California Real Estate Legal Questions

If she has a will or a living trust, then the property goes to whomever she said in her will or trust. If she died without a will or trust, then ti goes to her legal heirs. That starts with her spouse and children, or grandchildren if the children are gone. If there are none, then her parents. If there are none, then her siblings and then their children, nieces and nephews. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.     If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Dana Sack... Read More

I have handled several such cases. The law and the facts can get complicated. First, both you and your neighbor have the primary obligation to act reasonably to prevent damage to each other's property. You are allowed to cut the limbs of the tree and the roots to the property line, but only if you can do so reasonably, without endangering the life and structural viability of the tree. For example, if you cut the roots on your side and the tree falls over, you are responsible for all the damage. Judges hate self-help. It is better to sue the neighbor for creating a nuisance and to force him to stop the nuisance, which might involve removing the tree, than to do it yourself, even if the result is the same.  This is a great opportunity for neighborhood mediation with a group like SEEDS. You should get an estimate from a contractor for what it is going to cost to repair your concrete and garage, and how often that is going to need to be repeated if the tree is not removed.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

I recommend that you or your buyer hire an experienced real estate litigation attorney to review this easement document. Almost always, the owner of the property burdened by the easement retains the right to use the easement area as much as he can without interfering with or damaging the easemetn rights. In this case for example, it would take some very aggressive language in the easement document to take away the property owner's right to walk on the putting green, sunbathe on it, or putt on it, when the owner of the easement was not using it himself. If that were the case, then the sign is inaccurate and should come down. But the neighbor could be right. It depends what the easement document actually says. A good lawyer might see loopholes that others might not. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

The lawyer was correct. For purposes of avoiding re-assessment of the property for property taxes, if the surviving parent was not a child of the grandparent, then the exclusion from re-assessment is available, but only as to the grandparent's half, not as to the uncle's half. It is not automatic. You must apply for it, with all the required paperwork. If the property was not your grandmother's principal residence, then only the first $1,000,000.00 qualifies. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

Probably not, but to know for sure, a lawyer would need to review all the documents in the prior lawsuit, especially any settlement agreement or correspondence leading up to the dismissal. Partition is a terrible way to resolve such a dispute. It can easily take a year or longer, especially if the other side defends and resists. That whole time, both sides are spending time and money with their attorneys. It gets very expensive. In almost all cases, neither side recovers its legal fees from the other side. It is possible, but rare. The price obtained is almost always substantially less than market value. The sale is perceived in the market as a forced sale, so potential buyers try to take advantage by bidding low. The sale requires court approval, which can take several months to get a hearing. At the hearing, the court will entertain competing overbids. Therefore, potential buyers bid low, hoping that if no one shows up at the hearing, they'll get a bargain, even if they are prepared to bid and pay more. For all those reasons, I have almost always been able to convince the other side to sell. If you want to sell or want to buy-out the other side, you should consider being prepared to pay the other side a little extra for their cooperation, in order to avoid the delay, effort and legal fees of partition. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

I suggest preparing a complete accounting of all income and expenses as far back as when everyone was even, had received and paid their correct proportionate shares, or all the way back until you acquired the property. I would also find out what the property would sell for now. Then I would calculate their shares and their shares after deducting what they owe you. Can you buy them out for that amount? Could you refinance to raise the cash to buy them out? If so, I would show them all those calculations and offer to do so. If they refuse, then you could hire a lawyer to do the same. The letter from the lawyer would imply that you were prepared to sue to do this. The next letter would explain that you have the right to force the sale of the property via a court action for partition, but that this would not produce the best price, the repayment of what they owe you would be the same, and everyone would also lose a lot of legal fees. Normally, such a court action would take about a year. However, Governor Brown is not fully funding the courts. Staff layoffs and not replacing judges who have resigned, has already stretched it out to 18 months in Alameda, and is predicted to get worse next year. The only way to avoid "a long drawn out process" and one which will be expensive, is to negotiate and threaten, in order to make a deal. Dana Sack 510-286-2200  ... Read More

Probably not, but it would take some legal research to know for sure. I would first check the zoning for the property. Most residential zones do not allow commercial activities. You have to find out what zone the property is in and then determine what uses are allowed in that zone. Some uses may require a conditional use permit. Next, most cities license, regulate and tax parking lots. Mainly it is a way to generate tax revenue. However, they also don't want people sleeping overnight in parking lots, and they want them well lit to prevent crime. Traffic and noise, especially at night in a residential neighborhood, would be issues. That's why good parking lot ordinances limit where they can be located. You will also need to obtain a business license. Again, after Prop XIII, many jurisdictions adopted business licenses as a way to generate tax revenue. Penalties for failing to register, failing to pay, and late payments, can be expensive. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

There is nothing typical in your situation. Call the trustee immediately and tell her or him that you will continue to pay the rent, where should you send it? and that you want to buy the house? how much does the trustee want? Whatever is said in that conversation, confirm it in a letter in writing with your signature (not a text or email). If the trustee does not take your call or return your message today, send that letter this weekend. The trustee only gets paid if she or he collects some money from the debtor's property. Your rent payments will be great news to the trustee. Selling to you saves the trustee the 6% commission, and at least a month of marketing and inspections by a new buyer who is not familiar with the house the way you are. Good idea. Good luck.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

Find out how much it will cost to evict the tenant. Find out how long it will take, since you will be both renting and paying your loan, hoa dues, property taxes, insurance and utilities on the house. Find out how much it will cost to complete the repairs. Send a demand letter to the seller and to your real estate broker for those amounts. Maybe hire an attorney to send that letter. Maybe that will incentivize the seller and the real estate company to get the tenant out and the work completed. If that doesn't work, hire an attorney to evict the tenant. As soon as the tenant is out, hire a licensed contrator to complete the repairs. Then sue the seller and the real estate agent for the legal fees, the repair costs, and your rent until you are able to move it. Check your contract. You probably have to offer to do mediation before you can sue. You might have to arbitrate with the seller. The real estate broker might agree to arbitrate or might make you arbitrate with the seller and then go to court with the real estate company. You MUST sue the real estate company within 2 years after close of escrow. You have 4 years as to the seller. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

Yes. There is a U.S. Supreme Court which says that a landlord cannot refuse to rent to a pair of people because they are not married. In California, it is a violation of the Unruh Act. There is a civil penalty you can sue for in small claims court. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

The County Tax Collector does not sell your home for unpaid taxes, plus the penalties and interest, for 5 years after the first tax bill goes unpaid. Nonetheless, the penalties and interest are expensive. You need to pay the taxes ASAP. Better to borrow the money to pay them than to leave them unpaid and incur all those penalties and taxes. See a good loan broker who should be able to show you how to fix this. I recommend John Holmgren in Montclair Village in Oakland. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

I can prepare the paperwork -- a grant deed and a preliminary change of ownership report -- and have the grant deed recorded, for $200.00 plus the county recorder's filing fee. You will need to get the deed notarized by a notary. Giving away your ownership will not cancel your liability for any loans or other debts secured by the property. They will still show on your credit report. If the property is a residence and the lender holding the first deed of trust forecloses, that lender cannot sue you for any deficiency (i.e. loan amount minus foreclosure sale price), but all the junior lenders and lienholders still can. You should talk to a lawyer about why you want to do this. There might be a better solution to the problem you are trying to solve.  If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

You either obey the judge's order or you file an appeal. The period for filing an appeal is very short. The process for filing an appeal involves filing a lot of documents with the Court of Appeals, very quickly. Then you wait at least a year for your hearing. If you don't know how to do it, I recommend hiring an attorney who specializes in appeals. Even most experienced attorneys do not handle appeals themselves. They refer them to specialists. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

You have no claim against the seller or your broker for any defects which you reasonably should have discovered by a normal walk-through and visual inspection of the house. That includes taking a look at the faucets, turning them on and off, and turning on the oven. Relative to the cost of the house, repairing and replacing those items is not that much. If that's all that's wrong, you're in good shape. The same test applies to the floor under the carpet. If the floor was soft and spongy when you walked across it, then you should have discovered it. If the damaged area was covered by furniture or could not be felt through the carpet and pad, then you may have a claim. How did you discover this water damage? What caused the water damage? How bad is the damages? Is it just some staining? Your damages are NOT the cost of repair. In court, you can only collect the difference between what you paid for the house and the market value of the house when you bought it, if a reasonable seller and buyer had known all about the damage. In a sellers' market like we have now, such defects might not have caused the seller to lower the price. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

You will need to have an attorney review the CC&Rs, the condominium plan and the first deed of your unit to its first buyer. On some condominium plans, balconies are part of the units. On many condominium plans, balconies are designated as exclusive common area, meaning the HOA owns it, but only the designated adjacent owner gets to use it. But even if it is exclusive common area, some CC&Rs make repairs the responsibility of the HOA, and many make it the responsibility of the exclusive user. Termites in an upstairs balcony raises the question of how they got there and whether there are termites in the wood between the ground and the balcony, and whether the termites are in structural members. If the HOA allowed termites to run amok through its common area until they got all the way up to your balcony, the HOA might be responsible for that damage. Your CC&Rs and the Davis-Stirling Act provide for Internal Dispute Resolution and mediation, to try to resolve such disputes before incurring the cost and controversy of arbitration or litigation. After the questions discussed above are answered, then your attorney should exercise those forums for resolving the disagreement. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

Bad board make bad decisions. Unfortunately, the law gives HOA boards very broad discretion to make decisions, as long as they don't violate the CC&Rs. Your only remedy is to go through the process of removing the board and replacing them by a vote of the membership. This will take at least 2 months. Then the new board can consult with the members and decide whether to spend the money to pay to repaint. This might require a special assessment. If there are enough members, it might be a modest enough assessment per unit, that the membership would agree. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

If this is a residential lease, look for a lawyer who specializes in representing tenants. In San Francisco and Berkeley, try the Eviction Defense Center and the Eviction Defense Collaborative.  In general, all you need to do is give 30 days notice. If you have a lease, the landlord has a duty to mitigate its damages by trying to lease the unit as soon as possible. Most landlords don't bother suing a tenant who gives notice and leaves the premises in good condition. If the landlord does not return your deposit, you can sue for it in small claims court. If you are a commercial tenant, then you need a real estate attorney with experience dealing with commercial landlords and leases, like us. Dana  ... Read More

Did you receive title insurance when you bought your home? If so, then this should be covered by the title insurance. If the title company does not agree immediately to take care of it, then you will need an experienced real estate attorney to persuade the title company to do the right thing. If you don't have title insurance, then you will need to sue the sellers. The use of the word "grant" in the deed, triggers a statute which establishes a warranty by the sellers that they did not create any liens on the property which are not described in the deed itself. When you sue the ex-wife over something the ex-husband did, you will have her as an ally to get him to do the right thing. Dana Sack  ... Read More

Check your CC&Rs and HOA Rules. This may be a dispute between you and your neighbor which the HOA is not going to get involved in. Don't get in a fight with the HOA. Almost always, the HOA wins. With fines and reimbursement of legal fees, fighting the HOA can get very expensive.  Don't get bogged down in "constantly and continuously." That's not the issue. The sound of dog-barking travels and is very disturbing. It is designed to be. If you cannot train your dogs to be quiet when unattended, then you should consider not leaving them outdorrs unless you are there to keep them quiet. I had a dog which we kept outside when we were not home. Out of boredom, she barked at every bird and squirrel. A new neighbor worked at home two days a week, and napped in the afternoon. When he complained about the barking, I asked which days he was home, and we kept the dog in the kitchen those two days. Some days she pee'd on the pee sheets. Some days she didn't. No big deal to clean up the messes. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

No. The most notice the law requires you to give her is 30 days, and that's 30 days from the date you give notice. It does not have to be effective as of the first or last day of a calendar month. She also must give you 30 days notice of any rent increase.  The worst she can due is sue you in small claims court. No lawyers. She tells her side. You tell your side. The worst that happens is you owe her an extra $275.00, plus the $80 filing fee and maybe a $75 process server fee. More likely, she won't bother. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read More

If you hired me, first I would send her a letter enclosing a spreadsheet showing the original amount, the interest, and all the payments, and how much you believe you owe her, and a certficate for her to sign confirming that payoff amount. I would cite the statute which requires her to comply.  If that didn't work, I would send a letter threatening to sue her, and asking her to explain why she is not responding. Next, I would send a letter suggesting mediation as an alternative. If I sue, the court is going to require a settlement conference, anyway, so why not do that first, before both sides spend a lot of money on legal fees. If that doesn't work, then you will have to sue her. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

At the very least, anyone you hire to work on your property should be licensed. They should also have substantial experience doing the specific kind of work they will do for you, and have some references from people satisfied with their work. The HOA is justified in being concerned that an unlicensed contractor working in your townhouse might do something which damages the common area or other owners' townhouses. The law treats an unlicensed contractor as your personal employee. If he gets hurt, you are liable for his injury. Since you don't have workers compensation insurance, there is no limit on the amount of his damages, and there is a presumption that you were negligent. How are you going to prove that you were not negligent. Time limits are becoming standard, because too many homeowners and contractors let projects start and stop and get delayed. The unfinished work may be a visible blight to the community. A single worker might take months to do what a crew would do in a week. Meanwhile, the community has the worker's truck parked in front all the time. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

Yes, you can take title in whatever percentages you want. Just show the percentages on the deed. If you don't show the percentages, the law will presume that the shares are equal, but that presumption can be rebutted, but that means at a trial, and you don't want to be suing each other. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

Please take a look at the CC&Rs for your HOA. There are provisions for applying for architectural review or design review of the exterior of your home and the front yard. You probably need to submit a written application for review of your plans. The CC&Rs might require lawn or other plants in the front yard. In light of the recent years of drought, the design review committee might give you a waiver of that requirement, if you applied for one and if what you plan as a substitute will be attractive. It is important that the HOA enforce the CC&Rs about design review against everyone. If they don't, they might lose the right to enforce them entirely. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

Regarding taxes, if your brother buys your one-half interest in a home, you must pay state and federal income tax on any capital gain. Capital gain is the difference between what you are paid for your interest and your tax basis. If you recently inherited the property, then your tax basis is the fair market value of your half of the property as of the date of death. If someone gave you the interest in the property before that person died, then your tax basis is that person's tax basis. If that tax basis is low, then your capital gain and the capital gain taxes might be large. Is there a loan secured by a deed of trust on the property? If so, the sale to your brother does not cancel your liability under that loan. Since the security for the loan is a home, the lender cannot sue you personally for the loan. It can only foreclose on the property. However, any late payments or defaults may show up on your credit report and may affect your credit rating. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More