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Parents Rosa and got divorced in 2007. Property in their

Parents Rosa and Ken got divorced in 2007. Property in their real property was titled as Rosa and Ken as husband and wife as joint tenants. In 2008 they each signed separate trusts and transfer deeds transferring "all their rights, title and interest" in the real property to their respective trusts. Ken died in 2016. Rosa is still alive. The named adult child beneficiaries want to sell the house. Escrow says they don't know how much of an interest each parent's trust owns since the deeds don't say a specific share (like 1/2). How do we figure that out because Rosa's share will be subject to a 43% (state and federal) capital gains tax since she is alive and doesn't get a step up.Does each parent's trust own a 50% share?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I have an unrecorded deed of trust that appears to me to

I have an unrecorded deed of trust that appears to me to have many purposely made errors. I gave a loan to a friend of a friend March 2014 for 20k.that at the time I trusted but the friend not so much. We verbally agreed on terms but when it came time to go to the Title company this man brought me to a grocery store that had a Chase bank and notory. I was confused but went in as I wasn't driving. He had called ahead and notory notorized his signature than he handed me deed of trust and I went to teller window whole HD deposited it into his bank account stating escrow was closing and money needed wiring asap. Today it's been almost 2 1/2 years and he still hasn't paid me back. He knows I couldn't give him a long term loan. I've basically begged that he repay me on numerous occassions he has said he would but didn't. He's in pre forclosure and didn't disclose my deed on property making me feel that he still isn't planning on paying me. The deed wasn't recorded because of errors ie. My last name wasnt on Deed just first, the check I gave him was made payable to me we both signed the back of the check before he made deposit. There is no trustee/Beneficiary named on doc. He also stated payment to be paid monthly but list 0.00 as payment amt. He did list that any intetest due would bexpect paid Oct. 2014. He is refinancing property as i write this told me that i made one lender pull out when they found just had deed. He still isn't disclosing my deed. This man has cost me money in late bank charges anxiety and health has suffered. Please advise if I can record deed by writing in my last name and who do I list as Trustee? He doesn't want this recorded as he may lose another lender and time running out. I'm close to the county recorders office but will be going home to the SF Peninsula tomorrow. This man says he will pay me after closing but I don't trust him. I also found that the property listed the end of March of 2014 when he told me it was closing March 7, 2014 when his signature was notorized and the document stated he.owned it already. Please advise ASAP. Also, if you could recommend an attorney to handle a doctor's negligence leading to my arm having to beat reconstructed with muscle from my back. Now my spine is curved, the Dr told me I has scoliosis which I have never been told by any other doctors and over the years I've seen several my back has been MRI CT scan xrayour wirh no discussion on curvature. I believe my spine has curved because the muscle was removed to use as padding in my left forearm. I have also had another surgery where they fouND that the original infection was not cured as I was told but instead had been eating away at the bone in my arm and now left hanging there not reaching my wrist. Since I've had infections with same bacteria. I am allergic to many antibiotics and recently was told that I would need IV antibiotics if a spider bite didn't heal. I was in 2 different location hospitals totalling 3 weeks the at home daily nurse wound care for 3mo. The another week for surgery to clean out the bonr. 6 weeks of picc line infused vancomyacin 2times daily with help from family or friends. The bones in my arm have started to become painful acruelly bones in my hip, leg, foot and I have terrible back pain and was told to strengthen my core. They removed part of the core muscles in my back. The skin flap they made since all but a 2 inch strip of my own skin remains looks really bad, they put an indent under my elbow but it shouldn't be there. I can't life carry or hold anything with my left arm especially since I have 1 bone holding my hand on. I've continued to be music diagnosed by this hospital I'm afraid there is a time limit but I wastill told it stated ones I was denied care. I asked to see a specialist outside of them but my doctor said she can't do that. So im stuck with inadequate care for an error on doctors part to begin with. I went in with a fractured wrist my arm blistered Dr popped blisters leaving fluid in then covered with guaze and soft cast. My arm turned purple black felt like I had a shell over mostentatious of it. The dr. Said it was a scab and wound come off, my ex husband asked if there was anything they could do about it now. The Dr replied we can take a wire brush to it. We left horrified and I wastopped back less than 1 week later. These doctors should be fired for what they did. I am 51 with 2 daughters. And will gavd my divorce final soon. I'm forced to move out of the area, I havd trouble folding clothes how do just pack unpack etc I feel like my life as I knew it is gonecessary and I don't know the person with disfigured and useless arm is. If you could refer me to an attorney that handles those I would. Appreciate it along with help with the deed of trust questions. Thank you Natalie. VACCHIERI

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CalAttorney2

Attorney

Doctoral Degree

20,240 satisfied customers
A portion of our driveway that we have used uncontested for

A portion of our driveway that we have used uncontested for over 21 years is on property adjacent to ours. The new owners put up a fence that goes through the middle of the driveway. Do we have any recourse?

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legalgems

Juris Doctorate

13,880 satisfied customers
This question is for I have a couple of questions on files

This question is forCustomer I have a couple of questions on files that closed already -- in regards ***** ***** available POST-closing if something goes wrong. Please let me know if you are available today to discuss. Thank you.

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Attyadvisor

Doctoral Degree

7,166 satisfied customers
Second opinion] - I want to know if the following rule would

Second opinion] - I want to know if the following rule would help my children get the SOUTH CAROLINA house my ex's mistress, whom ex married after divorce, got after ex died because he listed her on deed as a JTWRS.I included "SECTION 15‑3‑380. Effect of forty‑year lapse" in following letter I wrote to my kids: "As you know, our family's assets were used for the down-payment on this property, to pay its mortgage and interest, to repair it, maintain it, insure it, improve it, pay for gas & electric, water, etc., etc. This property morally, rightfully and justifiably belongs to the three of you, not to terry and ross and lynn and brian [her 3 kids as incidental beneficiaries].SECTION 15‑3‑380. Effect of forty‑year lapse.No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person [s: Bryan, Allison Brendan] claiming, his [their] ancestor or grantor [their father], was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.HISTORY: 1962 Code Section 10‑129; 1952 Code Section 10‑129; 1942 Code Section 385; 1932 Code Section 385; Civ. P. ‘22 Section 328; Civ. P. ‘12 Section 134; Civ. P. ‘02 Section 109; 1873 (15) 496.

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Lucy, Esq.

Juris Doctor

30,368 satisfied customers
I want to know if the following rule would help my children

I want to know if the following rule would help my children get the SOUTH CAROLINA house my ex's mistress, whom ex married after divorce, got after ex died because he listed her on deed as a JTWRS.I included "SECTION 15‑3‑380. Effect of forty‑year lapse" in following letter I wrote to my kids: "As you know, our family's assets were used for the down-payment on this property, to pay its mortgage and interest, to repair it, maintain it, insure it, improve it, pay for gas & electric, water, etc., etc. This property morally, rightfully and justifiably belongs to the three of you, not to terry and ross and lynn and brian [her 3 kids as incidental beneficiaries].SECTION 15‑3‑380. Effect of forty‑year lapse.No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person [s: Bryan, Allison Brendan] claiming, his [their] ancestor or grantor [their father], was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.HISTORY: 1962 Code Section 10‑129; 1952 Code Section 10‑129; 1942 Code Section 385; 1932 Code Section 385; Civ. P. ‘22 Section 328; Civ. P. ‘12 Section 134; Civ. P. ‘02 Section 109; 1873 (15) 496.

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CalAttorney2

Attorney

Doctoral Degree

20,240 satisfied customers
I live in a 0 lot line residential area with HOA board. The

I live in a 0 lot line residential area with HOA board. The board approved me putting up a fence as did the previous owner of house next door. Property was sold and new owner demanded my fence had to be removed as was on 4 feet at back of his house. Do I have to remove it or is it grandfathered in.

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Attyadvisor

Doctoral Degree

7,166 satisfied customers
Do you have experience with lis pendens? Arizona, Yes my

Do you have experience with lis pendens?JA: What state are you in? It matters because laws vary by location.Customer: ArizonaJA: Has anything been filed or reported?Customer: Yes my ex-financee filed a lis pendens as part of her civil suit against me. The civil suit has been resolved ( I was granted attorney's fees), and she is appealing final judgement.JA: Anything else you want the lawyer to know before I connect you?Customer: The property is title solely in my name.

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TJ, Esq.

Juris Doctor (JD)

10,892 satisfied customers
My home was auctioned without my knowledge and the lender

My home was auctioned without my knowledge and the lender sold it for more than I owed . What are my rights?

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TJ, Esq.

Juris Doctor (JD)

10,892 satisfied customers
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