REAL ESTATE LITIGATION
Law offices of George M. Halimi provides legal services for the special issues pertaining to the general real estate litigation, real properties owned by a living trust, and the real properties owned by the estate of a deceased person.
A lawsuit filed pertaining to the real property may include claims, causes of actions, or matters that are normally raised in a civil action such as ownership disputes, quiet title action, breach of contract, partition action, fraud, mortgage disputes, adverse possession, broker disputes, escrow disputes, and construction defects. The issues mostly raised in a probate litigation and living trust litigation are as follows:
(1) Spousal property claims. A lawsuit may be filed by the spouse of decedent, claiming that the real property claimed by the decedent in a will or living trust is his or her separate real property.
(2) Joint tenancy claims. Normally, transfer of title to a real property into a trust would terminate the joint tenancy. A lawsuit may be filed by the joint tenant claiming that the real property of the trust was intended to remain as joint tenancy.
(3) Marvin rights. Generally, a cohabitant has no right to the estate of a decedent. However, under certain circumstances, a lawsuit may be filed by the cohabitant of decedent, claiming that the cohabitant has rights to the real property of estate.
(4) Creditor rights. A lawsuit may be filed by a creditor of decedent claiming that the title to real property was fraudulently transferred to the living trust, and that it is not subject to distribution to the heirs of estate.
(5) Title by adverse possession. A lawsuit may be filed by a third party claiming that, prior to transfer of title to a real property into the living trust, title to the real property was transferred to him or her by adverse possession. The same claim may also be made by the trustee of living trust against an interest of a third party in a real property.
(6) Title disputes. A lawsuit may be filed by a third party claiming that the real property of the living trust, or the property of estate of decedent, is his or her real property. Similarly, a lawsuit may be filed by the trustee of trsut, or representative of estate of decedent, against a third party claiming that the real property under the name of third party belongs to the living trust or estate of decedent.
(7) Trust’s unfunded real property. A special lawsuit may be filed by the trustee claiming that the real property of the decedent was intended to be the living trust’s property.
Real property title or ownership disputes are mostly related to the property owner’s lack of capacity, undue influence, fraud, duress and menace, elder abuse, and breach of fiduciary duties. The issues may be raise by the real property owners during their lifetime. The issues may also be raised upon death of the property owners by their heirs, trustees of their living trust, or administrators and executors of their estate.
The parties we represent in the real estate litigation are the real property owners, the parties having been defrauded out of their real properties, the parties having a claim of ownership of real property, the real property buyers and sellers, the trustees of living trusts, and administrators and executors of estate of deceased person.
Probate Codes §§850-859 control the disputes pertaining to the trust real properties pertaining to the living trusts, and properties pertaining to the estate of decedent. The codes give the probate courts the jurisdiction to litigate the disputes pertaining to the real properties. However, if a civil action is pending with respect to the real property and jurisdiction has been obtained in the court where the civil action is pending prior to the filing of the lawsuit in the probate court, the probate court must decline the lawsuit in the probate court until the conclusion of the civil action. The exception is if the probate court finds that the civil action was filed for the purpose of delay.
If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs.
Similar lawsuits pertaining to the personal properties, stocks, bonds, bank accounts, and retirement benefits may be filed to determine the rights and liabilities of living trust, trust beneficiaries, estate of decedent, and third parties.
For more information call us at (310)553-5562.
Law offices of George M. Halimi provides legal services for the special issues pertaining to the general real estate litigation, real properties owned by a living trust, and the real properties owned by the estate of a deceased person.
A lawsuit filed pertaining to the real property may include claims, causes of actions, or matters that are normally raised in a civil action such as ownership disputes, quiet title action, breach of contract, partition action, fraud, mortgage disputes, adverse possession, broker disputes, escrow disputes, and construction defects. The issues mostly raised in a probate litigation and living trust litigation are as follows:
(1) Spousal property claims. A lawsuit may be filed by the spouse of decedent, claiming that the real property claimed by the decedent in a will or living trust is his or her separate real property.
(2) Joint tenancy claims. Normally, transfer of title to a real property into a trust would terminate the joint tenancy. A lawsuit may be filed by the joint tenant claiming that the real property of the trust was intended to remain as joint tenancy.
(3) Marvin rights. Generally, a cohabitant has no right to the estate of a decedent. However, under certain circumstances, a lawsuit may be filed by the cohabitant of decedent, claiming that the cohabitant has rights to the real property of estate.
(4) Creditor rights. A lawsuit may be filed by a creditor of decedent claiming that the title to real property was fraudulently transferred to the living trust, and that it is not subject to distribution to the heirs of estate.
(5) Title by adverse possession. A lawsuit may be filed by a third party claiming that, prior to transfer of title to a real property into the living trust, title to the real property was transferred to him or her by adverse possession. The same claim may also be made by the trustee of living trust against an interest of a third party in a real property.
(6) Title disputes. A lawsuit may be filed by a third party claiming that the real property of the living trust, or the property of estate of decedent, is his or her real property. Similarly, a lawsuit may be filed by the trustee of trsut, or representative of estate of decedent, against a third party claiming that the real property under the name of third party belongs to the living trust or estate of decedent.
(7) Trust’s unfunded real property. A special lawsuit may be filed by the trustee claiming that the real property of the decedent was intended to be the living trust’s property.
Real property title or ownership disputes are mostly related to the property owner’s lack of capacity, undue influence, fraud, duress and menace, elder abuse, and breach of fiduciary duties. The issues may be raise by the real property owners during their lifetime. The issues may also be raised upon death of the property owners by their heirs, trustees of their living trust, or administrators and executors of their estate.
The parties we represent in the real estate litigation are the real property owners, the parties having been defrauded out of their real properties, the parties having a claim of ownership of real property, the real property buyers and sellers, the trustees of living trusts, and administrators and executors of estate of deceased person.
Probate Codes §§850-859 control the disputes pertaining to the trust real properties pertaining to the living trusts, and properties pertaining to the estate of decedent. The codes give the probate courts the jurisdiction to litigate the disputes pertaining to the real properties. However, if a civil action is pending with respect to the real property and jurisdiction has been obtained in the court where the civil action is pending prior to the filing of the lawsuit in the probate court, the probate court must decline the lawsuit in the probate court until the conclusion of the civil action. The exception is if the probate court finds that the civil action was filed for the purpose of delay.
If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a decedent, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, the person may, in the court's discretion, be liable for reasonable attorney's fees and costs.
Similar lawsuits pertaining to the personal properties, stocks, bonds, bank accounts, and retirement benefits may be filed to determine the rights and liabilities of living trust, trust beneficiaries, estate of decedent, and third parties.
For more information call us at (310)553-5562.