Blog Posts in 2008

• Posted By Ajalat & Ajalat, LLP 20-Oct-2008

  Foreclosure Also Hits the Innocent and Unsuspecting Tenant

  In addition to the lender and the defaulting owner, another party that stands to suffer greatly from the foreclosure of a residential property is the innocent tenant. The suffering typically begins early, long before the foreclosure sale. Notices of ...

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• Posted By Ajalat & Ajalat, LLP 15-Oct-2008

  "Short Sale" and "Deed in Lieu" as Alternatives to Bankruptcy and Foreclosure

  The slumping economy and real estate market have forced people to scramble to find a quick, inexpensive way to avoid going through a bankruptcy and/or foreclosure. A "short sale" and a "deed in lieu of foreclosure" agreement are ...

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• Posted By Ajalat & Ajalat, LLP 10-Oct-2008

  Anti-Deficiency Statutes and the "One Action Rule" Help Protect Already Troubled Homeowners

  As is happening today more so than at any other time in California's history (and across the country), borrowers are defaulting on their loans and losing their homes in foreclosure. Luckily, in some cases, a set of Depression-era laws can protect ...

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• Posted By Ajalat & Ajalat, LLP 6-Oct-2008

  New Ruling Shields Text Messages from Employers' Eyes

  Current caselaw allows employers unrestricted access to their employees' e-mails on devices owned or provided by the employer. The rationale is that employees have no "reasonable expectation of privacy" in e-mails because they are ...

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• Posted By Ajalat & Ajalat, LLP 8-Jul-2008

  Is the Supreme Court Ruling on Gay "Marriage" a Matter of Semantics?

  The recent California Supreme Court ruling on same-sex marriages has garnered a huge amount of public attention throughout the country. However, the ruling may not be as revolutionary as the general public believes, nor as progressive as the media ...

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• Posted By Ajalat & Ajalat, LLP 3-Jul-2008

  New "Hands Free" Law: Will It Have the Intended Effect?

  As you have likely heard, on July 1, two new laws affecting your right to use a cell phone or other mobile device while driving went into effect (Cal. Veh.Code __ 23123 and 23124). Essentially, Section 23123 says that persons 18 and over cannot use a ...

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• Posted By Ajalat & Ajalat, LLP 28-May-2008

  LEGAL "LOOPHOLE": COULD BILL BE HILLARY'S VP?

  Most people know that there is a two-term limit on the office of President and therefore believe that Bill Clinton is ineligible to become Vice President because he is ineligible to be President. It appears that view is incorrect. The Constitution ...

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• Posted By Ajalat & Ajalat, LLP 23-May-2008

  How Much Does a Probate Cost?

  Costs. The fee to file a probate depends on the size of the estate, but the vast majority will be under $1,000. Other costs may include service of documents, publication fees, and bond premiums. In addition, in complex or contested matters, there may ...

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• Posted By Ajalat & Ajalat, LLP 20-May-2008

  What is Needed to Start the Process?

  Before consulting with an attorney, you should be prepared to advise the attorney as fully as possible of the nature and extent of decedent's assets, names and addresses of all heirs and beneficiaries, and whether or not decedent had a will. This ...

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• Posted By Ajalat & Ajalat, LLP 13-May-2008

  What Can I Expect? What is the Process?

  Probate administration is initiated by filing a Petition for Probate with the superior court. The petition asks the court to appoint a personal representative and admit decedent's will, if any, to probate. It identifies decedent's heirs and ...

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• Posted By Ajalat & Ajalat, LLP 9-May-2008

  My Relative Passed Away. How Do I Know if a Probate is Necessary?

  A probate may not be needed if the total value of the decedent's assets are less than $100,000 or if the only heir is a surviving spouse. Additionally, prior to death, a person may have structured their assets so that a probate can be avoided. ...

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• Posted By Ajalat & Ajalat, LLP 5-May-2008

  What is "Probate"?

  A "probate" is the court-supervised proceeding for administering a person's assets and debts following their death. During a probate, all of the decedent's debts (e.g., bills, credit cards, loans, taxes, etc.) will be paid or ...

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• Posted By Ajalat & Ajalat, LLP 21-Jan-2008

  Little Known Law (That's Seldom Enforced)

  California Vehicle Code _ 26708(a)(1) prohibits driving a motor vehicle with any "object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows." Therefore, while enforcement may be ...

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• Posted By Ajalat & Ajalat, LLP 14-Jan-2008

  Your Government at Work For You

  On the lighter side, the following are actual bills pending before either the United States Senate or the House of Representatives. These may be mere resolutions, declarations of policy or actual statutes. As presented here, they may sound ...

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• Posted By Ajalat & Ajalat, LLP 11-Jan-2008

  New California Laws For 2008

  The following are a few of the hundreds of new laws that went into effect in California on January 1, 2008: A notary public's acknowledgment must now be based on "satisfactory evidence" and the certificate must now be signed under ...

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