I thought we already had an official free legal advice thread

[JoeP]

[Qingdai]

95% of my free legal advice is "contact the State Bar agency of your state, tell them you're looking for a lawyer that specializes in [whatever issue you're having] and let them give you a referral." In my state (Oregon) they do that for a flat $50 fee.
Knowing what you can and can't do legally is a great investment in peace of mind


SORRY SERIOUS ANSWER

[vremya]

Same here in Minnesota - the state bar association or county bar association can refer you to someone who will probably give you a free or very cheap consultation.

[Ensign Steve]

I almost started yet another thrad with this same title, but then I found it.

We're buying a house!

I'm doing a "Buyer Vesting" form, whatever that is, and I have to choose between "Community Property" and "Community Property with Right of Survivorship". (There are lots of other options too [my mom received mail addressed to "A married woman as her sole and separate property" for years, and it was such a glaring junk-mail signal, it was awesome], but I'm pretty sure we want one of the Community Property options. We're in California, married.

What's with the Right of Survivorship option? The internet says "The Right of Survivorship typically refers to a right granted to joint tenants to claim the entire property upon the death of another joint tenant." Does it mean my mom or his siblings or someone can't come and try to claim half of it if one of us dies? I feel like that's the one we want, right?

Edit: Oh, also, we have to pick between "Husband and Wife", "Wife and Husband", and "A Married Couple".

[Stephen Maturin]

Community property with right of survivorship is California's equivalent of we in lolorado call joint tenancy. While you and bey are both alive, you're each an owner of the house and the land on which it sits. When one of you casts off this mortal coil and joins the Choir Invisible, the survivor automatically becomes the sole owner of the property by operation of law. Here, the surviving joint tenant just needs to record a certified copy of the deceased joint tenant's death certificate in the county where the property is located. The important point is that the right of survivorship means the property won't need to go through the probate process to get title transferred when one of the owners dies.

The "community property" component of that phrase is a marriage thing and goes to what happens in the event of a divorce. Since you guys are married, the house will be community property (and thus subject to equitable division in the event of a divorce) even if only one of you holds title.

For present purposes, you'll definitely want the survivorship option. Going without it doesn't mean some greedy family member can some in and snatch up the decedent's interest -- disposition would be governed by the decedent's will or California's statute of descent and distribution -- but it makes the transfer process quicker and smoother.

[ChuckF]

Don't forget to file a UCC lien statement using your FEDERAL CORPORATION NAME ONLY to inform the Sheriff that You, as Trustee, claim allodial title to the property, thus providing real and constructive notice that you do not consent to the Bill of Exchange.

[Ensign Steve]

Is that ... is that a real thing?

[ChuckF]

I've already revealed too much

[Stephen Maturin]

[JoeP]

Originally Posted by Ensign Steve

Edit: Oh, also, we have to pick between "Husband and Wife", "Wife and Husband", and "A Married Couple".

Just write "Other: bey/es".

[ChuckF]

bey et ux