Forberglaw 818.484.7823

Two Brothers Who Fought Over a Real Estate Deal Finally Settle On Trial Date

forberglaw — Sun, 18 Dec 2016 18:56:54 +0000

Law Offices of Tony Forberg

Two brothers who entered into an oral agreement for a real estate project found themselves in a fiery fight for over 7 years, which destroyed their relationship.

Partnership Law

The dispute started when the older brother decided to squeeze out the younger brother from the real estate deal, and take advantage of his younger brother who invested a substantial sum of money in a real estate deal. Since they did not have a written contract, the older brother thought he could get away with it, and keep the money invested by the younger brother.

Younger brother hired Law Offices of Tony Forberg to pursue his rights, and claims against his older brother, who simply decided to ignore his agreement from seven years ago.

We filed a lawsuit against the older brother, and vigorously fought our client’s right against him who tried to repeatedly to have the lawsuit thrown out based on Statute of Limitation. All of his attempts were unsuccessful, and the case proceeded to trial.

After a year and half long litigation, and unsuccessful attempts to settle, the case was eventually set to start trial. On the morning of trial on November 14, 2016, immediately before jury selection, the older brother facing substantial exposure to a large verdict against him, finally agreed to start a meaningful settlement discussion. After vigorous settlement discussions, older brother finally agreed to pay Client $375,000.00 lump sum payment in exchange for dismissal of the lawsuit.

It is very important for anyone considering investing in any business venture, to have their lawyers draft a clear contract setting forth all the rights and obligations of the parties. This will likely to avoid future lengthy, and costly litigation. Most lawsuits can be avoided if the parties express their intent in writing before starting their business venture. This will help avoid miscommunication, and misunderstand which can lead to lawsuits and costly litigation expense .

If you have a business dispute, feel free to contact Law Offices of Tony Forberg for free initial consultation.

Call (818) 484-7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Common Questions On Revocable Transfer on Death Deed

forberglaw — Sat, 06 Feb 2016 02:06:55 +0000

Law Offices of Tony Forberg

Here are Some Common Questions About Revocable Transfer on Death Deed Commonly Known as TOD

First. TOD deed has no effect until you die. You can revoke it at any time.

CAN I USE THIS DEED TO TRANSFER BUSINESS PROPERTY? This deed can only be used to transfer (1) a parcel of property that contains one to four residential dwelling units, (2) a condominium unit, or (3) a parcel of agricultural land of 40 acres or less, which contains a single-family residence.

HOW DO I USE THE TOD DEED? Complete this form. Have it notarized. RECORD the form in the county where the property is located. The form MUST be recorded on or before 60 days after the date you sign it or the deed has no effect.

IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? Yes.

HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the county recorder for the county where the property is located. If you are not absolutely sure, consult an attorney.

HOW DO I “RECORD” THE FORM? Take the completed and notarized form to the county recorder for the county in which the property is located. Follow the instructions given by the county recorder to make the form part of the official property records.

WHAT IF I SHARE OWNERSHIP OF THE PROPERTY? This form only transfers YOUR share of the property. If a co-owner also wants to name a TOD beneficiary, that co-owner must complete and RECORD a separate form.

CAN I REVOKE THE TOD DEED IF I CHANGE MY MIND? Yes. You may revoke the TOD deed at any time. No one, including your beneficiary, can prevent you from revoking the deed.

HOW DO I REVOKE THE TOD DEED? There are three ways to revoke a recorded TOD deed: (1) Complete, have notarized, and RECORD a revocation form. (2) Create, have notarized, and RECORD a new TOD deed. (3) Sell or give away the property, or transfer it to a trust, before your death and RECORD the deed. A TOD deed can only affect property that you own when you die. A TOD deed cannot be revoked by will.

CAN I REVOKE A TOD DEED BY CREATING A NEW DOCUMENT THAT DISPOSES OF THE PROPERTY (FOR EXAMPLE, BY CREATING A NEW TOD DEED OR BY ASSIGNING THE PROPERTY TO A TRUST)? Yes, but only if the new document is RECORDED. To avoid any doubt, you may wish to RECORD a TOD deed revocation form before creating the new instrument. A TOD deed cannot be revoked by will, or by purporting to leave the subject property to anyone via will.

IF I SELL OR GIVE AWAY THE PROPERTY DESCRIBED IN A TOD DEED, WHAT HAPPENS WHEN I DIE? If the deed or other document used to transfer your property is RECORDED before your death, the TOD deed will have no effect. If the transfer document is not RECORDED before your death, the TOD deed will take effect.

I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? Do NOT complete this form unless you freely choose to do so. If you are being pressured to dispose of your property in a way that you do not want, you may want to alert a family member, friend, the district attorney, or a senior service agency.

DO I NEED TO TELL MY BENEFICIARY ABOUT THE TOD DEED? No. But secrecy can cause later complications and might make it easier for others to commit fraud.

WHAT DOES MY BENEFICIARY NEED TO DO WHEN I DIE? Your beneficiary must RECORD evidence of your death (Prob. Code § 210), and file a change in ownership notice (Rev. & Tax. Code § 480). If you received Medi-Cal benefits, your beneficiary must notify the State Department of Health Care Services of your death and provide a copy of your death certificate (Prob. Code § 215).

WHAT IF I NAME MORE THAN ONE BENEFICIARY? Your beneficiaries will become co-owners in equal shares as tenants in common. If you want a different result, you should not use this form.

HOW DO I NAME BENEFICIARIES? You MUST name your beneficiaries individually, using each beneficiary’s FULL name. You MAY NOT use general terms to describe beneficiaries, such as “my children.” For each beneficiary that you name, you should briefly state that person’s relationship to you (for example, my spouse, my son, my daughter, my friend, etc.).

WHAT IF A BENEFICIARY DIES BEFORE I DO? If all beneficiaries die before you, the TOD deed has no effect. If a beneficiary dies before you, but other beneficiaries survive you, the share of the deceased beneficiary will be divided equally between the surviving beneficiaries. If that is not the result you want, you should not use the TOD deed.

WHAT IS THE EFFECT OF A TOD DEED ON PROPERTY THAT I OWN AS JOINT TENANCY OR COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP? If you are the first joint tenant or spouse to die, the deed is VOID and has no effect. The property transfers to your joint tenant or surviving spouse and not according to this deed. If you are the last joint tenant or spouse to die, the deed takes effect and controls the ownership of your property when you die. If you do not want these results, do not use this form. The deed does NOT transfer the share of a co-owner of the property. Any co-owner who wants to name a TOD beneficiary must complete and RECORD a SEPARATE deed.

CAN I ADD OTHER CONDITIONS ON THE FORM? No. If you do, your beneficiary may need to go to court to clear title.

IS PROPERTY TRANSFERRED BY THE TOD DEED SUBJECT TO MY DEBTS? Yes.

DOES THE TOD DEED HELP ME TO AVOID GIFT AND ESTATE TAXES? No.

HOW DOES THE TOD DEED AFFECT PROPERTY TAXES? The TOD deed has no effect on your property taxes until your death. At that time, property tax law applies as it would to any other change of ownership.

DOES THE TOD DEED AFFECT MY ELIGIBILITY FOR MEDI-CAL? No.

AFTER MY DEATH, WILL MY HOME BE LIABLE FOR REIMBURSEMENT OF THE STATE FOR MEDI-CAL EXPENDITURES?

Your home may be liable for reimbursement. If you have questions, you should consult an attorney.

For more information on Revocable Transfer on Death Deed Commonly Known as TOD, Click here.

For More Information or Free Legal Consultation

Call Us At

(818) 484-7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

California Now Offers Revocable Transfer on Death Deed, Inexpensive and Quick Alternative to Living Trust

forberglaw — Fri, 05 Feb 2016 21:45:25 +0000

Law Offices of Tony Forberg

California homeowners now have a simple, inexpensive way to leave property to their loved ones without going through probate, saving substantial cost and legal fees, and also save considerable time.

Effective January 1, 2016, California law now provides revocable transfer on death deed which is most useful for single people, including widows and widowers.

Before January 1, 2016, the only way single people could avoid having their home avoid probate to transfer to their heirs, was by setting up a trust, which could cost $2,000 to $6,000, or g through probate with an average cost of $26,000.

Now, homeowners who want to use the new option will simply sign an instrument called a Simple Revocable Transfer on Death Deed, naming who will receive the property after they pass away. They must have it notarized and record it with their county within 60 days. If they change their mind, they can revoke the deed at any time.

Married people already had a simple way to avoid probate by holding title to their home or other assets as community property with right of survivorship or joint tenants with right of survivorship. That lets the surviving spouse inherit the deceased spouse’s ownership in the home without it going through probate.

Average cost to Prepare and Record Revocable Transfer on Death Deed $299.00 plus cost of recording and cost of Notary.

To see some common questions regarding Revocable Transfer on Death Deed click here.

For More Information or Free Legal Consultation

Call Us At

(818) 484-7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Home Buyer Obtains Judgment Against Seller for $50,000

forberglaw — Mon, 18 Jan 2016 19:14:29 +0000

Law Offices of Tony Forberg

Just like there are lemon laws regulating the used car market, homeowners are obligated to disclose certain things about their home to prospective buyers.

Sellers Duty to Disclose defects

Our client purchased a home and during the course the sale Seller failed to disclose various latent defects relating to electrical, plumbing, chimney defects that could not have been discovered by a visual inspection. Buyer did however discover other defects prior to close of escrow, and Sellers agreed in writing to repair those repairs prior to close of escrow. After moving into the property, Client discovered that not only Sellers failed to repair defects the Sellers had agreed to repair prior to close of escrow, but further failed to disclose defects that Buyer could not have discovered by a visual inspection.

Following filing of a lawsuit, our office obtained a judgment for $50,000 against Sellers for their failure to disclose defects, and for failure to repair defects they promised to repair prior to close of escrow.

For more information on Real Estate Seller’s obligation to disclose defects, see our page on California Law on Seller’s duty to Disclose Defects in Real Property Sales.

If you purchased a home and you later discovered that you bought a lemon, you may be entitled to damages against the seller of the property.

Under most circumstances, we represent homeowners on Contingency basis, so if we don’t recover any money, you don’t pay any legal fees, and we only get paid when we recover money for you.

For Free initial Consultation

Call Law Offices of Tony Forberg

818.484.7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Partner Sues Former Partners For Embezzlement and Gets $200,000 Settlement

forberglaw — Thu, 05 Nov 2015 20:15:43 +0000

Law Offices of Tony Forberg

2 Partners agreed to settle a dispute and pay their former partner $200,000 in settlement. A partner filed a lawsuit against two of his former partners alleging embezzlement. The settlement was reached on the day of trial.

After a vigorous and lengthy litigation, we secured a settlement on behalf of our client wherein he will receive $200,000.00 from his former partners for their embezzlement of partnership assets.

Partnership Law

Law Offices of Tony Forberg has over 20 years experience in business and civil litigation.

If you have a partnership dispute, call for a free consultation and we can tell you your options.

Call Law Offices of Tony Forberg for free initial consultation

(818) 484-7823

Litigation You Can Trust, Results You Can Expect

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Earth Day 2015

forberglaw — Wed, 22 Apr 2015 14:07:36 +0000

Law Offices of Tony Forberg

We celebrate Earth Day 2015!

Earthday

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Truck Driver Received $70,000 Settlement for Unpaid Overtime Wages

forberglaw — Thu, 12 Jun 2014 00:23:39 +0000

Law Offices of Tony Forberg

A Los Angeles Trucking company has agreed to settle and pay a former truck driver $70,000.00 for unpaid overtime wages.

The case settled the day before the trial was set for trial. The truck driver worked overtime for over 2 years without getting any compensation for the overtime, and he was later fired when he began to complain about not being paid overtime.

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Seller of Real Estate Property To Pay $53,000 to Buyer Client For Failure to Disclose Defect

forberglaw — Wed, 04 Jun 2014 16:03:28 +0000

Law Offices of Tony Forberg

A seller of a commercial real estate property agreed to settle and pay our Client $53,000.00 in damages for failure to disclose fire damage not visible, before the close of escrow.

Fire Damage

The Seller of the property had suffered fire damage, not visible during the course of an inspection. After escrow opened, and during the course of the real estate transaction, the Seller never disclosed the fire damage to the Buyer or his agent.

After the close of escrow and after purchase of the property, the buyer during the course of a remodel, and after having torn down walls, discovered significant fire damage to the Property hidden in the structure of the Property.

Further investigation revealed that the Seller had suffered a fire damage prior to the sale of the Property, but never disclosed to Buyer the fire damage, and as a result, the Buyer is now faced to spend considerable amount of money in repairs.

A Seller of a real property in California has legal Duty to disclose latent defects in real property before close of escrow. Please read more information on California Law on Seller’s Duty to Disclose Defects in Real Property Sales, read our page.

Law Offices of Tony Forberg has handled numerous failure to disclose cases, and has obtained number of victories for its clients in Southern California.

For Free initial Consultation

Call Law Offices of Tony Forberg

818.484.7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Purchased a Property and You Discover Mold Infestation?

forberglaw — Wed, 15 Jan 2014 17:38:27 +0000

Law Offices of Tony Forberg

If you or someone you know bought a home, and you discover mold after close of escrow, you must act quickly.

Mold Infestation

Toxic Mold is dangerous, costly to repair and can have severe health consequences for you and your loved ones. Most states require the seller of a home to disclose presence of a mold infestation. If the prior owner knew of the presence of mold but did not tell you when you bought your home, the owner may be liable to you for violating these disclosure laws. If you suspect presence of mold in a property you recently purchased, call us at (818)484-7823 for free initial consultation.
Law Offices of Tony Forberg serving Los Angeles for 20 years.

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823

Hollywood Nightclub Agrees to Settle For $45,000 For Injuries Caused by the Security Personnel

forberglaw — Tue, 03 Sep 2013 23:02:47 +0000

Law Offices of Tony Forberg

Hollywood Nightclub, and the nightclub’s outside security company agrees to pay Client $45,000.00 for injuries he sustained due to their overzealous and aggressive security personnel.

One thing that many people in Los Angeles like to do is to take advantage of the thriving nightlife by going to nightclubs. When people attend nightclubs, they expect to dance, have a few drinks, mingle with their friends and have a good time. They do not expect to be injured or to be subjected to dangerous conditions that may cause them harm, especially by the nightclub’s overzealous or aggressive staff including bouncers or security personnel. The reality though is that many people suffer nightclub injuries in Los Angeles each year. These injuries range from minor to severe and are always emotionally traumatizing.

If you suffered a nightclub injury in Los Angeles, or Orange County, and you feel that the club was responsible, you should contact our team of Los Angeles personal injury lawyers. With our help, you may be able to file a personal injury claim against the owner of the nightclub where you were injured. If you are successful with your nightclub injury claim, you may be awarded damages for you pain and suffering. You may also be awarded damages for your medical expenses or for time you had to take away from work to heal from your injuries.

We have represented a number of individuals who have suffered injuries they have sustained in nightclubs on contingency basis. So, if there is no recovery, you will not pay any attorney fees or costs advanced by our firm.

Contact a Los Angeles Night Club Injury Lawyer

At the Law Offices of Tony Forberg, we proudly represent those who have suffered serious injuries while visiting Los Angeles nightclubs. We know that due to California’s premises liability laws, anytime visitors suffer injuries while attending nightclubs, and the owners of the facilities acted negligently, visitors are entitled to compensation. However, to obtain compensation, people with nightclub injuries will need the legal representation and guidance from our team of experienced premises liability attorneys.

Did you suffer an injury at a Los Angeles nightclub? If so, contact the Law Offices of Tony Forberg to schedule an initial phone consultation!

CALL FOR FREE INITIAL CONSULTATION

Law Offices of Tony Forberg

818.484.7823

Los Angeles Lawyers representing clients in Bankruptcy, Criminal Defense, Business Litigation, Real Estate Litigation, Personal Injuries, And General Civil Litigation, Forberglaw 818.484.7823