Real Estate Litigation

Buyers and Sellers

• Disputes with the buyer/seller
• Nondisclosure of defects or other material facts
• Commission disputes with real estate agent
• Faulty inspections
• Faulty appraisal
• Problems with loan broker or lender
• Mediation and other alternative dispute resolution

Real Estate Professionals

• Commission disputes
• Local board ethics claims
• Defense of uninsured claims

Homeowners

• Construction defects in new and older homes
• Soil subsidence and landslides
• Problems with neighbors and homeowners associations
• Boundary disputes
• City or County code enforcement problems

Commercial Property Owners and Tenants

• Lease disputes
• Broker disputes
• Condemnation ("eminent domain" claims)
• Mediation and other alternative dispute resolution

Trust and Probate Disputes

 Many complex and difficult legal issues can be created by the death of a loved one. It is possible to contest wills and trusts on a variety of grounds. The administration process can also be disputed by interested parties whose rights may have been disregarded. Trustees and administrators in probate can have their actions examined and challenged.  Beneficiaries may have claims for increased inheritance. Heirs that have been disinherited or ignored may have legal recourse.  Estate documents may be the product of fraud, deceit, or undue influence by predators or family members.

Long Law Offices can assist you in these areas:

• Will & Trust Contests - Wills and trusts can be challenged if it is suspected that the will or trust is not legally valid or if the person who wrote it was the victim of undue influence.
• Power of Attorney Contests - These occur when agents misuse their power of attorney privileges or incorrectly handle the assets associated with an estate.
• Breach of Fiduciary Duty Suits - These occur when the executor/administrator/trustee handles an estate's assets incorrectly or illegally.
• Fraudulent Transfers - Unauthorized or deceptive movements of assets away from an estate. 
• Protection of Beneficiary Rights - If you are being denied the inheritance you believe you deserve, learn about your rights as a beneficiary.
• Wills and Trusts Interpretation - Clarifying a confusing or ambiguous will or trust document.

Time restrictions for pursuing legal action during probate can often be limited to days and weeks rather than months or years. After probate is completed, it is often not possible to pursue a legal claim. Some cases can be resolved through alternatives to litigation, such as mediation and arbitration. Depending upon the situation, litigation may or may not provide the highest reward, or the quickest, most economical resolution of a case.  If you suspect that the transfer of an estate's assets has been handled incorrectly, unfairly or illegally, please contact us right away.

Commercial Lease Eviction

If you are a commercial landlord who needs to pursue eviction (unlawful detainer), or a commercial tenant who is being sued, Long Law Offices is here to help.  Remedies provided through litigation are often just part of a solution to your business problem.  Long Law Offices offers a comprehensive approach involving effective litigation strategy, alternative dispute resolution, and practical business negotiation to help give you some "certainty in an uncertain world". 

Financial Elder Abuse

The State of California has established significant legal protections for seniors and dependent adults who have been physically abused, financially abused, neglected, abandoned, isolated, abducted, or otherwise treated in a way that causes financial, physical or mental harm.  The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), Welfare & Institutions Code sections 15600 et seq., and Penal Code section 368 give the victims of elder abuse and their attorneys powerful tools to correct abusive situations and obtain justice against those guilty of committing the abuse or allowing it to happen.  Help is also available through your county's office of Adult Protective Services.

General Elder Abuse Victim Profile:

• Socially isolated without frequent contact with family and friends, or mentally or physically deteriorating
• Lives alone and has regular habits and errands
• Supports or lives with adult child who has a drug, alcohol or gambling dependency

Signs of Possible Financial Elder Abuse:

• Adding names to an elder's bank signature card or stock brokerage account
• Unexpected changes in a will, trust agreement, or other financial document
• Powers of Attorney being given to persons unrelated to estate planning
• Unauthorized ATM withdrawals or online funds transfers, especially if elder is homebound
• Unexplained disappearance of money or valuable possessions
• Lack of amenities the elder can afford (TV, newspaper, telephone, clothing, luxury items)
• Change of long-time telephone number
• Bank accounts or credit accounts in elder's name sent to address other than elder's
• Unpaid bills when third person is supposed to be paying them
• Discovery of forged signatures or signatures the elder does not remember making
• The sudden appearance of previously uninvolved relatives or acquaintances seeking control of the elder's affairs
• The appearance of unbonded, uninsured caregivers or other household help
• Caregiver regulates and restricts elder's social activities

If something doesn't seem right, it often isn't.  Long Law Offices will vigorously pursue these claims.

Dog Law

Dogs are wonderful creatures and can make terrific pets.  In the eyes of the law, dogs do not have the same rights as people, but they can still create substantial legal liabilities for their owners.  Here at Long Law Offices we understand the legal concerns that dogs can create for their owners and the general public.  We can help you with most dog-related issues, including the following:

• Represent victims of dog attacks
• Defend uninsured dog owners against dog bite claims  
• Defend dangerous animal charges
• Noise (barking) and nuisance claims
• Lease issues

LEGAL UPDATE:  California has passed a new statute, Probate Code section 15212, that allows special trusts to be set up for the care of pets.  If your canine buddy is a "member of the family" and needs to be provided for after you're gone, please contact us about setting up a Pet Trust.