Gerald Barry Dorfman

Gerald Barry Dorfman

  • Real Estate Law, Business Law, Personal Injury...
  • California
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Practice Areas
  • Real Estate Law
  • Business Law
  • Personal Injury
  • Arbitration & Mediation
  • Appeals & Appellate
  • Elder Law
  • Landlord Tenant
  • Probate
Additional Practice Area
  • Litigation
Fees
  • Credit Cards Accepted
    Through PayPal and Venmo.
  • Contingent Fees
    Contingency fees range from 15% to 45%. These apply to personal injury cases, and select other matters.
  • Rates, Retainers and Additional Information
    Regular hourly rate is $400.
Jurisdictions Admitted to Practice
California
9th Circuit
Education
Columbia University
B.A.
UC Hastings COL
Law Degree
Awards
Lead Counsel Rated
Lead Counsel
Lead Counsel Rated
Lead Counsel
100 Trust Rating
LawGives
Professional Associations
California State Bar # 107581
Member
- Current
Websites & Blogs
Website
Dorfman Law Office
Legal Answers
280 Questions Answered

Q. My boyfriend's mother passed away. What steps does he need to take to get probate started?
A: The first step is to find out whether probate is even necessary. If there is a trust which provides for all of the estate, then there is no need for probate. If the estate is worth less than $150,000, a less complicated procedure can be used. There are other possible procedures available, without probate, to pass on property. If probate is necessary, then a petition for probate is filed and notice is given to all potential heirs. The best first step is to consult with an attorney to see what is really necessary.
Q. California. A lender filed a lawsuit on me In the public record the lawsuit they display my SS#. Is that legal?
A: No, they are violating CRC Rule 1.201. Make a motion to have it redacted and for sanctions against the plaintiff. California Rules of Court, Rule 1.201. Protection of privacy (a) Exclusion or redaction of identifiers To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court: (1)Social security numbers. If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used. (2)Financial account numbers. If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used.
Q. Can I sue if my son's teacher fails to follow the 504 plan.
A: Yes, you need a consultation with an attorney experienced in disability and education law. You may be able to get this resolved through the administrative process, but you need to get going right away.
Q. How do me, my sister and brother deal with property left equally between the three of us. We're all on the deed.
A: If you are all owners, you all have equal rights to live there, in the absence of a different agreement. If you want, you can file a "partition" action, asking the court to divide the property. If it is not practical to divide it, the court can order it sold. An eviction action can be defended on the ground that you are an owner.
Q. I live in Colorado and am being sued from California...
A: Your question is listed under small claims. That is significant because attorneys are not allowed to represent parties in the initial small claims trial (although attorneys are allowed for small claims appeals). If the contract was entered into in California, and especially if it was to be performed in California (at least when entered into), then you are unlikely to be able to have the venue changed. You should consult with a California attorney.
Q. My father died intestate and had two houses. Can my brother and I each sign waivers to get an entire house each?
A: By using the disclaimer process, it should be able to be done, especially if it is still within none months of your father's death. A probate attorney can help you with this.
Q. Am I allowed to sue the state for the wrongful death of my spouse if a government worker was at fault?
A: The short answer is yes. There are many traps and pitfalls, not the least of which is a very short time to make a governmental entity claim. You should talk to experienced personal injury attorneys, and do not delay.
Q. Hi my dad bought a house a couple yrs ago and just found out there is no permits. Is the anything he can do?
A: That is a very serious situation. There is a lot to look into here, and your dad should get on this right away with a qualified real estate attorney. Of course, if the seller knew about the situation, it is a very clear case of fraud against him. But there are a lot of questions as to how it could have gone this far without being discovered earlier.
Q. Wife's father died in CA in 2013. No legal paperwork has ever been filed. How do we fix this?
A: A probate proceeding needs to be filed. If your wife doesn't take fees, but acts as administrator, then there will only be court fees and attorney fees. Taxes will have to be filed and paid, but should be minimal. Statutory attorney fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000. The probate needs to be filed in CA if he was a resident here at his death.
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Mailing Address
PO Box 1056
Mill Valley, CA 94942
USA
Telephone: (415) 389-9590