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Oroville, CA
By Ron Sokol
Question: My husband and I hold title to our house as joint tenants. Will it be reappraised for property tax purposes when one of us dies?
- E.G.,
North Hollywood
Answer: Quoting the Web site of the Los Angeles County assessor, "The transfer of property between husband and wife does not cause a reappraisal for property tax purposes. This includes transfers resulting from divorce or death. Also, the addition of joint tenants, whether related or not, does not result in a reappraisal." Go to www.assessor.lacounty.gov/extranet/
guides/realprop.aspx, which contains that language, and addresses a variety of topics.
Question: I was stopped by a CHP officer who said I was speeding. He asked me a lot of questions, to the point where I felt very uncomfortable. I finally asked, "Aren't you supposed to read me my rights?" He said nothing, went back to his vehicle, wrote out a ticket, had me sign for it and left. Was he out of line?
- A.C.,
Rancho Palos Verdes
Answer: The Miranda warning is to be given by law enforcement to a suspect in custody, or in a custodial situation, prior to that individual being asked questions concerning the commission of a crime. The usual traffic stop does not rise to the level of a "custodial situation" addressed in the Miranda decision.
If the CHP officer acted improperly, one thought is to take it up with his unit or commanding officer, and, if you wind up in Traffic Court, you can so inform the judge as well.
Question: We are wrapping up an auto accident case, where the other driver was at fault. My auto insurance company has sent me a letter about their "subrogation rights," and that "you, the insured, shall not interfere in carrier's rights thereto." Please explain.
- J.W.,
Culver City
Answer: Subrogation is a legal term that means the insurance company has a right to pursue a third person, if need be, in your name, for reimbursement of any payment it has made on your behalf. So, in the accident case you mention, if your automobile insurance company paid to repair your vehicle - but the other driver is at fault - your insurance company wants to be able to go to that driver's insurance company, or that driver, or both, to get back as much as it can of what it paid on your behalf.
Ron Sokol's column appears each Wednesday. E-mail questions and comments to him at RonSEsq@aol.com or send mail to him at Ask The Lawyer, Daily Breeze, 5215 Torrance Blvd., Torrance, CA 90503-4077. This column is a summary of the law, and not a substitute for legal consultation on any particular case.
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