In today’s world, where authenticity and legality are very important, notarizing documents is a crucial step in many legal transactions. Whether you’re finalizing a real estate deal, creating a will, or signing a power of attorney, having your documents notarized adds an extra layer of assurance that they are legitimate…
A trust set up for property gives beneficiaries a right to the property once the settlor has passed away. This means beneficiaries may become co-owners. However, the trustee may also hold an interest in the property as well. If the trustee is a co-owner of the property, they can file…
The purpose of this article is to explain what an elder abuse restraining order is and why it is important. This type of restraining order prevents abuse against elder or dependent adults. (Cal Wel. & Inst. Code § 15657.03(a)(1).) The requirements to obtain this restraining order are laid out in…
Motions in Limine are designed to facilitate case management before trial starts because taking a case to trial is an extremely evidence intensive process. Understanding how you can use Motions in Limine to protect and strengthen your case before trial starts is an important step to preparing your strongest case. …
In a partition action the sale proceeds are distributed based on a party’s interest in the property. (Code Civ. Proc., § 872.810.) This includes parties’ ownership interest as well as what improvements they made on the property or other factors. (Code Civ. Proc., § 873.220.) In pursuing partition by sale,…
A fiduciary duty is a special kind of professional relationship that forms between an individual or entity and their client. California recognizes many types of fiduciary relationships; each carrying its own duties and expectations. Understanding how fiduciary relationships function, under what circumstances they are established, and how they can be…
In California, spouses and registered domestic partners are afforded specific legal protections because of their status as a “spouse” or “registered partner.” A putative spouse is different from an actual marriage and a registered domestic partnership but exists to provide the same protections in specific circumstances. The Putative Spouse Doctrine…
In many contracts, the parties know that one person will be harmed if the other one breaches, but also realize that damage would be hard to calculate. So, what is a person to do to protect themselves from loss while also living their life in a way to pursue their…
Property transfers often require documents showing the transfer to be notarized and recorded. This means the document is entered into the county recorder’s office and notarized to ensure the document is authentic. A signed document can be notarized via a jurat or an acknowledgment. The choice of method is left…
This article is about whether a personal lien, like a lien for child support, can attach to real estate. This is important because property can be used as collateral for debt voluntarily or involuntarily. This means the owner of the property uses the property as collateral by having a lien…