Dividing property following divorce or dissolution proceedings can be complicated under family law principles. If the property has appreciated in value, this can make dividing it more contentious and complicated. Under family law, a married couple’s earnings received during marriage are considered community property and are divided evenly at divorce. (Cal. Fam. Code § 770-772.)…
Continue reading ›In determining the value of property, a property owner can seek out a broker’s opinion of value. A broker’s opinion of value, also caller a broker’s price opinion is an assessment of a property’s value. This assessment is done by a real estate broker, often for free to get the property owner’s business. Broker’s Opinion…
Continue reading ›In California, the typical trust administration takes between 12 to 18 months to complete. The process can take significantly less time, ranging between 4 to 5 months, when distribution terms are straightforward. Oppositely, the distribution time frame can also take longer than 18 months depending on factors, like outstanding debts or real estate sales, which…
Continue reading ›California businesses are required to register with the Secretary of State to legally conduct business in the state. The specific requirements a business must meet when registering with the Secretary of State vary depending on the type of business, but all businesses, regardless of type are required to file a Statement of Information. If the…
Continue reading ›Discovery is an important tool for parties in a lawsuit to get information to prepare for trial and to decide what issues to focus on in a case. In California, the rules governing discovery are laid out in the Civil Discovery Act in Title 4 of the Code of Civil Procedure. These discovery rules apply…
Continue reading ›Probate sales are a unique real estate opportunity for buyers to purchase real property from the court after its owner died. Probate sales involve court confirmation hearings, during which an auction can result in an original purchase offer to be overbid by a new, higher, one. This auction is called the Probate Overbid Process. Probate…
Continue reading ›In California, title is determinative in some instances. This means that a court’s characterization of property in a marital dissolution proceeding determines the division of the property between spouses. How a property is titled may also affect the property’s protection from creditors, taxes, and the probate process. Understanding how and when title is determinative is…
Continue reading ›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 and binding. If you’re in…
Continue reading ›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 a partition suit. This is…
Continue reading ›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 the California Welfare and Institutions…
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