Articles Posted in real estate trust

A Primer to Trustees and Beneficiaries in California (Prob. Code § 16000.)
Underwood Law Firm, P.C.

A trust is a legal device that is commonly used in estate planning. A trust represents “a collection of assets and liabilities” that can be held and transferred by an individual to another individual, the “beneficiary.” (Portico Mgmt. Grp., LLC v. Harrison (2011) 202 Cal.App.4th 464, 473.) When the trustee, the person responsible for managing…

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What is a Trust (Boshernitsan v. Bach (2021 61 Cal.App.5th 883)?
Underwood Law Firm, P.C.

“A trust is any arrangement which exists whereby property is transferred with an intention that it be held and administered by the transferee for the benefit of another.” (Higgins v. Higgins (2017) 11 Cal.App.5th 648, 662.) Essentially, a trust is a legal relationship that allows a person to hold property for the benefit of another…

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What are the steps to partition trust property?
Underwood Law Firm, P.C.

Partitions are lawsuits that split up the property between multiple co-owners so that each can take their equity out of the home. The prototypical partition is that between unmarried partners or business partners. Both own equal shares, but only one wants to end the relationship and take their money out. Partitions enable this to happen,…

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What Is a Real Estate Investment Trust (Corp. Code section 23000)?
Underwood Law Firm, P.C.

In California, a real estate investment trust is “any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners of transferable shares of beneficial interest in the trust estate and (1) that formed for the purpose…

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