Heggstad Petition [California Probate Code 850]

What is a Heggstad Petition? California Probate Code 850, also known as a Heggstad petition, is a judicial proceeding used to avoid costly and time-consuming probate proceedings by petitioning the court to transfer property that should have been titled in the name of a trust (but was not) into said trust after the decedent has … Read More

How to Sever Joint Tenancy Civil Code 682 Talkov Law

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

Civil Code 789 - Tenancy At Will - Eviction of Unwanted Guests in California

Tenancy At Will California – Eviction of Unwanted Guests – Civil Code 789

A tenancy at will, also known as an at will tenancy, is always a great situation for the tenant. The arrangement was often formerly fulfilling for the landlord because they get to help someone who they care about. These situations may get sticky, however, when the landlord attempts to remove the unwanted roommate, former employee, … Read More

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

The Difference Between Adoption and Guardianship California Family Law Lawyer Custody Attorney

The 5 Differences Between Adoption and Guardianship in California

Adoption vs. Guardianship: The 5 Big Differences Between Adoption and Guardianship of a Child in California Explained.

Conservatorship California Trust Estate Probate Attorney

What is a Conservatorship?

Conservatorship Law in California A conservatorship is a legal arrangement meant to protect an adult who cannot care for their own person or property. The petitioner asks the court to appoint a conservator to make decisions for the conservatee (the adult that cannot care for themselves). The conservator owes a fiduciary duty to the conservatee. … Read More

Guardianship in California California Trusts, Estates, Probate Attorney.

Guardianship in California

What is a Guardianship? A probate guardianship is a court proceeding in which a guardian is appointed by the probate court to protect the person or estate of a minor. California Probate Code §1510. California uses “guardianship” to refer to both personal and financial decisions in regard to a minor while “conservatorship” is used when the … Read More

Constructive Trust California Law Attorney Lawyer

What is a Constructive Trust in California?

Constructive Trust in California What is a Constructive Trust? A constructive trust is a remedy used by a court to compel a person who has property they are not justly entitled to to transfer it to the intended beneficiary as determined by the court. How can I get a Constructive Trust? California law provides that … Read More

WIll Requirements California Probate, Trust, Estate Attorney

California Will Requirements

Will Formalities in California While many people die with a will, courts do not enforce every will. Instead, courts enforce only those wills meeting specific legal requirements. Who Can Make a Will? California Probate Code section 6100 delineates that an individual 18 years or older who is of sound mind may make a will. Will … Read More

Breach of Duty California Trusts Attorney Lawyer

When Can I Sue a Trustee of a Family Trust?

What Can I Sue a Trustee For? Various issues can arise when choosing, drafting, or funding a trust. Knowing the duties and of both the trustee and the beneficiary is an important step to better understanding the complicated nature of wills and trusts. We highly recommend you consult with an experienced trust & estate attorney … Read More

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