I get the question frequently: “Can you please draft my will?” The answer is, “no.” But here is why. Estate Plans I draft estate plans.…
Subrogation and Tax Liens
A friend asked me last week, can a person record a lien against real property if they have paid the past due taxes? There might…
Removing a Bad Trustee
People select Trustees to handle the trust’s affairs after they pass on, but sometimes they die without knowing that the Trustee was a bad choice.…
Compelling a Trust Accounting When the Trust Waives Accountings
A trust declaration may waive periodic accountings. But how does a beneficiary prevent the trustee from stealing the trust’s assets and using it as a…
Selling the Family Home After a Loved One Passes Away
It’s common for people to feel sentimental about the family home, especially if they have fond memories of growing up there. However, it’s important to…
Conservatorship: The Basics
I don’t often have conservatorship consultations, but I saw that later this week, somebody booked me to talk about conservatorship and whether it is the…
The Tale of the Secret Probate: a Dispute over $1 million
What happens when someone opens and closes probate in secret? What follows is based on fact, but at the time of this article, I do…
The meaning of “Commercial Real Estate” in the context of Unlawful Detainer Actions
Those who have practiced real estate sales will tell you that “residential real estate” is a dwelling unit containing one to four distinct living quarters…
Starting a Business: A Roadmap to Success
So many entrepreneurs have great ideas for businesses, small and large, that could make a killing in the open market. The problem? They aren’t sure…
When can a California landlord serve an eviction summons by the post and mail method?
Unlawful detainer actions require service according to the general rules of civil procedure. (Code Civ. Proc., § 1167, subd. (b).) In general, this means that…