The following article will cover: Definition and responsibilities of disclosure in real estate. Required disclosures for sellers and realtors. Consequences and prevention of non-disclosure. What Is Non-Disclosure In Real Estate? Non-disclosure in real estate occurs when a seller or realtor fails to reveal material information about a property during a sale transaction. Both the seller and the realtor have a responsibility to disclose known or perceivable material facts to the buyer. What Type Material Issues Must A Seller Disclose? Sellers must: Be forthright when answering any questions related to the property. Disclose any information they know that would be material to the transaction. Complete a detailed checklist, including information about repairs and upgrades. Realtors must: Conduct a thorough walkthrough of the property, inside and out. Complete a visual disclosure form, noting any observable issues. What Are The Consequences Of Non-Disclosure? Consequences of non-disclosure include: The seller and/or agent being sued for non-disclosure. The buyer seeking…Read More
The following article will cover: Partition action definition and purpose. Types of properties and potential outcomes of a partition action. Timeframe and the role of an attorney in partition actions. What Is A Partition Action? A partition action occurs when multiple people, at least two, hold title to a property, and one or more want to sell the property while others do not. In such cases, the person who wants to sell can file a partition action in court. The court then decides on the ownership rights and requirements for selling the property. The outcomes can include: Distribution of ownership rights in the property. Requiring one owner to buy out the other owner's property interest. Ordering the property to be sold and distributing the proceeds. If the property can be divided, the court may split it into multiple parcels and distribute them among the owners. However, this is often not feasible, so the property is…Read More
When Trust Breaks Down: Estate And Trust Litigation In California In this article, you can learn more about: Common causes of trust disputes and litigation in California. When you need to file to contest a will or trust contest in California. Some of the steps you can take to avoid or resolve trust litigation. What Are The Most Common Reasons Trust Litigation Occurs In California? The end-of-life process is hard on families, especially when the person who has passed away has not fully completed the estate planning process. Worse still, legal disputes can often arise surrounding how assets are distributed or managed during the trust process. In California, such trust litigation occurs most frequently when: One or more beneficiaries dispute the will itself or its legitimacy, Beneficiaries disagree over who should get which assets, There are disagreements or complications in assessing the assets’ size or existence, Problems arise during the administration or distribution of assets,…Read More
The following article will cover:Definition and requirements of adverse possession.Applicability of adverse possession to different property types and owner awareness.Prevention of adverse possession.What Is Adverse Possession?Adverse possession occurs when an individual claims an ownership interest in a property for which someone else holds the title.What Are The Requirements For Adverse Possession?To establish a claim for adverse possession, the following requirements must be met:Continuous possession for more than five years.Adverse to the interest of the true owner.Open, notorious, and obvious possession.Unauthorized by the owner.Claim of ownership to the property.Timely payment of all property taxes during the five-year period.Exclusive possession of the property.How Does Adverse Possession Work?If all the requirements for adverse possession are met, an individual can file a quiet title lawsuit based on adverse possession.Can Adverse Possession Apply To Any Type Of Property?Yes, adverse possession can apply to any type of real property.Can Adverse Possession Occur If The Property Owner Is Not Aware Of The…Read More
The following article will cover: Quiet title action definition and purpose. The process for filing a quiet title action in California. Potential outcomes and the role of an attorney in quiet title actions. What Is A Quiet Title Action? A quiet title action refers to a legal proceeding in which one party seeks to confirm their title to a property. This typically occurs under various circumstances, such as: Presence of a lien on the property that should not be there. Incomplete transfer of title. There are multiple parties on a deed, but not all of them have signed off on the transfer. Belief of ownership interest without proper title transfer. The primary reason for a quiet title action is to resolve issues with incomplete ownership or the presence of liens that should not be on the property. Why Does Someone Need To File A Quiet Title Action In California? In California, a quiet title action…Read More
Business Law It is the responsibility of the business owner to maintain their place of work so that it is safe for everyone from clients to employees. If you do not do this, you could face a personal injury claim or even a workers’ compensation claim. Protect yourself and your business with these five tips from a workers’ compensation lawyer at Cohen and Cohen: Tip #1: Complete Regular Maintenance It is important to keep up with any and all types of maintenance, even for things that are not necessarily broken. For example, if your company uses heavy machinery, it is important to conduct regular maintenance to ensure the machinery runs as expected. However, you should not just focus on things like heavy machinery. You should also keep up with annual inspections such as those conducted on air conditioning units. If you do not maintain your unit and it fails or causes a growth of mold…Read More
In this article, you will discover: The importance of Estate Planning. How to properly complete the Estate Planning process in California. How the Estate Planning process can benefit you and/or your family in the event of death or incapacitation. What Is Estate Planning? Estate planning is the process of making important decisions about what happens to your assets after you pass away. It is never an easy process emotionally, but avoiding doing so can cause far more harm. There are many additional considerations beyond just financial assets which need to be taken into consideration, such as: Healthcare considerations, Financial affairs decisions, Guardianship decisions for children who are still minors, And more… When all are taken into account during the estate planning process, it is called an Entire or Complete Estate Plan, which is the recommended choice to avoid complications later. Why Is It So Important To Create An Estate Plan? If you fail to complete…Read More
In this article, you will learn: What an advanced care directive is. How the advanced healthcare directive differs from other end-of-life provisions in California. What other documents besides your advanced healthcare directive you might need. What Is An Advanced Healthcare Directive And What Does An Advanced Care Directive Do? An advanced healthcare directive is when you choose someone to act on your behalf and make healthcare decisions for you, should you become incapacitated. This is primarily used in the event you are hospitalized or in hospice to ensure that the person you trust has the written authority to make important medical decisions on your behalf. How Does An Advanced Healthcare Directive Differ From A Last Will And A Testament And Durable Power Of Attorney? While in some other states, the term ‘living will’ is used as an advance directive to provide guidance regarding medical decisions, in California law, the concepts are clearly distinct. The advanced…Read More
This article covers: The types of trust you might need for your assets in California. The different types of will you should consider during the estate planning process. How different financial assets are handled during the end-of-life legal process. What Are The Most Common Types Of Trusts Used In California And What Are Their Purposes? There are five primary types of trusts commonly used in California law and estate planning: Revocable Living Trust (Common, can be changed) Irrevocable Living Trust (Infrequent, very difficult to change) Charitable Remainder Trusts Pet Trusts Special Needs Trusts Let us cover them each in turn in more detail… What Is A Revocable Living Trust? Revocable Living Trusts are the most common type of trust used in California. Revocable means that you can change it or cancel it at any time so long as you are the Settlor (creator) of the trust. These are the go-to Trusts for the majority of…Read More
Written by: Sara Bailey If you thought waiting until your 40s or later to plan for retirement was a smart idea, think again. The right financial strategy earlier in your life (and career) can position you for a more rewarding retirement in the future. These strategies from Katje Law Group will put you on a smart fiscal path that’s worth every penny. Save and Invest as Much as Possible Fresh out of college, young professionals might find they’re suddenly earning more and spending just as much. A freewheeling phase might be beneficial for your mental health, but getting down to business money-wise is crucial. Though you have a long career ahead of you, starting early is essential for saving and investing in your future. As soon as you’re able, begin contributing to your retirement and set aside cash in savings. Don’t leave your cash in the bank for too long, though; a savings account with enough funds…Read More
