No. “Personal property” refers to the character of the property, specifically ordinary possessions. This is as opposed to real property, intellectual property, registered vehicles, etc. “Separate property” refers to ownership, meaning it is that person’s property and no one else’s.... View More

Do you mean you need an attorney to file a Heggstad petition for you? Or you want an explanation of the case? I don’t understand your question.

Yes. It will be helpful to hire an attorney who routinely files probate matters in that county’s court and is familiar with the local rules for that county.

Yes.

Yes. You can legally amend your trust without hiring a lawyer. If you are making a simple amendment, like changing a successor trustee, you are probably fine doing the amendment yourself. If you are doing something more complicated like changing beneficiaries or arrangements for succession of a... View More

Assuming your business is operating in California, it is very likely you are violating the law by employing your workers as independent contractors. Look at AB5 (Assembly Bill 5) that went into effect 1/1/2020. If you’re not treating them as employees, and paying payroll taxes, WC insurance,... View More

Both have important legal consequences:

Joint Tenancy: If one of you dies, the other becomes the sole owner of the property by operation of law.

Tenancy in Common: If one of you dies, the other still only owns 50%, and the deceased owner's share passes to his/her heirs. The... View More

The “ business to business exemption” is very narrowly tailored. Assuming the other party is a legitimate business, properly licensed to do the sort of business, eg stocking vending machines; he has his own place of business independent of yours; he is contracted with you in writing to perform... View More

Not necessarily. If title to real property is involved, an affidavit of death may have been filed with the county recorder to change title. It will not give you the specific language/ contents of the trust, however.

It is entirely possible. It depends on how the trust is written and whether it was made irrevocable by your father’s death. Without seeing the document, no attorney can tell you for sure.

Yes. That is legal, and completely reasonable. Just make sure you are completely transparent with your clients about your policy before you take their deposit to hold their inspection appointment, and under what conditions that deposit will or won’t be refunded. Good luck.

If the trust is properly drafted, executed, and funded then you should avoid probate and this section would be irrelevant to you as it deals with statutory fees due to a PR in probate. Of course, unfunded assets subject to probate may still get you there through the pour-over will. It sounds like... View More

You have no cause of action.

File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.

You’re talking about CA B&P 7197. The law is pretty clear and the circumstances where a company performing a home inspection can also perform repairs are very narrow and limited: like roof repairs pursuant to a roof certification inspection or termite repairs pursuant to a termite report.... View More

No

When the petition for probate is filed (form DE-111), the petitioner(s) will request a particular person be named as the administrator of the estate (there is no executor since there is no will). It can be, but doesn’t have to be one of the children. The probate code only requires it to be an... View More

The child’s parents. CA Probate Code 6402.

Of course.

CA Probate Code 15206. The settlor (your father) must have signed the trust amendment for it to be valid and enforceable. There is no exception for Covid. Sorry.