The default division of proceeds for co-owners when selling is 50/50 unless there is an agreement to the contrary. If there are text messages, emails, or other writings that outline the agreement, those can serve as evidence of the terms of the agreement to prove that a 50/50 split was not the... View More

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answered on Apr 15, 2025

In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:

1. Ownership Structure

• How is the property titled?

(For example: Joint tenancy, tenants in... View More

Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More

In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More

In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More

Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More

If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More

In California, the absence of a victim’s body does not automatically result in an acquittal. The corpus delicti, which comprises the death of the alleged victim and a criminal agency as the cause, can be proven through circumstantial or inferential evidence, without requiring the physical... View More

If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More

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answered on Apr 13, 2025

In California, trust distributions typically occur within 12 to 18 months after the trust becomes irrevocable, often upon the settlor’s death. In straightforward cases, distributions can happen in as little as 4 to 5 months.

A key factor influencing this timeline is the 120-day period... View More

Under California law, elderly fraud charges, particularly under § 368 (crimes against elders and dependent adults), can arise when someone in a position of trust, such as a caregiver, is accused of theft, embezzlement, or fraud involving an elder’s property, especially if the victim is over 65... View More

This may or may not be applicable.

6043.5. (a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.

Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More

To challenge the restraining order, you may pursue an appeal if the 180-day period under California Rules of Court, rule 8.104(a)(1)(C) has not expired, especially if proper service of the order was not established (In re Marriage of Lin, 225 Cal. App. 4th 471). Alternatively, you can file a motion... View More

For the sexual assaults, you have options to seek justice both criminally and civilly. Reporting the incidents to law enforcement can initiate a criminal investigation, potentially leading to charges under statutes like § 261 (rape) or § 289 (sexual penetration). Civilly, § 340.16 allows you to... View More

Proposition 36, codified under § 1210.1, offers probation and drug treatment instead of incarceration for nonviolent drug possession offenses. However, eligibility is restricted if you are convicted in the same proceeding of a felony or misdemeanor unrelated to drug use, such as auto theft (§... View More

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answered on Apr 12, 2025

In California, when property held in joint tenancy is transferred into a revocable trust, the joint tenancy is generally severed unless the transfer occurred during a limited window between November 13, 2003, and September 30, 2013, and specific conditions were met. Since the trust in question was... View More

If there are additional harm caused from the failure to find and advise of the problem there could be a case.

First, there must be malpractice. Here it appears the doctors breached the standard of care.

An attorney would have to study what harm was caused by the breach and see if it... View More

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answered on Apr 12, 2025

To transfer your house from your revocable trust back to yourself in California, you’ll need to execute a grant deed (or trust transfer deed) from you as trustee to you as an individual. This deed must be notarized and recorded with the county recorder’s office where the property is located,... View More

One question: Why do you want to give the real estate to your relative now? If there isn’t an urgent reason for making the property transfer, it is far better — from a tax perspective — to have someone inherit real estate through a trust document. Legally, you can do what you propose doing.... View More