Squatters Rights in California

 

Squatters Rights in California - What Property Owners Need to Know

California has been hit hard by the housing crisis, leading to an increase in homeless people resorting to unlawful squatting. As a property owner, it's important to understand squatter's rights in California and how to properly remove squatters if they occupy your vacant rental or foreclosed home.

While sympathetic to their difficult situation, having strangers move into your vacant property can cause major headaches and expenses. Many owners only discover the problem when the unit is already damaged. Preventative measures like inspections, security systems, and screening processes are key.

But what do you do when squatters are already on your property? Here's a guide to squatters rights and proper eviction procedures in California.

The Basics of Squatters Rights

Squatting refers to living on a property without the owner's permission. It's illegal, but squatters can claim "adverse possession" to try gaining legal ownership after residing there for several years and paying taxes.

Trespassing is entering without permission but not taking up residence. California law allows owners to quickly evict squatters with proper notice.

Removing Squatters from Your Property

Don't take matters into your own hands! Proper procedures must be followed:

• Give written 3-day notice to vacate
• File unlawful detainer lawsuit if they don't leave
• Get a court ordered eviction
• Use the sheriff to enforce if needed

Trying to force them out yourself can create major legal issues.

Adverse Possession in California

If squatters meet specific criteria like paying taxes and living there for 5+ years without the owner's permission, they can possibly make an adverse possession claim to legally gain ownership.

Requirements include:

• Hostile possession
• Actual possession
• Exclusive possession
• Continuous possession
• 
  

Owners must monitor their property and take preventative measures to avoid these claims!

Protecting Your Property

Routine inspections, security systems, and working with property management pros are key to keeping squatters away. Signs, maintenance, and tenant screening also help.

No property owner wants the nightmare of discovering squatters. Take steps now to prevent unwanted occupancy issues!

Let me know if you would like me to expand or refine this blog post draft. I focused on providing an informative overview of squatter's rights and eviction processes in California, especially pertaining to rental properties.

How Revocable Living Trusts Help Avoid California Probate

 

If you own assets in California, establishing a revocable living trust can help your estate avoid the court-supervised probate process after death. Understanding exactly how these trusts allow assets to bypass probate can help you evaluate if a trust-based estate plan suits your situation.

What is Probate?

When someone passes away owning assets solely in their individual name without co-owners or designated beneficiaries, those assets must transfer through probate. Probate is a legal process supervised by the California probate courts to validate the will, inventory and appraise assets, settle debts and taxes owed, and distribute the remaining property to beneficiaries under the will’s terms.

Why Avoid Probate with a Trust?

Probate is a public record, unlike the privacy of trust documentation. The process also has downsides making avoidance desirable:

Delays Probate can tie up assets for a year or longer, delaying access for beneficiaries depending on estate complexity. Funds may be needed to support loved ones.

Fees In California, probate costs typically range from 4% to 7% of the gross estate value, paid from asset proceeds before distribution to heirs.

Court Oversight The probate judge must approve various transactions, appoint appraisers, audit assets, and authorize distributions. This court involvement intrudes on privacy and control.

Challenges Disgruntled heirs can contest the validity of the will and raise other claims lengthening the probate process and depleting assets.

How Trusts Help Avoid Probate During your lifetime, you transfer owned assets like real estate, financial accounts, and investments to the named trustee of your revocable living trust. You can name yourself the initial trustee retaining control. On death, the successor trustee you previously designated then distributes assets directly to beneficiaries per the trust terms, sidestepping the probate process completely since court validation is unnecessary.

The type of assets owned determines whether probate can be avoided. Non-probate assets with beneficiary designations like retirement accounts and life insurance will bypass probate automatically. Trusts address the disposition of remaining “probate assets” that require court procedures to change ownership.

Is a Trust Right for You?

Just having a will does not avoid probate. Weighing the upfront expense of creating a living trust versus thousands in probate fees later can make trusts advantageous. For large estates, privacy concerns, out-of-state real estate interests, or blended families with beneficiary disputes, avoiding probate through trusts merits strong consideration. An experienced estate planning attorney in California can help determine if a trust achieves your specific goals.

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Navigating the Complex Legal Landscape of Grandparents' Rights

Navigating the Complex Legal Landscape of Grandparents' Rights 

As a grandparent, few situations are more heartbreaking than seeing your grandchildren struggle due to their parent's inability to care for them properly. Many grandparents' instinct is to pursue legal custody or visitation rights in these cases through the courts. However, this is often an uphill battle fraught with family conflict.  

I recently came across an in-depth guide that shed light on grandparents' rights in California, outlining the complex legal landscape. It provided invaluable perspective for any grandparent weighing their options to seek custody or visitation.

The guide explains that grandparents have the strongest legal cases if the parents are proven unfit, deceased, or voluntarily relinquish rights. However, courts still give strong deference to parental rights, if parents are fit. Key factors judges consider are the existing grandparent-grandchild bond, the child's preferences, parental fitness issues, and potential benefits/detriment to the child.

Importantly, the guide stresses that while legal paths exist, cooperation with parents is ideal whenever possible. Pursuing custody often leads to painful family conflict and damaged relationships. Instead, it's critical to keep the child's best interests at the center and communicate with parents to find compromises.

For any grandparent exploring their rights, consulting an attorney is essential to understand your specific options. And remember, this is emotionally challenging for all involved. Focus on your grandchild's stability and well-being above all else. With care and patience, workable solutions are possible even in difficult circumstances.

This summary provides only a brief overview. The full guide covers grandparents' rights in California in greater depth for anyone needing to navigate this complex situation. Above all, act with compassion - for both your grandchild and the struggling parents.

Thinking of Dating During Your Military Separation? Read This First

Thinking of Dating During Your Military Separation? Read This First

If you're a married service member currently going through a legal separation, you may be wondering - can I start dating other people yet? This is a common question for military couples preparing to divorce. With your marriage functionally over, it feels reasonable to seek out new romantic attachments. But what does the law actually say?

This article examines the complicated regulations around new relationships for legally separated military spouses. While you may be living apart and untangling your finances, you're still legally married until your divorce is finalized. This means intimacy with new partners occupies an uncertain space under the Uniform Code of Military Justice (UCMJ).

Read on for a clear guide on what's permitted, what crosses the line, and how to protect yourself during this transitional relationship period.

Remain Legally Married During Separation

First, understand that legal separation in the military is an official process with binding agreements covering critical issues like:

• Asset division
• Spousal and child support
• Custody arrangements
• Physical separation into different dwellings

During this separation period, you remain legally married - just living apart. This means you cannot remarry or even file taxes as single until your divorce decree goes through.

The Risks of Dating and Adultery Charges

So can you date other people if you're legally separated but still married? It's risky. Having a sexual or physically intimate relationship with a new partner is considered adultery under the UCMJ.

Adultery remains an offense subject to court-martial. These charges threaten your military career and can lead to demotion, pay forfeiture, discipline, or discharge. Tread very carefully here.

When Is Dating Permitted?

Does this mean no dating at all until divorce? Not exactly. Non-sexual romantic relationships are typically permissible during separation. However, occasional adultery prosecutions still occur for particularly contentious cases.

Your best path is avoiding sexual contact with new dating partners until legally divorced. Discuss any new relationships with your attorney to understand limitations. And don't let a new boyfriend or girlfriend pressure you into intimacy before it's legal.

Other Impacts of Separation

While separated, most military benefits like healthcare, housing, commissary access, etc. continue unchanged for dependents until divorce. Issues like property division and child custody arrangements are made during separation and finalized at divorce.

Guidance From a Military Divorce Attorney

Consulting an attorney allows you to make informed choices about separation vs. divorce and new relationships. Key guidance they can provide includes:

• Advising whether separation or fast-tracking divorce better serves your goals
• Informing you on laws around post-separation dating to avoid UCMJ violations
• Negotiating separation agreements protecting your rights and interests
• Representing you in filing separation/divorce paperwork

Moving Forward Thoughtfully

This ambiguous in-between time after deciding to divorce but before it's official can be challenging. With the right legal guidance, military families can thoughtfully move forward in unwinding their marriage while following rules and protecting their benefits and careers.

The bottom line - tread carefully with new dating and intimacy. Understand the risks and your options. And you'll be prepared to embark on relationships post-divorce.

Do-It-Yourself Divorce: Is it Right for You?

 Do-It-Yourself Divorce: Is it Right for You?

Navigating a divorce in California without legal representation can be challenging, but is the cost savings worth the extra work and uncertainty? Here's what to consider when deciding between DIY divorce or hiring an attorney.

Pros of DIY Divorce

The main appeal of handling your own divorce is avoiding high attorney fees, which often exceed $200 per hour. You also maintain full control over the process and can complete forms on your own timeline.

DIY divorce works best for couples with minimal shared finances or debts, no children, and amicable splits. If you and your spouse agree on how to divide assets and don't anticipate disputes over support, the process may go smoothly without legal counsel.

Cons of DIY Divorce

The tradeoff of saving legal fees is taking on much more responsibility to understand California's divorce laws and correctly file all paperwork. If forms are incomplete or contain errors, your case faces delays and complications.

Without attorney guidance, you must negotiate directly with your spouse on sensitive issues like asset division and spousal support. Do-it-yourself divorce can become extremely difficult in high-conflict situations without an objective professional to mediate.

Though DIY divorces take less time without attorney back-and-forth, they may still take 6-12 months if documents are not thoroughly prepared. Don't underestimate the steep learning curve.

Key Questions to Consider

• Do you fully understand alimony, child support, and division of assets and debts under California law?
• Can you and your spouse negotiate major divorce-related issues reasonably without intervention?
• Are you ready to handle completing all legal forms accurately on your own?
• Could the DIY savings be lost if your case faces delays or complications?

While do-it-yourself divorce may work for some, consulting at least briefly with an attorney is smart before filing. An hour of legal advice upfront could save you money and stress over the long run.

If finances are a major factor, research low-bono or pro bono legal aid services in your area to see if you qualify. An attorney's expertise is usually worth the investment for the best possible outcome.