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.