When a couple legally separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. This is called “spousal support” for married couples, and commonly referred to as “alimony”. This article provides an overview of the spousal support award process, how to change or end…
Probate is the court process of transferring a decedent’s assets into the names of the lawful heirs or beneficiaries. If the decedent owned property held solely in his or her name and without a designated beneficiary, there is no way for the beneficiaries to obtain legal ownership without going through the probate process. So, when…
The first step in the landlord’s decision to terminate a residential tenancy is to give written notice of termination. This article addresses termination of a residential tenancy with a 30 or 60 day notice. Failure to follow proper procedure typically results in the court’s denial of your request to have the tenant removed from the…
In California, the way to initiate an eviction proceeding against a tenant who is behind on rent is to serve him or her with a 3 Day Notice to Pay Rent or Quit. The three-day notice is an official document informing your tenant that they have three days to pay their rent or you will…
Typically, the first step in the eviction process is to “serve” a 3-day, 30-day, or 60-day notice on the tenant. The terms “serve” and “service” refer to procedures required by the law that are designed to increase the likelihood that the person to whom notice is given actually receives the notice. There are different ways…
What Is An Ancillary Probate Proceeding? If a person dies owning assets in his or her sole name or as a tenant in common, those assets will need to be probated in order to transfer them from the decedent to the names of the decedent’s heirs or beneficiaries. Probate typically occurs in the County where…
Although California’s eviction moratorium has expired, a handful of cities/counties, including Oakland, California, still have moratoriums in place that prohibit most residential evictions within the city or county borders. Here is an overview of the eviction protections afforded by Oakland’s Eviction Moratorium. Who Is Covered By Oakland’s Residential Eviction Moratorium? Oakland’s Eviction Moratorium applies to…
Probate is a legal process through which the court oversees the distribution of the decedent’s assets according to his or her Will, or applicable law when there is no Will. There are ways to avoid the time and expenses associated with a probate proceeding. Here are the most common ways to transfer ownership of an…
Probating a California estate can be challenging for estate administrators or executors who are unfamiliar with the process. The degree of difficulty in completing probate typically depends on the size and nature of the assets to be administered, the number of parties involved in the process, and whether there are disputed issues among the parties….
In 2019 the California legislature enacted California’s Tenant Protection Act (TPA) of 2019. In addition to limiting annual rent increases for much of California multi-unit residential properties, the TPA requires “just cause” to evict tenants in place for 12 months or more. Here is a synopsis of the TPA, and a breakdown of those properties…