May 2017 Archives

Does a tenant have rights if the residence is foreclosed upon?

Tenants are sometimes caught in the middle if the property is foreclosed upon in California. They might have a legal lease and the right to stay in the dwelling, but the situation is muddled because the landlord is facing foreclosure. People are frequently concerned about what to do in such a circumstance. This is a special situation when it comes to eviction and those who are confronted with it must be aware of their rights.

Understanding how trusts can help when incapacitated

Drafting estate planning documents is an important part of having the proper plans in place for the future, especially in the event of becoming incapacitated. Many people harbor a fear of what will happen to them and their assets without the protection of certain types of trusts. A living trust is useful in such a circumstance. Knowing its intricacies is integral to deciding if it is the right alternative. A person who is his or her own trustee should have a successor trustee in the event of incapacitation. If there is no living trust, another person would have to manage the assets.

What responses might a tenant give to an unlawful detainer?

Landlords in Bakersfield and throughout California are often painted as the villain when they are well within their rights to remove a tenant from a property. This is an ingrained notion within society that the landlord who seeks an eviction is simply greedy and wants to treat a vulnerable tenant unfairly. This is not the case. The reality is that a landlord has numerous justifications to remove a tenant from a property. What is key to one of these cases is when there is an unlawful detainer filing and the tenant issues a response.

Vigilant planning could help avoid estate issues

Though you undoubtedly know that having some sort of estate plan benefits you more than having no plan at all, you may also want to ensure that the decisions made relating to your plan work best for your circumstances. Exploring the various documents, tools and other helpful aspects of planning can allow you to understand the different choices you could make to tailor your plan to your specific needs and desires. Of course, you may also want to understand potential mistakes that could impact your plan.

Can an estate avoid probate court?

With a California estate plan, there are often questions as to whether it is necessary to go to probate court or if the case can be settled using simplified procedures. This is true when during the estate planning process and after the testator has died. As with most legal issues, this depends on the situation. There are certain factors that will determine the need to head to court. The amount of money that is in the estate, what kind of property there is, and the person or persons who are claiming the property will all factor in.