Meissner Ruggles Thompson, Inc. 2026-07-01T06:18:04Z https://www.lawofficeinc.com/feed/atom/ WordPress /wp-content/uploads/sites/1402700/2024/01/cropped-Original-Logo-Symbol-32x32.png by Edward Smith https://www.lawofficeinc.com/?p=255984 2025-11-17T16:13:25Z 2025-11-17T16:13:25Z

by Edward Smith https://www.lawofficeinc.com/?p=255972 2025-11-06T20:16:28Z 2025-11-06T20:16:28Z

Why Co-Ownership Can Lead to Conflict Imagine you inherit a house with siblings or other relatives. You didn’t choose to co-own this property, and now you’re sharing responsibilities like:

• Paying property taxes and insurance
• Covering maintenance and repairs
• Deciding whether to rent or sell the property

Maybe one co-owner lives in the home rent-free, while another wants to sell their share to access cash. These situations can quickly become tense—especially when people have different financial needs or priorities. What Are Your Options? If you’re in this situation, the first step is to try to work things out. Here are some common solutions co-owners might consider:

1. Buyout – One co-owner buys out the others.
2. Sell to a third party – Everyone agrees to sell the property and split the proceeds.
3. Divide responsibilities – Co-owners agree on how to share costs and benefits.

But what if no one can agree? Enter the Partition Action California law says no one can be forced to co-own property forever. If you want out, and the other co-owners won’t cooperate, you have the right to ask the court to step in. This is called a Partition Action. Under California Code of Civil Procedure Section 872.010 and onward, a Partition Action allows a co-owner to ask the court to:

• Order the sale of the property
• Divide the proceeds fairly among the owners
• Resolve disputes about costs, reimbursements, and ownership shares

In some cases, the court may even require the uncooperative co-owner to pay your legal fees (see Section 874.040). When Should You Consider a Partition Action? Before going to court, it’s wise to try negotiating. Ask yourself:

• Can someone buy out my share?
• Can I buy out theirs?
• Can we agree on a fair sale price?
• Are we aligned on how to split costs and profits?

If the answer to most of these is “no,” a Partition Action may be your best option. Final Thoughts Co-owning property—especially when it’s inherited—can feel like being “married” to someone you didn’t choose. If you’re dealing with difficult relatives or co-owners who won’t treat you fairly, you don’t have to stay stuck. Our firm specializes in both probate and real estate law, and we’re here to help you navigate these challenges. With the new probate thresholds under Assembly Bill 2016, we expect many more Californians to find themselves in co-ownership situations. If that’s you, and you’re ready to explore your options, we’re here to guide you. Edward A. Smith, Esq.]]> by Jennifer Rouse https://www.lawofficeinc.com/?p=255841 2025-02-20T17:55:17Z 2025-02-20T17:55:17Z

Full name, date of birth of minor, and place of birth

Addresses for the following people:

Where the minor is currently residing and for the past five years The minor’s father The minor’s mother The minor’s maternal grandfather (mother’s father) The minor’s maternal grandmother (mother’s mother) The minor’s paternal grandfather (father’s father) The minor’s paternal grandmother (father’s mother) All of the minor’s siblings, including half-siblings

• Whether the minor is a member of an Indian tribe, if so, which tribe
• Whether the minor is receiving public benefits (TANF, Social Security, VA benefits) and how much each month
• Whether the minor has been involved in a court matter such as a divorce proceeding

If you have been nominated and need to petition the court to be appointed as a guardian of either the estate or person of a minor, contact us and we can assist you with that process.]]> by Mauriah Conway https://www.lawofficeinc.com/?p=255839 2025-02-11T17:48:44Z 2025-02-11T17:48:44Z

Draft a Cohabitation or Property Ownership Agreement A legally binding agreement is a cornerstone of co-ownership for non-married couples. This document can:

• Define each partner’s ownership percentage.
• Outline financial responsibilities, including mortgage payments, property taxes, insurance, and maintenance costs.
• Specify how decisions about selling or refinancing the property will be made.
• Detail a dispute resolution process in case the relationship ends or disagreements arise.

This agreement helps protect both parties and provides clarity in situations where emotions might complicate decision-making. Address Estate Planning Considerations Without a formal plan, the death of one partner can lead to unintended consequences for the surviving partner. Estate planning can ensure that your wishes are honored:

• Joint Tenancy with Right of Survivorship (JTWROS): If the property is held as joint tenants, the surviving owner automatically inherits the deceased partner’s share. This avoids probate but doesn’t account for other heirs who may feel entitled to a portion of the estate.
• Tenants in Common: This structure allows each partner to specify heirs for their share of the property. However, it can lead to complications if heirs decide to sell their portion or demand payment from the surviving partner.
• Wills and Trusts: A will or trust can clarify your intentions for the property and ensure that the surviving partner is protected. For maximum security, consider a living trust that bypasses probate and provides smoother property transitions.

Plan for Death and Heirship Issues If one partner passes away without proper planning, heirs could legally claim the deceased partner’s share of the property. This can create financial and emotional stress for the surviving partner. To prevent disputes:

• Clearly specify property rights in estate documents.
• Purchase life insurance policies to cover the mortgage or buy out heirs if necessary.
• Establish a written agreement addressing how the property will be valued and divided in the event of one partner’s death.

Handle Mortgage and Income Disparities Differences in income or credit scores can complicate mortgage arrangements. Here are some strategies to address these challenges:

• Co-Borrowing: Both partners can apply for the mortgage together, combining their income but also sharing equal liability.
• Single Borrower: If one partner has a stronger financial profile, they can apply for the mortgage alone. However, this may create tension if the other partner feels excluded.
• Fair Contribution Agreements: Document how mortgage payments and down payments will be divided. For example, if one partner contributes a larger share, the agreement can reflect a proportional ownership split.

Paying Bills and Managing Ongoing Expenses Non-married couples should also agree on how they will handle day-to-day expenses related to the property. Common approaches include:

• Setting up a joint account for housing-related expenses.
• Splitting costs proportionally based on income or ownership percentage.
• Keeping a detailed record of contributions to avoid disputes later.

What Happens if You Break Up? While it’s hard to imagine the end of a relationship at the beginning of a home purchase, planning for this possibility is essential. The cohabitation agreement should address:

• Whether one partner can buy out the other’s share.
• The timeline and process for selling the property.
• How to handle shared equity and closing costs.

Seek Professional Guidance Co-owning property as a non-married couple requires careful legal, financial, and estate planning. Consulting with professionals—such as real estate attorneys, financial advisors, and estate planning experts—can provide peace of mind and protect your investment. Conclusion Purchasing a home as a non-married couple is a significant milestone that comes with unique challenges. By taking the time to create clear agreements, plan for the future, and address potential risks, you can build a stable foundation for your shared home and relationship. Thoughtful preparation today can prevent misunderstandings, disputes, and financial hardships down the road. Contact Mauriah Conway, Esq. to assist you with all of your Estate Planning, Probate and Trust Administration Needs [nap_phone id="LOCAL-CT-NUMBER-1"]. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance specific to your situation.]]> by Jennifer Rouse https://www.lawofficeinc.com/?p=255837 2025-01-30T16:57:52Z 2025-01-30T16:57:52Z

by Jennifer Rouse https://www.lawofficeinc.com/?p=255835 2025-01-23T19:01:15Z 2025-01-23T19:01:15Z

Godoy v. Linzner ((2024) __ Cal.App.5^th ____, cite as B330725) that a handwritten amendment to a trust was void as an unreasonable restraint on alienation under Civil Code Section 711.  The settlor, the person who created the trust, used an attorney to draft her trust.  The original trust included a provision that the settlor’s residence be retained in trust for the settlor’s three children for a minimum of five years following her death and that if or when the property was sold, that the trustee consider selling it to a family member.  The key to this provision in the original trust was that these requirements were not mandatory and compliance was in the trustee’s discretion. One year later, the settlor executed a handwritten amendment to her trust requiring that a child keep their interest in the real property for the remainder of their lives or if they wanted to sell it, they HAD to sell it to their other siblings for no more than $100,000.  When the settlor died, the real property was worth more than a million dollars.  If you were one of the three children, would you sell your $330,000 plus interest in the property for only $100,000 to a sibling?  Maybe not, so then you were stuck co-owning the property with your two siblings because the trust required that you retain it for the rest of your life. As mentioned above, the Court of Appeals determined that the settlor could not control the ownership or the sales price of her residence from the grave and found that the terms in the handwritten amendment were a restraint on alienation.  You can imagine that for this issue to get to the Court of Appeals, it took many years of litigation to conclude that the handwritten amendment was not valid. The takeaway from this case for attorneys is that you have a duty to tell your client that their idea is bad.  And the takeaway for a client drafting their estate plan is to listen to their attorney when they tell you that your idea is bad.  ]]> by Mauriah Conway https://www.lawofficeinc.com/?p=255833 2025-01-14T18:58:03Z 2025-01-14T18:58:03Z

Failure to Provide Complete and Accurate Information

An estate plan is only as effective as the information it is based upon. Incomplete or inaccurate information about your assets, liabilities, family structure, or personal wishes can lead to confusion, disputes, or even the invalidation of your plan. Common Pitfalls:

• Omitting key assets, such as recently acquired property or digital accounts.
• Failing to disclose debts or liabilities.
• Overlooking changes in family relationships, such as marriages, divorces, or births.

How to Avoid This Mistake:

• Conduct a comprehensive inventory of your assets and liabilities, including retirement accounts, real estate, and digital assets.
• Regularly update your estate plan to reflect life changes or new information.
• Work with an experienced estate planning attorney who can ensure all necessary details are accounted for.

2. Lack of Coordination Among Estate Planning Instruments

Your estate plan likely includes various tools, such as a will, trust, beneficiary designations, and powers of attorney. When these instruments are not properly coordinated, conflicts and inconsistencies can arise. Examples of Issues:

• A beneficiary designation on a retirement account or life insurance policy that contradicts your will or trust.
• A power of attorney agent is authorized to amend your trust when the trust document explicitly prohibits it.
• Overlapping or contradictory instructions across various estate planning documents.

How to Avoid This Mistake:

• Review all estate planning documents and beneficiary designations together to ensure consistency.
• Clearly outline the scope of authority for agents under powers of attorney, particularly when it comes to amending or managing trust assets.
• Consult with a qualified attorney to ensure that all instruments align with your overall estate planning goals.

3. Failure to Account for Blended Family Dynamics

Blended families present unique challenges in estate planning. Failing to address these complexities can result in unintended outcomes, such as inadvertently disinheriting a spouse or children from a previous marriage. Potential Problems:

• Leaving all assets outright to a surviving spouse, who may not provide for your children from a prior marriage.
• Unequal or unclear distributions among biological and stepchildren.
• Overlooking emotional sensitivities and potential conflicts within the family.

How to Avoid This Mistake:

• Use tools such as trusts to provide for your spouse while ensuring assets eventually pass to your children.
• Specify how assets are to be divided among all beneficiaries.
• Communicate your intentions to family members to manage expectations and minimize disputes.
• Work with a professional who understands the complexities of blended families and can guide you in creating a fair and balanced plan.

Conclusion An effective estate plan requires attention to detail, careful coordination, and a deep understanding of your family’s unique circumstances. By avoiding these three critical mistakes—failing to provide accurate information, neglecting to coordinate estate planning instruments, and overlooking the complexities of blended families—you can help ensure your wishes are honored and your loved ones are cared for. Estate planning is not a one-and-done task; it requires ongoing review and adjustment as life changes. Partnering with an experienced estate planning attorney is the best way to navigate these challenges and create a plan that stands the test of time. Contact Mauriah Conway, Esq. to assist you with all of your Estate Planning, Probate and Trust Administration Needs [nap_phone id="LOCAL-CT-NUMBER-1"]. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance specific to your situation.]]> by Jennifer Rouse https://www.lawofficeinc.com/?p=255831 2025-01-09T17:56:11Z 2025-01-09T17:56:11Z

The earning capacity of each party.

The needs of each party.

Each party’s obligations, assets, age, health, and standard of living.

Other factors that the court considers just and equitable.

To enforce the California filial law, Family Code Section 4403 allows only two parties to petition for the support payments:

• The county that is seeking reimbursement for support payment made by its agencies to the parent who has a child who could have paid that support; and
• A parent can petition for a child to support them.

The county’s reimbursement is limited to the payments made by the county above what it is required to pay under Welfare and Institutions Code Section 2000 et seq.  The county is also entitled to reimbursement of attorney’s fees for bringing the petition.  Due to California’s Medi-Cal program, it is very rare that a county will seek reimbursement under the filial laws. If a parent is the petitioner, the court will consider the ability of all the children to pay for the support.  The court has the authority to require one child to pay more than another child based on the child’s ability to make the payments.  A parent can also bring a petition under filial laws to enforce a promise by a child to provide support. While in the almost three decades that I have been practicing in the estate planning, conservatorship, probate arena, I have never seen a filial petition filed, it will not surprise me if we start seeing more as an elder abuse tool.]]> by Mauriah Conway https://www.lawofficeinc.com/?p=255829 2024-12-10T19:25:25Z 2024-12-10T19:25:25Z

Recognizing the Importance of Guardian Nomination: Nominating guardians for minor children is one of the most significant decisions parents can make in their estate plan. It involves selecting trusted individuals who will assume parental responsibilities in the event of the parents' incapacity or passing. By designating guardians, parents ensure that their children are cared for by individuals who share their values and can provide a loving and supportive environment.

Initiating Conversations with Potential Guardians: Visiting family and friends during the holidays presents an ideal opportunity to discuss estate planning, including the nomination of guardians. When broaching this topic, approach the conversation with sensitivity and empathy. Express your trust and confidence in the individual's ability to fulfill the role of guardian, emphasizing the importance of maintaining continuity and stability for your children.

Questions to Ask Potential Guardians: During your holiday visit, consider asking potential guardians the following questions to assess their suitability for the role:

• • Have you considered the responsibilities involved in serving as a guardian for our children?
  • How do you envision incorporating our children into your family dynamic?
  • What are your parenting philosophies and values?
  • How would you handle potential challenges or conflicts that may arise?
  • Do you have the necessary resources and support system to care for our children?
  • Are you willing to prioritize our children's emotional, physical, and educational needs?
  • Have you discussed your role as guardian with your own family members and received their support?

4. Facilitating Open and Honest Dialogue: Encourage open communication with potential guardians, allowing them to express any concerns or reservations they may have. It's essential to address any misunderstandings or misconceptions about the responsibilities associated with guardianship and provide reassurance and clarity where needed. By fostering a supportive and collaborative environment, you can ensure that all parties are on the same page and committed to the well-being of your children.
5. Documenting Your Wishes: After discussing guardianship arrangements with potential candidates, it's crucial to formalize your decisions in your estate planning documents. Or in the alternative revise the documents you already created. Work with your estate planning attorney to draft a comprehensive guardianship nomination that reflects your preferences and intentions. Review and update these documents regularly to accommodate any changes in circumstances or preferences.

Conclusion: As you gather with family and friends during the holidays, take the opportunity to discuss estate planning and nominate guardians for your minor children. By approaching these conversations with sensitivity, openness, and clarity, you can ensure that your children's future is secure and that your wishes are honored. Remember that while discussing guardianship may be challenging, it is ultimately a testament to your love and dedication to your children's well-being. Contact Mauriah Conway, Esq. to assist you with all of your Estate Planning, Probate and Trust Administration Needs [nap_phone id="LOCAL-CT-NUMBER-1"]. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for guidance specific to your situation.]]> by Jennifer Rouse https://www.lawofficeinc.com/?p=255827 2024-12-05T16:50:32Z 2024-12-05T16:50:32Z

Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064.  Hamlin broadened the class of parties who can bring a trust contest. An initial issue when discussing a trust contest is whether someone has “standing” to bring the contest which is a requirement to file a petition with the court.  The theory of requiring standing is to limit claims by people who truly have no interest in the trust. While the Probate Code can limit the persons who are entitled to bring a claim, case law can broaden or limit the list of individuals (or entities). This can be seen in the Hamlin court’s definition of standing which differs from the parties named in Probate Code Section 17200 who can bring a petition under that section.  That Probate Code Section is a common one used to bring trust contests, and it states that only “a trustee or beneficiary of a trust may petition the court.”  However, Hamlin defines standing as a party who has a beneficial interest in the conflict and has a concrete, actual right, or interest that can be affected by the action (105 Cal.App.5th at p. 1074).  The key difference now is that any interested person can bring a trust contest.  The Probate Code defines “interested person” in Section 48 and that definition is similar to the definition in Hamlin. The Hamlin case involves a decedent who executed a trust close to her death that named a non-relative as the trustee and sole beneficiary.  The decedent’s sisters, her only family members, were not named at all in the trust and they contested it.  The non-relative, who was the trustee and sole beneficiary, claimed that the sisters did not have standing to contest because they were not a trustee or beneficiary as stated in Probate Code Section 17200.  The court, using the definitions discussed above regarding interested persons, found that the sisters in their capacity as heirs – the closest blood relatives to the decedent – did have standing to contest the trust.   The reasoning discussed that elsewhere in the Probate Code, heirs have rights such as under Probate Code Section 16061.7 where an heir is entitled to receive a trustee’s notice when a trust becomes irrevocable even when they are not a beneficiary. In situations where there has been actual undue influence by a party to be named as a beneficiary of a trust, it does make sense to allow those who would have been entitled to a distribution to bring a trust contest.  But this holding could open the door for more litigation by heirs that a decedent truly does not want to receive a distribution.  Based on this holding, if I have a client who strongly believes that an heir will contest the trust upon my client’s death, I may suggest that they give something to that heir as an incentive to not bring a contest.  This will force that beneficiary to consider the risk of bringing a contest and not receiving that gift.  I can guarantee you that the amount I suggest my client to give to that person will be more than a dollar!]]>