California Partition Law Blog
In determining the value of property, a property owner can seek out a broker’s opinion of value. A broker’s opinion of value, also caller a broker’s price opinion is an assessment of a property’s value. This assessment is done by a real estate broker, often for free to get the property owner’s business.
Broker’s Opinion of Value
A broker’s price opinion is often considered a personal opinion, not a representation of fact. So, it is a cost-effective way to determine value but cannot be relied on to get a loan. The price opinion covers anything that is an estimate prepared by a real estate broker, agent, or salesperson detailing the probable sales price of a price of property. The price opinion will provide a varying level of detail about the property’s condition, market, neighborhood, or comparable sales. (12 U.S.C. § 3355(b).) A broker’s price opinion will not include an automated valuation model. (12 U.S.C. § 3355(c).) An automated valuation model is a computer program that offers an estimated property value on searched properties commonly used on online real estate marketplaces. Federal statute dictates a broker’s price opinion cannot be used as the primary basis to determine a property’s value for originating a mortgage loan secured on a piece of property. (12 U.S.C. § 3355.) So, while a broker’s price opinion cannot be the basis for a loan, their opinion is still valuable. As such, brokers are held to a higher standard of care.
In California, the typical trust administration takes between 12 to 18 months to complete. The process can take significantly less time, ranging between 4 to 5 months, when distribution terms are straightforward. Oppositely, the distribution time frame can also take longer than 18 months depending on factors, like outstanding debts or real estate sales, which can cause significant delays in the distribution process. Ultimately, the asset distribution timeline relies heavily on the complexity of the estate and the trustee’s ability to carry out the trust’s terms.
California businesses are required to register with the Secretary of State to legally conduct business in the state. The specific requirements a business must meet when registering with the Secretary of State vary depending on the type of business, but all businesses, regardless of type are required to file a Statement of Information. If the registering business is a Limited Liability Company, Corporation, or Limited Partnership, its Statement of Information will appear in public searches on the California Secretary of State Website. The California Secretary of State’s public business search platform is intended to ensure uniform legal compliance of all businesses operating in California while providing free public access to the information. 
Discovery is an important tool for parties in a lawsuit to get information to prepare for trial and to decide what issues to focus on in a case. In California, the rules governing discovery are laid out in the Civil Discovery Act in Title 4 of the Code of Civil Procedure. These discovery rules apply to civil lawsuits and special proceedings of a civil nature (Code Civ. Proc. § 2035) Probate proceedings are special proceedings, so these discovery procedures are equally applicable. (Estate of Joseph (1897) 118 Cal. 660, 663.) This is important because it allows parties to use deadlines and other discovery tools to their advantage in a probate proceeding.
Probate sales are a unique real estate opportunity for buyers to purchase real property from the court after its owner died. 
In California, title is determinative in some instances. This means that a court’s characterization of property in a marital dissolution proceeding determines the division of the property between spouses. How a property is titled may also affect the property’s protection from creditors, taxes, and the probate process. Understanding how and when title is determinative is important because married individuals may hold title in various forms affecting their interests in dissolutions.
In today’s world, where authenticity and legality are very important, notarizing documents is a crucial step in many legal transactions. Whether you’re finalizing a real estate deal, creating a will, or signing a power of attorney, having your documents notarized adds an extra layer of assurance that they are legitimate and binding. If you’re in California and need to notarize a document, this step-by-step guide will walk you through the process.
A trust set up for property gives beneficiaries a right to the property once the settlor has passed away. This means beneficiaries may become co-owners. However, the trustee may also hold an interest in the property as well. If the trustee is a co-owner of the property, they can file a partition suit. This is important if you are interested in filing a partition suit either as a trustee or co-owner of a property where the trustee holds an interest. 
The purpose of this article is to explain what an elder abuse restraining order is and why it is important. This type of restraining order prevents abuse against elder or dependent adults. (Cal Wel. & Inst. Code § 15657.03(a)(1).) The requirements to obtain this restraining order are laid out in the California Welfare and Institutions Code.
Motions in Limine are designed to facilitate case management before trial starts because taking a case to trial is an extremely evidence intensive process. Understanding how you can use Motions in Limine to protect and strengthen your case before trial starts is an important step to preparing your strongest case.