Can You Contest a Will in California?
Contesting a will can be an emotionally charged and legally complex process. It involves legally challenging the validity of a deceased person’s will. If you believe that a loved one’s will doesn’t accurately reflect their true intentions, or if there are legal concerns, you may have the right
Real Property vs Personal Property in California
In California, property law distinguishes between two main types: real property and personal property. Real property refers to land and anything permanently attached to it, like homes or buildings (Civ. Code § 658). When people think of property, they often picture a house or a piece of land,
How To Form a Business Partnership in California
A business partnership is a legal relationship formed between two or more people to operate a business and share its profits. It can be a great option for entrepreneurs looking to pool resources and expertise. In California, partnerships are popular due to their flexibility, but it’s important to
Inherited Property with Multiple Owners
When a loved one passes away and leaves a property behind, it’s common for multiple beneficiaries—often siblings—to inherit it. While this may seem like a straightforward process, sharing ownership of an inherited home can quickly become complicated. Differing opinions, emotional connections, and financial interests can lead to challenges
The Pros and Cons of Business Partnerships
Starting a business is an exciting venture, and one of the most critical decisions you can make is whether to go at it alone or bring in a business partner. A business partnership is a legal arrangement where two or more people share ownership, resources and responsibilities to
Do You Pay Inheritance Tax On a Trust in California?
Inheritance tax laws can be complex and vary from state to state. No, California does not have a state inheritance tax. However, there are other tax implications to consider when inheriting assets from a trust. At Stone & Sallus, we’ll guide you through the complexities of these tax
How to Dissolve a Partnership in California
Partnership dissolution officially ends the business relationship between partners. Whether due to retirement, disputes, or changing business goals, understanding how to properly dissolve a partnership can help avoid future disputes and liabilities. Reasons for Dissolving a Partnership Partnership dissolution means officially ending the business relationship between partners. There
What Is a Partition Referee in California?
A partition referee is a neutral third party appointed by the court in a partition action. In California, when co-owners of a property cannot agree on how to divide or sell their property, a partition action can be filed in court. The partition referee plays a crucial role
Does California Penal Code Section 496 Apply to Business Disputes?
The recent California Supreme Court ruling clarified that Penal Code Section 496, which addresses receiving stolen property, also applies to business disputes. This ruling is significant because it means businesses can now pursue civil remedies if they can prove that the property involved in a dispute was stolen.
How to Be Successful In Quiet Title Action in California
Many property owners feel lost when it comes to quiet title actions. In simple terms, a quiet title action is a legal process to resolve ownership disputes and clear up property title issues. It is often initiated when there are conflicting claims to a property, such as boundary
How Does the Process of a Partition Sale Differ from a Foreclosure Sale?
Partition sales happen when co-owners of a property decide to sell it due to disputes or disagreements. Foreclosure sales, on the other hand, occur when homeowners fail to make mortgage payments, leading lenders to sell the property to recover their loan. Understanding the differences between these two processes
What Can I Do If My Business Partner Is Taking Company Funds?
Trust forms the cornerstone of any successful business partnership. However, there are unfortunate instances where this trust is shattered, particularly when a business partner engages in the clandestine act of misappropriating company funds. Discovering such deceit can be disheartening and overwhelming. You may find yourself wondering, “What do
Termination of a Franchise Agreement
Franchise agreements are contracts between a franchisor, who owns the brand, and a franchisee, who operates a business under that brand. They outline the terms of the partnership, including rights, responsibilities, and obligations. Understanding termination clauses in these agreements is crucial. These clauses specify the conditions under which
What is the Uniform Partition of Heirs Property Act?
The Uniform Partition of Heirs Act is a legal framework designed to address the fair division of inherited properties among heirs. It came into effect to streamline the process of property partitioning, ensuring clarity and fairness in such cases. A partition action refers to the legal process of
What Happens if You Breach a Contract to Purchase a Business?
Understanding contract breaches is crucial, especially when buying a business. When agreements are broken, there are consequences. Breaking a contract to buy a business can lead to big money losses and legal troubles. It’s important to understand these consequences well to handle business deals right. It can cost
Can My Business Partner Push Me Out?
Entering into business partnerships often begins with a sense of excitement and hopefulness. People team up, pooling their resources and ideas, believing that together they can achieve great things. However, there’s a worry that lurks in the background: the fear of being sidelined or pushed out by a