The Uniform Partition of Heirs Property Act (“UPHPA”) was signed into law by Governor Gavin Newsom and went into effect on January 1, 2022. This new California partition law dramatically changes how Heirs Property is handled in partition actions. Heirs Property is generally defined as property that is transferred from one generation to another by intestate succession as a result of individuals who failed to make wills or to utilize other advisable estate planning techniques.
The first step is filing the partition action, but what happens next? Once a complaint for partition has been filed with the court, most plaintiffs are eager to get the court to appoint a referee. It is important to remember that it may take some time for this process to be completed.
In this series of blog posts, we are looking at partition actions. Partition referees play an important role in California’s real estate industry. However, not everyone knows what the partition remedy is or how it works. Understanding this useful tool is the first step in utilizing it effectively to solve conflicts and protect client assets.
Imagine this — three siblings have recently inherited their childhood home. It’s a massive asset, and they want to make sure they honor their parents’ wishes and use the value of the home for the betterment of themselves and their families.
As an experienced partition referee, Griswold Law has seen all sides of partition cases. We often receive calls from attorneys initiating partition suits, looking to learn the proper procedure -- or even where to begin.
Health & Safety Receiverships are a valuable tool to reestablish abandoned properties. There are countless vacant lots and abandoned structures across California with no apparent useful purpose. There are just as many countless explanations as to why these commercial and residential properties are abandoned. Abandonment can come at the hands of death (tenant or otherwise), a business or personal relationship gone sour, defunct or bankrupt owners, or simply by owner’s choice. Regardless, the deserted property will likely succumb to disrepair, and as a result, leave behind quite the eyesore for the surrounding community. Beyond the displeasing aesthetic, vacant properties also pose a rather significant danger to the health, safety and welfare of the neighborhood as a whole. Unsecured properties intrinsically create dangers ranging from the deteriorating structure itself to the higher crime rates tied to the vacant property. From a crime perspective, vacant properties often welcome trash dumping, graffiti, vandalism and trespassing. Further, threats arise from overgrown vegetation causing fire-hazards and vermin infestation spreading throughout the neighborhood affecting surrounding residents and businesses. Ultimately, conditions such as these result in neighborhood decline and a drop in surrounding property values. A court-appointed Health & Safety Receiver can provide the remedy abandoned properties and their surrounding neighbors truly need.