Homeowner’s Exemption in California

Tax & ExemptionsCalifornia, Exemption, Homestead Exemption, Judgment Creditor, Property tax

Homestead Exemption rules in California provide homeowners with a reduction in assessed value and protection for home equity from judgment creditors. The California Constitution provides for a Homeowners’ Property Tax Exemption which is a $7,000 reduction of the taxable value of your principal residence. Upon qualification, this can amount to a cost saving of approximately $70 each year on your property taxes. In addition to this cost savings, the primary benefit is the protection it provides from a judgment creditor. For statutory homestead exemption amounts, see California Code of Civil […]

What Is Probate

Trusts & EstatesEstate, Probate, Real Property Transfer, Trust, Will

In simplified terms, probate is the legal process of settling the financial affairs of a deceased individual after they die via court supervision; i.e. the distribution of their assets and payment of their debts. On average, probate in California takes about twelve to eighteen months. However, if problems arise, the process can much longer. The Will:Often, this entire process pivots on the existence of a Will, if it can be located, its contents, and its validity will dictate the parties and actions to be taken. In short, a Will is […]

Recovering Attorney’s Fees in California

Legal GuidesAttorney Fees, Church Real Estate, Contract, Legal Costs, Litigation

As a general rule in California, whether you prevail at trial or otherwise, all parties to litigation are responsible for their own attorneys’ fees. Considering that ultimate financial sum at stake, whether you are the plaintiff or defending yourself against a frivolous lawsuit, the costs of attorney’s fees must be taken into consideration as they are often the driving force in making litigation decisions. Statute:In a traditional civil suit, attorney’s fees are not recoverable against the opposing party unless they are provided for by statute or by contract. Often, the […]

Statute of Frauds in California Real Estate

Legal GuidesCalifornia Civil Code, Real Estate Contract, Statute Of Frauds, Written Agreement

Dating back to 17th century England, the Statute of Frauds was enacted to fraud between parties wherein one had an obligation to the other. In short, it required certain obligations be in writing and signed by the person for whom enforcement of the contract will be sought. Now enacted by statute in all fifty states, the Statute of Frauds minimally applies to the sale of goods worth at least $500, marriage, repaying the debts of others, any agreement that takes more than a year to complete, real estate. For our […]

Unincorporated Associations

Church Formation & GovernanceChurch Formation, Entity, Liability, Nonprofit, Unincorporated Association

Not every church incorporates. Learn how unincorporated associations work in California, including liability risks, tax-exempt eligibility, and when forming a corporation makes more sense.

Property Tax Assessment Appeals

Tax & ExemptionsAd Valorem Tax, Assessment Appeal, Board of Equalization, Church Property Tax Exemption, Property tax

Think your property’s assessed value is too high? Learn how California’s appeal process works, key deadlines, and what evidence actually holds up before an Assessment Appeals Board.

Lot Line Adjustments and Splits in California

Property & Land UseLegal Description, Lot Line, Parcel, Subdivision, Subdivision Map Act, Survey

Confused about lot line adjustments vs. lot splits? Learn the key differences, when each applies under California’s Subdivision Map Act, and what a Certificate of Compliance really means for your property.

Public Hearings

Property & Land UseChurch Real Estate, Conditional Use Permit, Land Use, Public Hearing, zoning

Whether there is a change in the use of the property regarding zoning or code variance, a redevelopment of the structures such as the construction of residential units such as a Planned Development, the need to apply for a Conditional Use Permit and/or meeting other governmental land use requirements, it often becomes necessary for a governmental public hearing to be held. In its most simplistic terms, a public hearing is an open gathering of officials and citizens, wherein citizens are permitted to offer testimony or comment before significant decisions are […]

Copyright Laws for Churches

Legal GuidesChurch Real Estate, Copyright, Dramatico-Musical, Fair Use, Hymnal, Infringement, Landlord, Licensing Rights, Original Works, Public Domain, Reproduced, Tenant

It is probably fair to say they nearly every religious service plays music or sings songs that they did not write. In today’s digital world, information can be obtained from the internet such as music, lyrics, graphics, and pictures with ease. In doing so, few if any think of the possible ramifications of infringing upon the copyrights of another. What follows is a brief synopsis of the rules of law which pertain to the use of copyrighted materials during church services and may not apply to Sunday School or other […]

The 600 MHz Wireless Microphone Band: What You Need to Know

Church Safety & ComplianceChurch Real Estate, Landlord, Tenant, wireless microphone

600 MHz wireless microphone band regulations have changed significantly in recent years, and understanding these FCC rules is essential for anyone using wireless audio equipment. The FCC has issued new rules which take effect on July 13, 2020, that will require you to cease the use of wireless microphones that operate in the 600 MHz service band. This may result in some equipment changes for churches, schools, and other users of such devices. Background: To meet the increasing demand for wireless broadband services nationwide, the FCC recently auctioned spectrum that […]

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