Tag Archives: Parcel

Conflict of Interest Policy

A conflict of interest refers to a situation where an individual or entity has competing interests or obligations that could potentially compromise their impartiality, objectivity, or ability to make decisions in the best interest of another party. It occurs when personal, financial, professional, or other interests conflict with the duties, responsibilities, or obligations the person or entity holds. Types of Conflicts: Conflicts of interest can undermine trust, transparency, and fairness in decision-making processes. Organizations and individuals often establish conflict of interest policies and procedures to identify, disclose, and manage conflicts […]

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Land Trust

In California, a land trust refers to a legal arrangement where real estate property is transferred to a trust for management and administration. Land trusts in California are typically established for purposes such as privacy, asset protection, and estate planning. When a property is placed into a land trust, legal title to the property is held by the trustee of the land trust, who manages the property on behalf of the beneficiary. The beneficiary retains all of the benefits of owning the property, such as the right to occupy or […]

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Private Cemeteries

Occasionally, we work with a church that has its private cemetery dedicated on its property and is looking to sell. Although not always the case, these cemeteries usually consist of cremated remains. Public vs. Private: Most people know a cemetery when they see one, but the California Health and Safety Code defines a Cemetery as either of the following: Ownership Transfers: When transferring ownership of a private cemetery, fifty percent or more, the Cemetery and Funeral Bureau in the Department of Consumer Affairs must be notified and provided with the […]

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Service Animals

Service animals are protected under the Americans with Disabilities Act (ADA), which ensures equal access and reasonable accommodation for individuals with disabilities in public places, including places of worship. As a general principle, service animals are permitted in public places such as restaurants, stores, and hotels as service animals are exempt from locations with no-pets policies. In some instances, a service animal may be excluded if it is not under control, poses a direct threat to the health or safety of others, or is not housebroken. However, such exclusions are […]

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Perfecting Mechanic Liens

The mechanics lien is a powerful legal tool that provides a security interest in the property itself. If the property owner fails to pay the amount owed, the lien gives the claimant the right to enforce the lien through a foreclosure process, whereby the property may be sold to satisfy the debt. A mechanics lien in California is a legal claim placed on a property by contractors, subcontractors, or suppliers who have provided labor, materials, or services for the construction or improvement of that property but have not been fully […]

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Simplified Probate

Probate is the legal process of administering a deceased person’s estate. It involves identifying and gathering the assets of the deceased person, paying any debts or taxes owed by the estate, and distributing the remaining assets to the heirs or beneficiaries. In General:Probate typically begins with the filing of a petition in the probate court, usually in the county where the deceased person lived. The court will then appoint an executor or administrator to manage the estate. If the deceased person had a will, the court will generally appoint the […]

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Banking Beneficiaries

Bank account beneficiary rules govern the designation of individuals or entities who will receive the funds in a bank account upon the account holder’s death. The specific rules and procedures can vary depending on the jurisdiction and the type of bank account involved. Trust Account:A type of bank account held within a living trust, also known as a revocable trust or inter vivos trust. The account is established in the name of the trust, and the trustee has the authority to manage and control the funds in the account on […]

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HIPAA

The Health Insurance Portability and Accountability Act, “(HIPAA”) is a federal law enacted in 1996 to provide privacy and security protections for patients’ medical information. The primary purpose of HIPAA is to ensure the confidentiality and integrity of personal health information (PHI) while allowing for the flow of health information needed to provide quality healthcare and for other important purposes, such as healthcare operations and research. Covered Entities:HIPAA sets standards for the protection of PHI and applies to covered entities, which include healthcare providers, health plans, and healthcare clearinghouses. It […]

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RLUIPA

As a result of Congressional Hearings wherein Congress found that churches, particularly those of minority religions and start-up churches, were disproportionately affected, and often were actively discriminated against, by local land use decisions. Furthermore, it was determined that zoning authorities were frequently placing excessive burdens on the ability of congregations to exercise their faith in violation of the Constitution. This resulted in the passing of the Religious Land Use and Institutionalized Persons Act (RLUIPA) to protect religious institutions from unduly burdensome or discriminatory land use regulations. Purpose: RLUIPA provides that […]

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California Proposition 19

Effective April 1, 2021, Proposition 19 provisions potentially affect the former base year value transfers for persons age 55 and over that were added by Propositions 60 (1986) and 90 (1988). California Proposition 19, also known as the “Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” was a ballot measure that was passed in November 2020. Proposition 19 made several changes to property tax rules in California. Under Prop 19’s base year value transfer provision, if the transfer of taxable value is to a replacement primary […]

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