Law Offices of Lawrence H. Jacobson A Professional CorporationCalifornia Expert Witness | Expert Testimony | Consultant for Real Estate & Malpractice2026-10-23T16:58:34Zhttps://www.lawrencejacobson.com/feed/atom/WordPress/wp-content/uploads/sites/1103263/2021/05/cropped-LHJ-siteicon-512px-transparent-32x32.pngOn Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[What happens if an executor cannot (or will not) serve?]]>https://www.lawrencejacobson.com/?p=489312026-10-23T16:58:34Z2026-10-23T16:58:34ZBeing the executor of someone’s estate is an honor – but it’s also a really big responsibility and a lot of work. Sometimes, the person chosen either can’t or won’t take on the role.
Sometimes, the problem doesn't even arise until after the executor has already started handling the estate. They may also pass away, have a health crisis or simply get overwhelmed. What happens then? Fortunately, California law provides ways to appoint someone else so that the estate can still be settled.
When the named executor cannot serve
Nobody is required to accept the role of executor simply because they're named in someone's will. If the person declines, the first step is to review the will to see whether an alternate executor was named.If there is no alternate named or willing to serve, the probate court can appoint someone else to handle the estate as an “administrator.” Generally speaking, the court will look first to close family members to see who might be qualified to serve before turning to public administrators, and California law establishes specific priorities for these appointments.
What if the executor has already been appointed?
Things become more complicated when an executor accepts the responsibility but then fails to perform their duties. An executor might neglect to pay estate debts, refuse to communicate with beneficiaries or allow property included in the estate to deteriorate due to neglect.Under California Probate Code § 8502, an executor can be removed for several reasons, including mismanagement, waste, theft, simple failure to perform their duties, incapacity or conduct that poses a danger to the estate or its beneficiaries.If an interested party petitions the probate court for their removal, the court will consider the evidence and decide whether removal is justified. A successor can then be appointed to continue administering the estate.
Does this mean the estate will be delayed?
Changing executors can create delays, particularly if the original executor has already taken control of estate assets or failed to maintain proper records. However, the executor's inability or refusal to serve doesn't invalidate the will or prevent the estate from being settled. Prompt legal guidance can help.
]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[What does real estate agent malpractice look like?]]>https://www.lawrencejacobson.com/?p=489282026-10-15T22:44:36Z2026-10-15T22:44:36Znot always what happens.
Real estate agents have certain legal and ethical obligations to their clients. When an agent doesn’t uphold their obligations, that failure may amount to professional negligence (malpractice).
Common examples of real estate agent negligence
When an agent fails to exercise reasonable care or violates the fiduciary duty owed to a client, they may be liable for any resulting financial losses. Some examples of real estate agent malpractice might include:
Failing to disclose known problems: An agent trying to offload a problematic property may fail to disclose to a buyer things like serious water damage, structural defects, foundation issues, mold, infestations or other material issues with a property that are part of required disclosures.
Misrepresenting a property: Sometimes an agent doesn’t just omit information about a property that could affect its value or marketability but actively chooses to give buyers inaccurate information. Other times, inaccurate data is conveyed through sheer carelessness. Information about a home's square footage, boundary lines, zoning restrictions or other important details can all influence a buyer's decision.
Missing critical deadlines: Real estate contracts all have deadlines. Inspections, financing and other contingencies all have to be done on time. An agent's failure to communicate those deadlines or adhere to them could cost a client their deposit or other legal issues.
Failing to convey offers: An agent may think an offer is too low, but they still have an obligation to communicate that offer to the seller. If they do not, that can cause the seller to miss their chance.
Concealing conflicts of interest: Your real estate agent is supposed to have your best interests at heart. They may not be able to do that if their loyalties are divided due to financial or personal relationships with other parties involved in the deal.
Failing to follow instructions: An agent who disregards a client's instructions about offers, negotiations or other critical matters may be in violation of their professional obligations.
It’s wise to remember that a poor outcome to a situation doesn’t automatically mean that an agent was negligent. Generally speaking, to have a professional negligence claim succeed, you must show that your real estate agent owed you a certain duty of care, breached that duty and caused you actual financial damages as a result.
Real estate agents aren't expected to guarantee a perfect transaction – but they are expected to uphold certain standards. An attorney can help you understand if you have grounds upon which to file a related claim.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[5 strategies to negotiate repairs to avoid legal disputes]]>https://www.lawrencejacobson.com/?p=489262026-10-15T14:00:18Z2026-10-15T14:00:18ZPut every agreement in writing
Verbal agreements are hard to enforce in court. Always document repair terms in a clear, written agreement. In California, home improvement contracts exceeding $500 in labor and materials must be in writing and include specific legal disclosures. A written record establishes clear expectations for both parties. It also provides strong legal protection if a dispute arises later.
Know your rights under California law
The state provides meaningful protections that can work in your favor during repair negotiations. For example, landlords must maintain rental units in habitable condition. Sellers must also disclose known property defects to buyers.
If a landlord fails to address habitability defects after receiving reasonable notice, tenants may deduct repair costs from rent up to one month's rent. Tenants may only use this remedy twice within a 12-month period. These legal requirements directly shape how repair requests are handled.
Set specific repair deadlines
Vague timelines are one of the most common triggers for repair disputes. When requesting repairs, always include a specific completion date. Put the deadline in writing and make sure both parties agree to it. If the other party misses the deadline, a written record makes it far easier to take the appropriate legal steps. A clear timeline protects you from indefinite delays.
Document all damage and communication
California courts rely heavily on documentary evidence in repair disputes. Before any repair work begins, take detailed photos and videos of all damage. Additionally, keep records of every email and text message related to the repair process. A well-maintained paper trail can make a significant difference in the outcome.
Verify all contractors are licensed and insured
In California, contractors must hold a valid license from the Contractors State License Board. An unlicensed contractor can leave you with no legal protection if problems come up. Before agreeing to any repair work, confirm that the contractor holds a valid license.
Their insurance coverage can also protect you from financial liability if something goes wrong during the repair process. This one step can protect you from serious financial and legal exposure.
Keeping repair disputes from becoming legal issues
Real estate issues can escalate quickly when safeguards are not in place. Protecting yourself in a repair dispute starts long before any formal disagreement begins. Following these strategies can give you a strong, informed starting point for resolving issues while minimizing potential legal risks.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[Should you transfer investment property to an LLC?]]>https://www.lawrencejacobson.com/?p=489232026-10-02T18:39:16Z2026-10-02T18:39:16ZAn LLC can provide a useful structure for owning and managing investment properties, such as a rental home or commercial building, particularly if you have co-owners or multiple investments.
Before changing the deed, though, look at the property you already own. A transfer can affect your financing, insurance costs and California property taxes. The potential benefits are real, but the details of the transfer matter.
What are the advantages?
Generally speaking, an LLC helps keep the property’s liabilities separate from its owners’ personal assets. Although it is no substitute for the appropriate insurance coverage, owners often use an LLC to shield themselves in case of lawsuits tied to their rental properties.An LLC can also make it easier to navigate issues with co-owners. An operating agreement can address who manages the property, how expenses are paid, when profits are distributed and what happens if an owner wants to leave. A written agreement can cut down on potential disputes and sources of agitation.
What are the drawbacks?
First, the transfer could trigger a property tax reassessment. California generally excludes a transfer to an LLC when the owners keep the same proportional interests in each property afterward. If the ownership percentages change, that exclusion may not apply. Later sales or gifts of LLC interests can raise separate reassessment questions, even if the original transfer was excluded.An LLC also brings ongoing costs and administration chores. California generally imposes an annual LLC tax, and some LLCs owe an additional fee based on income. Owners also need to maintain the entity and keep its finances organized.Finally, review any mortgage agreements and insurance policies before transferring title. A lender’s loan terms may restrict a transfer, and your insurer needs accurate information about who owns the property. Do not assume those arrangements will carry over automatically when the deed changes.The best answer depends on your ownership goals and the property’s existing obligations. Reviewing all the facts with an attorney can help you decide whether an LLC’s benefits justify its costs and risks.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[What if your life insurance conflicts with your will?]]>https://www.lawrencejacobson.com/?p=488302026-09-16T03:48:18Z2026-09-16T03:48:18ZOne way to help ensure financial security for your family even after you pass away is to buy a significant life insurance policy. For high earners or wealthy families, life insurance policies could reach into the millions of dollars. These are very significant assets, so it is important to consider exactly how the life insurance policy is going to be paid out.
In some cases, there could be a conflict between the life insurance policy and your estate plan. For instance, say that your will says the life insurance payout should be split between your three adult children. At the same time, however, you only named your eldest child through the life insurance beneficiary designation because they were the only one who had been born at the time you purchased the policy. Who will actually receive that payout?
The beneficiary designation takes precedence
In many cases, when there is this type of conflict, it is the life insurance beneficiary designation that determines how the payout will be made. In this case, your eldest child would likely receive the entire payment.The reason for this is that the life insurance company is just following the instructions you gave them. They are not concerned with what you wrote in a will at a later date. So they are going to pay your oldest child, and the money never enters your estate. As such, your will does not govern what happens with it.However, there are cases when the life insurance policy can enter your estate. If you did not name a beneficiary or if the selected beneficiary passed away before you did, for example, the policy will often pay out into your estate. It then gets distributed by your estate plan with the rest of your assets.It can be complex to ensure that all of these different types of documentation work together. Be sure that you are well aware of how to create an estate plan that addresses your family’s financial future appropriately.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[Is a trophy property an investment or a lifestyle asset?]]>https://www.lawrencejacobson.com/?p=488262026-08-28T10:20:04Z2026-08-28T10:20:04ZWhat makes a property a trophy asset?
A trophy property possesses qualities that are difficult to reproduce, such as exceptional acreage, architectural pedigree, panoramic views or historical significance.
Scarcity can contribute to long-term value. A buyer may be able to renovate an ordinary luxury residence, but recreating an exceptional lot, established setting or notable architectural history can be impossible.
Does a trophy home have to produce a financial return?
Traditional investments are usually judged by measurable returns. Trophy properties are different because owners may derive substantial value from using the asset rather than from generating income from it.
An estate may provide privacy for a public figure, space for entertaining business associates or a residence suited to a family's preferred lifestyle. Those benefits are difficult to capture on a balance sheet.
Does a trophy property fit into a wealth strategy?
This depends on the owner's broader financial position and objectives. Someone with a huge exposure to businesses or financial markets may view high-end real estate as another way to hold wealth in a tangible asset. Another buyer may place greater importance on exclusivity and personal use.
Before acquiring or selling a substantial property, it is worth working with financial and legal professionals to help weigh plans that can affect the property's role within a larger wealth strategy.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[Preparing a California family business for the next generation]]>https://www.lawrencejacobson.com/?p=488222026-08-11T09:02:44Z2026-08-12T10:00:23ZA family business can bring people together, but planning for its future can raise difficult questions. Who should lead the company? Who should own it? Should family members have equal roles, even when their experience and goals differ? These questions can become more complex when personal relationships and business interests overlap. Without a clear plan, a change in ownership may create conflict when the family is already dealing with a major transition.
California business owners can use succession planning to prepare for that transition. A thoughtful plan can address who will take over, how ownership will change and what role each family member may have. Planning early also gives owners time to make important decisions before illness, death or another unexpected event forces the family to respond.
What should a family business succession plan cover?
A succession plan should reflect the needs of both the business and the family. The business structure also matters. California businesses may operate as corporations, limited liability companies, partnerships and other entities, and each structure can affect how ownership interests transfer.Owners should consider several key issues:
Leadership: Who has the skills and experience to manage the business?
Ownership: Who should receive an ownership interest after the transition?
Decision-making: How will family members handle major business decisions or disputes?
Buyouts: What happens if an owner wants to leave, becomes unable to work or dies?
Estate planning: How should business interests fit within a will, trust or other estate planning documents?
Ownership and leadership do not always need to pass to the same person. A child may inherit part of the business but have little interest in managing it. Another family member may have strong leadership skills but prefer a different role. A trusted employee may also have the experience needed to run the company without being part of the family.The succession plan should also work with the owner's estate plan. If these plans conflict, the family may face uncertainty about who should receive or manage the business. Coordinating the documents can help create a more consistent plan for the company's future.Ultimately, succession planning involves more than naming the next owner. It requires owners to consider how the business will operate, how family members will participate and what happens when circumstances change.
Give the next generation a clear path
Passing a family business to the next generation can affect both the family's finances and its relationships. Owners who begin planning early have more time to weigh their options, address potential disagreements and prepare for an orderly transition.A California attorney can review the business structure, ownership arrangements and estate planning documents and help develop a succession plan that fits the family's circumstances and long-term goals.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[Protecting your legacy during the Great Wealth Transfer]]>https://www.lawrencejacobson.com/?p=488242026-08-11T22:30:49Z2026-08-11T22:30:49ZEstate plans and family communication are lacking
While nearly every adult should have an estate plan in place – at minimum, a will – too many Americans don’t. One study found that just 57% of the population has a will.
This lack of planning isn’t limited to those with few assets to hand down. Another study determined that over two-thirds of parents 55 and over who have at least $500,000 in investable assets admit that they haven’t discussed inheritances with their children.
How real estate assets can be lost
Approximately $2.4 trillion of that Great Wealth Transfer is in real estate. However, realtors and other housing experts warn that billions of dollars of that won’t get to its intended beneficiaries – or they won’t be able to keep it due to inadequate estate planning.
Oftentimes, people leave homes and other properties to adult children and other relatives without giving enough thought to whether they can afford it. Especially here in California, property taxes and insurance premiums alone are beyond many people’s budgets. If there’s a mortgage or other lien on a property, the beneficiary may not be able to get out from under it. Just maintaining a large property or one in an exclusive area can be costly.
When people inherit property, they can’t afford to maintain or don’t want, they can become the victim of predatory investors. California’s Uniform Partition of Heirs Property Act offers some protection for those who inherit property or land from someone who died without a will (intestate) so that they get a share of the proceeds if it’s sold. However, if it isn’t properly designated as an inheritance, it could be sold for far less than it’s worth.
Finally, a not-insignificant amount of inherited wealth can be lost in legal disputes among families when estate plan documents aren’t clear or don’t exist. At a minimum, lack of clear, codified inheritances can extend and complicate the probate process.
By getting experienced estate planning guidance, drawing up a comprehensive estate plan, keeping it updated and communicating your goals and wishes to your loved ones, you can help your loved ones to avoid the unnecessary loss of the assets you’ve worked hard to build and maintain.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[How should your estate plan handle property in several states?]]>https://www.lawrencejacobson.com/?p=488202026-07-28T06:47:46Z2026-07-28T06:47:46ZWhen you own real estate in several states, your estate plan must account for the laws of each one, not just California. A Beverly Hills home, an out-of-state retreat and an investment property elsewhere can complicate more than travel. Knowing how multistate property moves through an estate helps you control where it lands.
Why out-of-state property may require ancillary probate
Probate is the court-supervised process of settling an estate and passing property to heirs. Real estate you own outside your home state generally falls under the authority of the state where it sits. Your executor may then need to open a secondary state proceeding, known as ancillary probate, before the property can transfer. Not every out-of-state asset triggers this. The requirement usually turns on whether the property is real estate and how it is titled.
How property titles carry the estate plan across state lines
How you hold title decides whether a property follows your estate plan or bypasses it. Property held in joint tenancy with right of survivorship generally passes straight to the surviving owner, whatever your will says. Assets in a trust follow the trust's terms instead. Because titling controls the result, aligning every deed with your broader estate strategy keeps your intentions intact across state lines.
Which ownership structures fit different types of property
Different assets call for different structures. A revocable living trust suits real estate well, since property in a properly funded trust generally avoids probate court, including ancillary probate elsewhere. A revocable trust lets you keep control during your lifetime, while an irrevocable trust removes assets from your estate in exchange for less flexibility. For investment or commercial property, holding title through a limited liability company (LLC) can streamline transfers and may avoid a separate proceeding.
What state-specific rules can change the planning approach
Each state sets its own rules, and those differences can reshape your plan. California is a community property state, so how you and a spouse hold title affects both transfer and taxes. States also vary on estate and inheritance taxes. California imposes neither at present, though a vacation home elsewhere could expose part of your estate to that state's tax. Some states allow a transfer-on-death (TOD) deed that passes real estate to a named beneficiary, while others do not.
When changes in the property portfolio call for another review
An estate plan built around today's property can drift out of alignment as your holdings change. Buying or selling real estate, moving to a new state or inheriting property can each open gaps the original plan never anticipated. Reviewing your plan after any major change keeps titling, trusts and tax strategy working together across every state involved. A plan that moves with your assets protects your wishes better than a patchwork of unfamiliar courts.]]>On Behalf of Law Offices of Lawrence H. Jacobson A Professional Corporation<![CDATA[Negotiating CAM charges for a sustainable commercial lease]]>https://www.lawrencejacobson.com/?p=488182026-07-18T19:57:59Z2026-07-18T19:57:59ZUse should affect obligations
Frequently, landlords use a simple square footage formula to assign each tenant a certain percentage of their total CAM expenses. However, there is an opportunity to negotiate before signing the lease. Square footage does not necessarily correlate to wear and tear on facilities, parking demand or even the use of utilities.
If a business model is likely to generate less damage to the space or to use shared services, such as security and parking infrastructure, less frequently than other tenants in the same building, it may be possible to have a landlord reduce the percentage of responsibility assigned. It may also be possible to negotiate an agreement where the tenant pays a flat amount in CAM charges every month instead of fluctuating amounts depending on the costs the landlord incurs that month.
Negotiating commercial leases can be challenging, even for seasoned business leaders. A lawyer’s support can help executives and owners evaluate commercial leases and secure the best terms possible.
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