10 Nov 2017

Receivership and Referee in Partition Services

Sometimes the more immediate need for administering Probate and Trust Estates, litigation and marriage dissolution cases are equity solution services. The services I provide are paramount to protecting the value of legacy assets. The equity solutions I am qualified to provide under guidance by the Court include Receivership and Referee in Partition services:


Receivership Services:

When there are potentially fraudulent, destructive or bad dealings occurring in a Probate, marriage dissolution, or Trust litigation, I can help if the equity solution of a Court Appointed Receiver is appropriate. There is no more equitable action than to seek the appointment of a qualified receiver to protect legacy assets, such as a business or income property.

As Court Appointed Receiver, I can step in quickly upon the court granting the appointment, assess the operations, and make certain the business or the income property is adequately protected.   When appropriate, I can create a temporary estate with all the powers of possession to provide an orderly takeover, and in so doing protect all interested parties and the legacy asset until litigation can be resolved.

I have been working as a Receiver Administrator and Court appointed Receiver in the Superior Courts since 2009. My receivership background include rents, issues and profits as well as protecting businesses.


Referee in Partition Services:

When a party wishes to be extricated from holding title to real property with another party, and cannot agree on a sale, I am available to serve as a Referee in Partition actions.  Under California law, a co-ownership in fee simple interest to property, a person’s right to seek partition is absolute. A petition to the Court to Partition title in real property asks the Court to divide the existing interests of the owners “in kind” or “by sale.”

The Referee is generally nominated by one of the parties, often the plaintiff. The nomination motion would be accompanied with a resume of the proposed Referee’s relevant experience and licenses.

Individuals seeking the sale of property assets with an uncooperative co-owner are often motivated by existing issues in managing and caring for the property.  The issues in managing and caring for the property may require resolution during the litigation.  Examples may include deferred maintenance, where the Court may direct the Referee to investigate costs and economic viability of repairs, or expiring leases where there is no agreement between the parties on how to deal with lease expiration.  Another example may be tenants who wish to renegotiate or extend their leases.  If the property’s highest value is an income property investment, negotiating lease renewals may enhance the property’s value.  The Court may direct the Referee to make corrections to the physical plant and/or to conduct those negotiations that benefit the property, subject to Court review before finalization.