Can a Commercial Lease in California Be Enforced Even if It Was Never Formally Signed

Yes, in some cases, a commercial lease may still be enforceable even if it was not formally signed. Courts may look at the parties' conduct, such as payment of rent, occupancy, and communication, to determine whether an agreement exists. Proving the terms can be difficult, which is why having a clearly written and executed lease at the onset is essential to avoid costly disputes.

What Rights Do Commercial Tenants Have in California

The rights of commercial tenants in California are limited by the terms of their lease. Senate Bill 1103 gives certain tenants extended rights if they qualify under the law. To qualify, a business must be a microenterprise, a restaurant with fewer than 10 employees, or a non-profit with less than 20 employees.

What Are the New Laws for Landlords in California

California landlord-tenant laws continue to evolve, and the rules that apply can depend on the type of property involved. Because legal requirements may change, landlords and tenants should review current California law and any local rules that may affect their rights and obligations.

What Legal Risks Should I Consider Before Purchasing Commercial Property in California

Before purchasing commercial property, it's important to evaluate title issues, zoning compliance, existing leases, environmental liabilities, and potential use restrictions. Hidden problems, such as easements, code violations, and tenant disputes, can significantly impact value and operations. A commercial real estate lawyer can conduct due diligence, review contracts, and help identify risks before closing to protect your investment.

How Do I Handle a Commercial Real Estate Dispute

If you find yourself in a commercial real estate dispute, the California commercial real estate attorneys from Lobb & Plewe can help you develop a plan to reach a settlement or represent you in litigation. Their understanding of commercial real estate law can help you achieve a fair compromise for your situation.

California Estate Planning Lawyer

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Experienced Estate Planning Attorney in California

No one wants to think about their death, but having an established framework for how your assets will be handled once you are incapacitated or gone makes your wishes known and saves your loved ones from legal complications. A Skilled California estate planning lawyer can help you with every stage of creating arrangements to take care of your family.

About Lobb & Plewe

Lobb & Plewe has spent years helping people in Corona, Riverside County, Orange County, and communities across California in their estate planning matters. Partner Elaine Serrao is a Certified Specialist in Taxation by the California State Board of Legal Specialization and a member of the State Bar’s Trust and Estate Section. Our team can use decades of combined legal experience and skills to assist you in planning for the future.

What Is Estate Planning?

Estate planning refers to the legal arrangement of your assets, finances, and personal affairs to ensure they are managed and distributed based on your wishes when you can no longer advocate for yourself.

In 2025, wills were the most common document, with 24% of survey respondents having one, followed by 13% having a living trust and 4% having other estate planning tools in place. Most without a will or estate plan understood the importance, with 43% of respondents saying they simply hadn’t gotten to it yet.

Types of Estate Planning Cases

Estate plans are flexible arrangements that can account for the unique factors in each situation. The following are common estate planning tools that Lobb & Plewe can help with:

Wills

A living will is a central aspect of most estate planning cases. They may include instructions on how to distribute assets, child guardianship, and managing debts. The main parties involved are the testator, who creates the document, the beneficiaries, who receive assets, and the executor, who is responsible for carrying out the will’s terms. Wills must be in writing and have two witnesses.

Wills in California typically must go through probate. Cases are processed at the Superior Court for the county in which you live. Corona probate matters are handled at the Riverside County Superior Court at 4050 Main Street in Riverside.

Revocable Trust

A revocable trust is a separate legal entity from the creator to which assets are assigned. They function similarly to a will but with several advantages. Benefits include greater control over how assets are distributed, avoiding the probate process, and taking effect upon incapacitation instead of after death.

Irrevocable Trust

An irrevocable trust is a separate legal entity that typically cannot be modified after its creation. They are often used for asset protection in tandem with other documents. Examples of irrevocable trusts include:

Life insurance trusts
Spendthrift trusts, which restrict how beneficiaries can handle assets
Qualified Personal Residence Trusts (QPRT), used to transfer real estate
Special needs trusts for beneficiaries requiring specific medical care
Charitable trusts
Pet trusts

Hire an Estate Planning Lawyer in California

Estate planning laws can be confusing and overwhelming to those with little to no legal background. Due to the complexity often involved in these cases, it is recommended that you hire an estate planning lawyer to help with your estate plan. A California estate planning attorney can assist with each element of establishing an estate plan. Lobb & Plewe can assist by:

Providing options. We can discuss your priorities in estate planning and provide options that fit your interests.
Organizing assets. Asset management is often essential before an estate plan can be finalized. Our team can work with you to create a complete inventory so that estate planning documents are based on up-to-date information.
Drafting paperwork. Estate plans require precise language, with minor mistakes or vague wording resulting in litigation between parties. Your attorney can draft and prepare all documents for your estate planning case.
Modifying arrangements. Circumstances often change after creating an estate plan, which can make its provisions outdated. Your lawyer can assist in making any necessary modifications to make plans match current conditions.

FAQs

What Is the Average Cost for an Estate Planning Attorney in California?

Estate planning lawyers in California do not have one set average cost across all cases. Costs vary based on the value of assets, the type of estate structuring, and the total workload for a firm. Assistance in finalizing a simple will typically costs less than an attorney hired to create multiple trusts. During your initial consultation, your estate planning lawyer can provide a rough estimate for your final legal expenses.

What Is the 5 by 5 Rule in Estate Planning?

The 5 by 5 rule is a term used in California estate planning cases that refers to the maximum annual payments to beneficiaries. Under federal law, a trust beneficiary may withdraw either 5% of the trust’s total value or $5,000 each year without it being considered a lapse of powers. This allows loved ones to receive support from a trust without being classified as a taxable gift or distribution.

Do All Estates Go Through Probate in California?

California estate planning laws do not require every estate to go through probate. One common alternative to probate is creating a trust. Trust administration does not require court oversight and can be conducted in privacy. Another way to avoid probate is to qualify as a small estate. The exact requirement is updated regularly, with a maximum value of $208,850 for non-primary residence property in 2025.

What Happens if Someone Dies Without a Will or Estate Plan in California?

In California, if someone dies without a valid will or other estate planning documents, their assets enter into intestate succession. Intestate succession is a default distribution of assets that follows a set hierarchy prioritizing the surviving spouse and children. The process does not account for the deceased’s wishes and can create conflict between loved ones following a death.

Speak With a California Estate Planning Attorney Today

At Lobb & Plewe, we know how daunting estate planning can be. Contact us today to schedule your initial consultation, where we can learn your estate planning goals and provide options that suit your situation. You may also visit our Corona offices, located on Temescal Canyon Road, between exits 90 and 91 of the I-15, a few blocks north of the Shops at Dos Lagos.