Legal Articles & Resources
Plain-English explainers on California legal issues from the Law Office of Donald J. Melancon. General information only — not legal advice.
Probate, Trusts & Estates Tax & the IRS Family Law Criminal Defense Civil, Consumer & Business
Probate, Trusts & Estates
Trust Beneficiary Rights in California When the Trustee Won’t Talk
A California trustee must keep you informed, give you a copy of the trust, and account. What the notice clock means, what an account must show, and how to compel one…
Read more →How Long Does Probate Take in California? A Santa Clara Timeline
Nine to eighteen months is typical, and the four-month creditor period is only the floor. The sequence, the Santa Clara County practice, what slows it, and the shortcuts…
Read more →How Much Does Probate Cost in California? The Statutory Fee Schedule
California fixes probate fees by statute — on the gross value of the estate, not the equity. The schedule, a worked example, and who can avoid it…
Read more →Can You Contest a Will in California? Grounds, Deadlines, and No-Contest Clauses
Disappointment is not a ground. What is, who has standing, the 120-day clock after probate, and what a no-contest clause can and cannot do…
Read more →Does Every Estate Have to Go Through Probate in California?
Probate is slow and public — but not every estate needs it. Several shortcuts can avoid it…
Read more →What Happens If You Die Without a Will in California?
If you don’t make a plan, California has one for you — and it may not match your wishes…
Read more →Do You Need a Living Trust in California? The Basics
Many Californians have heard they "should have a trust" but aren’t sure why — or whether…
Read more →Conservatorship or Guardianship in California? Which One You Need
The two words get used interchangeably, but in California they mean different things — and one may not be necessary at all…
Read more →Financial Elder Abuse in California: What the Law Lets You Recover
California treats financial exploitation of an elder as its own wrong — with remedies ordinary contract law does not offer…
Read more →Disagree With a California Probate Court Ruling? Your Options on Appeal
Probate cases — over a will, an estate, a trust, or a conservatorship — can end in a ruling…
Read more →Tax & the IRS
Should You Choose the Small Tax Case Procedure in U.S. Tax Court?
The Tax Court is the one forum to dispute an IRS deficiency before paying. The small tax case track is faster and less formal, but there is no appeal. How to decide…
Read more →Owe the IRS and Can’t Pay? Payment Plans, Offers in Compromise, and Your Other Options
The notices, the levy, and the 10-year clock — plus the real options: payment plans, an offer in compromise, hardship status, penalty relief, and the hearing that reaches Tax Court…
Read more →Got a “Notice of Deficiency” From the IRS? Your 90 Days to Petition Tax Court
It looks like a bill, but it isn’t — and it starts a strict clock you can’t afford to miss…
Read more →The IRS Wants You to Pay Your Spouse's Tax Debt: Innocent Spouse Relief
A joint return makes you liable for the whole tax — even the part you knew nothing about. Three ways out, and the deadlines on each…
Read more →Family Law
California Restraining Orders: Domestic Violence vs. Civil Harassment
Four civil restraining orders, chosen by relationship. What counts as abuse, the temporary order and 21-day hearing, the burden of proof, and what the order does to the restrained person…
Read more →How to File a Request for Order (RFO) in California Family Court
The FL-300 is how you ask a California family court for custody, support, or fee orders. The forms, the ten-page limit, service deadlines, mediation, and the hearing…
Read more →How Child Support Is Calculated in California
A formula, not a negotiation: the inputs that drive the number, the add-ons, when a judge can depart from it, and why filing early matters when things change…
Read more →How California Courts Decide Child Custody
When parents can’t agree, a judge decides — and California uses one guiding standard above all…
Read more →Filing for Divorce in California: What the Process Actually Looks Like
California is a “no-fault” state, but the process still has rules, waiting periods, and steps…
Read more →Spousal Support in California: How It's Decided
Where alimony comes from, what a judge weighs, and how long it can last…
Read more →Criminal Defense
Reducing a California Felony to a Misdemeanor: Wobblers and PC 17(b)
Many California felonies are “wobblers” a judge can reduce to a misdemeanor. When the reduction is available, what the judge weighs, and the firearm catch…
Read more →Misdemeanor Diversion in California: How Penal Code 1001.95 Can End a Case Without a Conviction
A judge can pause a misdemeanor, set conditions, and dismiss it — over the prosecutor’s objection. Who qualifies, which charges are excluded, and what happens to the record…
Read more →Charged With "Brandishing" a Weapon in California (Penal Code 417)? What to Know
A heated argument, a moment of fear, a misunderstanding between neighbors — and suddenly…
Read more →Arrested for DUI in California? The Court Case and the 10-Day DMV Clock
A DUI arrest starts two separate cases at once — and one of them has a 10-day fuse…
Read more →Clearing a Criminal Record in California: Expungement Under Penal Code 1203.4
An old conviction can follow you for years — but California law offers a path to clear it…
Read more →Civil, Consumer & Business
California Statutes of Limitations: The Deadlines for Common Lawsuits
Two years, three, four, or six months? The filing deadlines for the most common California claims, when the clock starts, and what pauses it…
Read more →California's Consumers Legal Remedies Act: Do I Have a Claim?
California’s CLRA outlaws specific deceptive sales practices and awards damages and attorney’s fees, but only if you send the 30-day notice first…
Read more →Served With a Lawsuit in California? The 30-Day Clock and What to Do
The summons says 30 days. What that deadline really means, when it is longer, and what happens if you miss it…
Read more →Someone Broke a Contract in California — What Are Your Options?
A deal was made, one side didn’t hold up their end, and now you’re out money or time…
Read more →Your Contract Says "Binding Arbitration" — What That Actually Means in California
Buried in employment agreements, contractor contracts, and consumer terms is a clause that…
Read more →The Other Side Won't Answer Discovery in California — Now What?
In a California lawsuit, both sides have the right to discovery — to demand documents,…
Read more →California Small Claims Court: How It Works and the Dollar Limits
A faster, lawyer-free way to resolve smaller disputes — up to a limit that just went up…
Read more →Injured in a California Car Accident? Deadlines and What to Know
The clock starts the day of the crash — and it’s shorter than many people think…
Read more →Bought a Used Car That Wasn't What the Dealer Promised? Your Rights in California
Buying a used car should not feel like a gamble. But California sees a steady stream of…
Read more →Getting Your Security Deposit Back in California
New limits, a 21-day rule, and what a landlord can (and can’t) keep…
Read more →Starting a Business in California? What to Know Before You Form an LLC
A limited liability company (LLC) is one of the most popular ways to launch a small business…
Read more →Have a question about your own situation?
These articles are general information. Consultations with a California-licensed attorney are prepaid and available by video, telephone, or in person in Los Gatos.
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