Receivership and Referee in Partition Services

“Receivership? What the heck is a Receivership? Well, it’s a lifesaver is what it is. When my father passed, he was a small business owner in a business that uses heavy equipment. I had my hands full and didn’t know where to turn. I had ex-wives, widows, and laying claims to whatever they thought they could get their hands on. When my Trust Attorney suggested a receivership, I was confused and concerned. I did not understand how it worked and was terrified to turn over the power of our small company to a complete stranger. Trusting my attorney, I said OK let’s do this, He said it would protect you and your beneficiaries. Within a few days, I met Dan Collins and instantly at ease.

Dan was available to me day and night, and yes even sometimes with a 5:00am text message. He walked me through all types of issues, and trust me, in my case we have had plenty to choose from. Don’t be afraid, my friends. There are actually people out there who care! Dan Collins is of them.’

Darleah Cox, Oroville, CA

Sometimes the more immediate need for administering Probate and Trust Estates, and estate litigation 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 Administrator in the Superior Courts since 2009. My receivership background includes cases in rents, issues and profits as well as protecting businesses in Trust and Probate.

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.