Legal

Family disputes, like those that arise after the death of a loved one, over a will, a trust or even in our elders’ final years when they cannot care for themselves – these are some of the most challenging of life conflicts. In every conflict, there lies a tremendous opportunity . . . to create […]

When you are making your estate plan it is natural to think first about your family members as heirs, so that they are taken care of in the future.  However, there are many benefits of including your favorite charities in your will or trust, that won’t compromise the interests of your heirs.  Here is an […]

Many people have questions about the difference between a will and a trust, and when a trust may be necessary. The Basic Facts About Wills – Very simply, a will states the wishes of a person upon their passing about how to distribute their property to heirs.  The will also names an executor who oversees […]

The Decision Just because an Employer has the legal right to discharge for a bad reason, or no reason, does not mean it is good business to do so. Moreover, discharging for an illegal motive, thereby becoming exposed to the risks of governmental review and liability from lawsuits, is simply not prudent. Finally, the cost […]

Often, aging parents will name one of their adult children to act as successor trustee for a revocable trust in their estate plan.  While this may seem like a simple job until both parents pass away, there are some challenges that can arise if your parents are elderly or unable to make sound decisions for […]

No, not always.  Probate is the court supervision of the distribution of assets of a deceased person after payment of taxes and creditors. Probate can be in accordance with a will, whereby the deceased person leaves written and witnessed instructions as to the disposition of his or her estate (this person is said to have […]

I was on the bench for almost 20 years, nine of which were devoted to presiding over a family law docket, and though I worked very hard to bring dignity to my courtroom and fairness in my rulings, I was still a stranger in a black robe making generational decisions for families I met only […]

What Kind Of Actions and/or Failures To Act Should Lead To the Filing Of A Lawsuit? There are numerous accidents, willful and/or intentional acts, and failures to act that may leave a health care facility legally responsible; either based on the conduct of an employee or on a policy, procedure or on-going practice in the […]

What Are the Related Areas of Tax and Estate Planning? There are few areas where both tax planning and estate planning need to be considered together.  How assets are held, transferred and valued all have an impact on taxability. Lifetime Gifts:  You may make gifts during your lifetime up to $14,000 per year, for as […]

The civil FCA shields the Government from being overcharged or sold inferior goods or services. It is illegal to present claims for payment to Medicare or Medicaid you know or should know are false or fraudulent. If a claim results from a kickback, or is made in violation of the Stark law, that alone may […]

This is a quick overview of some unique situations that you may face in your own family planning for the future: Gifts to Grandchildren without Living Parents – If you have grandchildren who have lost both of their parents, there are some specific rules for including them in your estate plan.  If they are minors, […]

The Law Office of Jack D. Brown, APC has merged with the law firm of Shoup Legal, A Professional Law Corporation.  Their offices are located at 29995 Technology Drive, Suite 101, Murrieta, California. Jack D. Brown has been in practice for over 40 years, with his primary practice focus in general business and transactional matters, […]

A dual agency relationship exists one broker handles both sides of a transaction, even if two different agents working in the office represent the buyer and the seller respectively.  Although it is generally discouraged, dual agency is legal in California residential real estate transactions if fully disclosed in writing to both parties.  However, because the […]

The appeal of the large law firm (“Mega-firm”) is understandable.  With a national or even international presence in multiple states and countries, they employ hundreds of lawyers occupying prime office space in Washington, D.C., and the skyscrapers of New York, Chicago, Los Angeles and similar centers of commerce.  Their stellar reputations are scrupulously crafted, honed […]

Mr. Johnson has handled transactional and litigation matters in employment law, real estate, land use, title review, bond (re) financing, public finance, and school and church development. After receiving his Juris Doctorate from the University of San Diego cum laude in 1993, he obtained his initial training as an associate working with the trial lawyers […]

It is important for businesses to conduct a business check-up.  Depending on the status of the business, it should take an attorney between one and 10 hours to complete the review (not including corrections to be made).  This could save hundreds of thousands of dollars.  We are seeing more individuals sued than ever before, just […]

It is very common for a will or trust to have the instruction that all property is to be divided equally among named beneficiaries.  This avoids the problem of having to identify specific property to be granted to heirs, and creating any ill feeling in the family.  It is a fine approach for dividing cash, […]

Many people have heard the term ‘power of attorney’ but have questions about when it is needed, and under what circumstances.  A power of attorney (POA) grants a family member or other trusted individual the ability to make financial or healthcare decisions for you as your ‘agent’.  This responsibility can be as broad or narrow […]

Having spent 40 years as In House VP General Counsel with Billion $$ companies, Contract Corporate Counsel with Multi-Million $$ companies, and Contract Counsel for start-ups and entrepreneurs – this has always been my first advice to Clients and to focus upon. In simple terms, establish procedures and solid business practices “before” the mess, litigation […]

For many people, declaring bankruptcy is not only a financial decision; but sometimes a personal one. Therefore, no one can really advise you if it’s right for you. However, factors such as the stigma of filing bankruptcy has considerably lessened over the years. Moreover, the Federal Government has deliberately carved out a place in the […]

I liken it to the relationship between a loving and caring parent to their own child—the parent always acts in a manner consistent with the best interest of their child, even if it is against their own best interest. This is what a fiduciary relationship is and what is legally expected of a real estate […]

“. . . winning at trial depends on [a] collaborative effort between client and lawyer.” Sometimes, no matter how hard you try to reach a reasonable and amicable agreement, litigation becomes the only option—short of simply walking away. The story I am about to tell is true; the names have been changed to protect my […]

If you “assume” you have limited liability under California laws – regardless of your structure and entity (i.e., C-Corp. S-Corp, Limited Partnership, LLC or whatever), if you do not maintain appropriate and required business records, the plaintiffs’ attorneys will search for this first – in an attempt to “pierce” the corporate veil – essentially making […]

On occasion, individuals  visit my office quite sometime after a car accident has occurred to discuss their case. During our conversation they inform me they have already provided a recorded statement to the other party’s insurance company. When I ask why a recorded statement was provided? The reply goes something like “…..well, the accident wasn’t […]