Legal

Litigation is society’s way of righting a wrong but, truth-be-told, so many issues litigated today need never have been the subject of a lawsuit. With business litigation, had people just dealt with the “What ifs?” prior to formalizing their business relationships, they would not later have to deal with the “What now?” It’s the “What […]

20% Deduction for “Pass-Through Businesses” 95% of US businesses use “pass-through” business structures for taxation. These include sole proprietors, partnerships and S-corporations, where the business income is essentially taxed as personal income, at the corresponding personal tax rate. The new law now provides for a 20% deduction on that income, a change that is bound […]

Although the new protective measures were aimed at paid care custodians, the language of the statutes did not restrict the measures to only professionals. Thus, even friends and neighbors who aid an elder neighbor can end up defending a lawsuit if their friend leaves them a testamentary gift. We had occasion to defend such a […]

The Tax Cuts and Jobs Act of 2017 (‘Act’) became effective on January 1, 2018 and is the first significant change to the tax code since 1986. Whether or not one agrees with the underlying change in tax policy, the Act will affect many financial and estate planning decisions for individuals and families. These changes […]

What Exactly Does an Estate Plan Do for My Family? An estate plan is the best way to ensure that your assets and resources will be distributed in the best way, and free of complications or conflict. In the modern world it is really a necessity rather than a luxury to have a solid estate […]

by John Messina, Esq. and Mary Gram, Esq. Eminent domain can be used to take all a person’s property or only a portion of it. It is also used to acquire temporary use of the property or to compensate a person when a public improvement negatively impacts their property. Regardless of the taking, the Fifth […]

by David A. Grabhorn, Esq. and Mary E. Gram, Esq. Mixed together in the likely tsunami of sexual harassment complaints about to swamp employers will be both the valid ones and those that are not actionable, because they will not rise to the level of a legal violation. Not every vulgar comment or salacious act […]

As you review your year-end finances and asset plans, it pays to list and secure all important papers. This is especially true with estate planning documents, that reflect your wishes about your assets and heirs. If those are destroyed with no copies, then all of your good effort to protect your heirs will have no […]

If someone injured you through their negligence in driving a vehicle, you may have rights under the law. You want to protect those rights so you don’t end up paying for someone else’s careless driving. Read the top 10 reasons why hiring an experienced attorney will help protect your rights. You have only a limited […]

A few years ago, I represented a client who helped develop a market for a software product used by major manufactures throughout the world. The software became so successful that a large company back east acquired the smaller California based software development. My client had a written agreement with the California company to distribute the […]

What Type of Life Insurance is Best for Your Estate Plan? There are two basic types of life insurance policies: term and whole life. Term life insurance is just like it sounds, for a specific time such as 15, 20 or even 30 years. Whole life insurance is just that, for the whole lifetime and […]

Determining Liability To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true: The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be […]

When a loved one can no longer live unassisted, it creates a great deal of stress on families. You’re rowing into unchartered territory. When you and your family members focus on increasing communication through conflict, you’ll get an awesome res This short article is Part 2 of a 3-part series. At the end of this […]

Every day thousands of people nationwide are cheated out of money through questionable loan modification programs, false identifications by fakers claiming they are the true homes owners and other forms of fraudulent actions. The mortgage industry as a whole, including escrow and title companies are under close scrutiny these days because of those questionable lending […]

A new option, the Revocable Transfer on Death Deed, or Revocable TOD Deed, was quietly added to the California Probate Code effective January 1, 2016, and provides an economical new estate planning tool for homeowners. The new provisions are set forth in sections 5600 through 5696 of the Probate Code, and at section 5642 include […]

In Coughlin v. Harland L. Weaver, Inc., 103 Cal. App. 2d (1951), the listing agent was liable to a prospective buyer who fell down the basement steps theorizing the listing agent was holding “open house” and therefore had possession and control of the property.  Consequently, the typical Errors & Omissions insurance carried today by real […]

If someone injured you through their negligence in driving a vehicle, you may have rights under the law. You want to protect those rights so you don’t end up paying for someone else’s careless driving. Read the top 10 reasons why hiring an experienced attorney will help protect your rights. You have only a limited […]

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 […]