Legal

Has this happened to you? • You fell behind on mortgage payments and your lender has given you misleading, double-talk information about your options to save your home; you just can’t get a straight answer……… • You have applied for a loan modification and your lender is sending you foreclosure notices at the same time……. […]

Adopted Children – No Estate Plan – Intestate Succession An adopted child has the same legal status as a biological child in California, even if they are not US citizens. What this means is that if you die without a will, intestate law will control the distribution of your estate and adopted children will receive […]

Remember, at a minimum someone needs to know that you have a will or trust and where it is located, but often that will be your attorney. Situations When Transparency is a Good Idea Here are a few examples of when it might be wise to share your estate plan details: Family Business – If […]

I) Homestead is superior to a judgment creditor – Homestead protects homeowners from a particular kind of creditor- “the judgment creditor”. A judgment results from a lawsuit and determination you actually owe money to the plaintiff who brought the lawsuit. A judgment entitles the judgment creditor to use certain legal powers to collect that money. […]

This misinformation usually stops people from seeking the assistance of a bankruptcy lawyer who can help them understand how bankruptcy can help. The following is a list of common concerns and myths that have stopped many people from seeking the help of a bankruptcy attorney. BANKRUPTCY CONCERNS: 1. Can I keep my home if I […]

Whether they are remote workers, retirees, investors or expat employees, there are some things to consider when it comes to estate planning. Foreign Residents If you are a US citizen living either temporarily or long term in a foreign country, you have to think about the effect on your estate plan and heirs if you […]

It is generally understood that when couples divorce they will also be changing their estate plan to reflect the divorce, as well as to accommodate new spouses or children. However, in California, spouses have the option of a legal separation, which preserves some inheritance rights for the surviving spouse, as well as any fiduciary responsibilities. […]

California’s “homestead “exemptions are super-heroes for Californians! While other exemptions protect items worth a thousand dollars here and there, the homestead protects $75,000 for a single person and $100,000 for a couple. **For the elderly or disabled, the homestead balloons to $175,000. The homestead is powerful, but unfortunately not well understood. Here are six things you […]

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 cause a health care facility to be legally responsible; either based on the conduct of an employee or on a policy, procedure or on-going practice […]

The goal is to make sure that your estate plan is up to date and reflects the intentions and priorities of both spouses. Then, as your family grows, and asset values increase, you can easily amend it as needed. So, instead of an unpleasant task to be put off, making an estate plan together is […]

Pet lovers making an estate plan often ask how they can provide for the future care of their pet. This is a natural question since a pet can be an important life companion, especially as people get older. If you want to provide for your pet after you are gone, there are ways to handle […]

Mediation: is the fastest growing ADR method. Unlike litigation, mediation provides a forum in which parties can resolve their disputes with the help of a skilled neutral third party. Mediation depends upon the commitment of the parties to want to resolve their differences. Clearly, if one party is committed to resolving differences and the other […]

Married couples seeking divorce have many financial and family issues to sort out, and one of those is making changes to any estate plan already in place. Whether they have a trust where both are the grantor/trustee and primary beneficiary, or if they have traditional wills, all estate planning documents will need to be modified […]

There are two ways that a cryptocurrency can be held: in a third-party exchange or in a private wallet. The first is simple from an estate planning perspective, since it more like a bank account, and the private code or ‘key’ is held by the exchange. But when Bitcoin is held in a private wallet […]

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 […]