Legal

  • Do You Need a Mortgage Foreclosure Defense Attorney?

    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……. […]

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  • Estate Planning, Foster Care and Adoption: What You Need to Know.

    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 […]

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  • 6 Things You Ought to Know About California Homestead Law

    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. […]

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  • Bankruptcy Folklore and Other Tales of Fantasy

    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 […]

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  • Estate Planning Tips: Offshore Assets and Foreign Residence

    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 […]

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  • What is the Effect of Marital Separation on Your Estate Plan?

    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. […]

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  • 6 Things You Ought to Know About California Homestead Law

    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 […]

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  • When Should You Consider Suing a Nursing Home?

    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 […]

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  • How Can You Include Your Pets in Your Estate Plan?

    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 […]

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  • Was that MEDIATION, ARBITRATION or VEGETATION?

    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 […]

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  • If You Divorce, What Happens to Your Estate Plan?

    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 […]

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  • Estate Planning and Succession for Family Businesses

    Family businesses are common in the United States, across the entire spectrum of services and industries. Often, the business starts out as sole proprietorship or partnership, and then as children become adults and want to join, the business can expand into a different type of structure. It is natural for parents who are business owners to want to include their children in their success, especially since they may one day inherit ownership of the business.

    Nonetheless, the issues of business structure, participation and investment all play a role when it comes to succession planning. There is no one strategy that will fit every family business situation, and there are a number of issues that can affect how the business is included in estate planning.

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  • The New Tax Law and Business Planning: What You Need to Know

    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 […]

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  • When Making a Gift or Bequest to a Caregiver, Seniors Must Take Extra Steps to Make Sure its Blessing, Not a Curse.

    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 […]

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  • Impact of the New Tax Law on Estate Planning

    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 […]

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  • Make Your Estate Plan Your New Year’s Resolution

    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 […]

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  • What is Sexual Harassment and When is the Company Liable?

    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 […]

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  • A Personal Injury Primer

    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 […]

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