Legal

  • 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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  • Honor, Integrity, Respect; Endangered Values

    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 […]

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  • Slip and Fall Accidents: Proving Fault

    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 […]

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  • Mortgage Fraud, A Financially Rewarding Past Time for Crooks. It Can Happen to You!

    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 […]

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  • California’s “Revocable Transfer on Death Deed” is a New Estate Planning Option for Homeowners Who Wish to Transfer Title to their Homes without Going through Probate

    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 […]

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  • Buyer’s Real Estate Agent Not Liable in Personal Injury Case

    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 […]

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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 […]

    Read more