When it comes to freight transportation, non-payment for services can create significant legal challenges for both shippers and freight carriers. If a shipper fails to pay for services rendered by a freight carrier, the carrier has legal rights to pursue

As a parent, you probably don’t want to think about the possibility of your college student facing a medical emergency far from home. But one simple, yet crucial, step can help you feel more at ease: encouraging your student to

In California, irrevocable trusts are a popular estate planning tool, primarily because they offer tax benefits and provide asset protection. Once assets are transferred into an irrevocable trust, the grantor typically cannot alter the terms or reclaim the assets.

In California, incapacity determination for adults with dementia is a critical process that ensures individuals who can no longer manage their personal, financial, or medical affairs are protected.

If you’re a California homeowner with property held in a revocable trust, you may be wondering whether you should or could declare homestead on that property. It’s an important question because declaring homestead can offer significant benefits, such as property

When it comes to nonprofit organizations, two common types are private foundations and public charities. While both types serve charitable purposes and enjoy tax-exempt status under IRS rules, they differ significantly in structure, funding sources, and operational flexibility.

Forming a business partnership in California is an exciting step, but it also comes with risks if expectations and responsibilities aren’t clearly defined. A partnership agreement is a legally binding document that outlines the roles, responsibilities, and expectations of each

Selling a business in California can be a rewarding, life-changing event, but it’s a complex process that comes with potential risks and challenges. From valuation to legal compliance, there are pitfalls that can complicate or derail the sale if not

A common question when setting up a living trust is whether it needs a Tax ID Number (TIN), also known as an Employer Identification Number (EIN). The answer depends on the type of living trust you have and whether it’s

Owning firearms in California comes with strict regulations and legal requirements. Whether you’re a collector, a sports shooter, or someone who values responsible firearm ownership, establishing a gun trust can provide several key benefits that help you stay compliant.

In San Diego, when initiating probate proceedings, it’s essential to adhere to specific local rules and requirements. One of the critical forms in this process is SDSC PR-198, titled “Attachment to Initial or Competing Petition for Probate.”

In California, probate proceedings often involve complicated issues when it comes to real property left behind by a decedent. When multiple heirs inherit a single piece of property—such as a home or land—they automatically become tenants-in-common, each holding a fractional interest. Disagreements frequently arise over whether to sell the property, keep it, or divide it. When these conflicts can’t be resolved privately, the legal remedy of partition may be necessary to solve the dispute.

Companies place immense trust in their officers—CEOs, CFOs, and other key executives—to uphold the company’s best interests. This trust isn’t just ethical; it’s a legal fiduciary duty. When an officer breaches that duty, the consequences can be severe, and the company has every right to pursue remedies.

When someone passes away, their estate usually undergoes probate in the state where they were a resident. However, when the decedent owns property in multiple states, like real estate in California, an additional probate process called ancillary probate may be required. This ensures that any assets located outside the decedent’s primary residence state are properly administered.

The loss of a loved one is an emotionally challenging time, and dealing with legal responsibilities can feel overwhelming. But, taking certain steps early can prevent complications later. Here’s a guide to the first legal steps to take after a loved one passes, from a lawyer’s perspective.

Forming a non-profit organization is a meaningful way to contribute to a cause or community, but it involves careful planning and adherence to legal requirements.

In California, trustees may be entitled to compensation for the time and effort they spend managing a trust if allowed by its terms. While it is common for California trust to include permissive language for trustee fees, it is not common to define how much those fees may be. Likewise, there is no statute on point defining trustee compensation in California.

Forming a professional corporation (PC) in California is an important step for licensed professionals who wish to practice as a corporate entity. This structure provides various benefits, including limiting liability to the entity while providing potential tax advantages. However, forming a professional corporation requires careful consideration of legal and regulatory requirements.

When property changes hands in California, one of the critical steps involved is the completion of the Preliminary Change of Ownership Report (PCOR). This form is a required document that provides essential details about the transfer of property and helps county assessors determine if a reassessment of the property’s value is necessary. This document is required when conveying real property into a revocable living trust to avoid unwarranted fees.

Probate is a legal process that administers the estate of a deceased person, ensuring the proper distribution of assets. However, this process can be complicated, and many individuals encounter pitfalls when navigating the process.

Being appointed as a trustee in California comes with significant responsibilities and fiduciary duties. Trustees play a crucial role in managing and administering trusts for the benefit of beneficiaries

Trustees in California hold a critical role as fiduciaries entrusted with managing assets for the benefit of beneficiaries. However, when trustees fail to fulfill their duties or act against the best interests of the trust, it can lead to breach of fiduciary duty litigation. This article explores what constitutes breach of fiduciary duty in the context of trusts in California and what trustees and beneficiaries should know about handling such disputes.

The probate process in California can be complex and daunting, but understanding key tips can help individuals manage it more effectively. Whether you’re an executor, beneficiary, or simply preparing for the future, here are some essential tips to navigate probate in California:

Probate in California can be a daunting process for those unfamiliar with its intricacies. Understanding the basics can help demystify this legal procedure, which is essential for settling a deceased person’s estate.

Disinheriting a spouse from a will or trust is a sensitive and legally complex matter, particularly in California, where marital rights and community property laws come into play. As a trust and estate attorney familiar with California law, I understand the importance of navigating this process carefully to ensure your wishes are carried out effectively and legally.

Deciding to disinherit someone from your will or trust is a significant and often emotionally charged decision. In California, as in many other states, individuals have the legal right to determine how their assets are distributed after their death. However, it’s essential to navigate this process carefully to ensure your wishes are carried out effectively and legally.

Owning property in multiple states can offer diverse investment opportunities and lifestyle benefits, but it also presents unique challenges when it comes to estate planning and management. As a trust and estate litigation lawyer, here’s a comprehensive guide on what you should consider to ensure your multi-state property is well-managed and efficiently passed on to your heirs.

Naming beneficiaries is a critical component of estate planning that ensures your assets are distributed according to your wishes. As a trust and estate attorney, here are some key considerations to help you make informed decisions when designating beneficiaries for your estate.

Planning for a child or beneficiary with special needs requires careful consideration and specialized strategies to ensure their financial security and well-being without jeopardizing their eligibility for government benefits. As a trust and estate attorney, here are key steps to help you navigate this complex and sensitive process.

Probate is a legal process that takes place after someone passes away, where the court oversees the distribution of the deceased person’s assets to their beneficiaries. In California, the probate process can be time-consuming, costly, and public, which is why many individuals seek to avoid it through proper estate planning strategies.

A Durable Power of Attorney (DPOA) is a legal document that grants a designated person, known as an agent or attorney-in-fact, the authority to make financial and legal decisions on your behalf. The key aspect of a DPOA is its durability, meaning it remains effective even if you become incapacitated.

Creating a will or trust is a crucial step in estate planning, but it’s equally important to keep these documents up to date. In California, it’s recommended to review and potentially update your will or trust regularly to ensure they reflect your current wishes and circumstances. Here are key moments and intervals when you should consider making updates:

When it comes to estate planning, the choice between a trust and a will can significantly impact the distribution of assets and the management of your legacy.

In a significant legal stride, California’s legal landscape sees a new development with the emergence of petitions to reform trusts. While trust reformations themselves aren’t uncommon, the state’s unique approach to the process adds an intriguing layer to the legal narrative.

A buy-sell agreement, also known as a buyout agreement, is a legally binding contract between co-owners of a business that governs the situation if one owner wants to sell their interest, becomes incapacitated, retires, or passes away. It essentially outlines the terms and conditions under which the remaining owners or the business itself can buy out the departing owner’s share.

In California, as in many other jurisdictions, a revocable trust can offer several valuable benefits. Read on to learn about some of the most important aspects.

Do you need an attorney for trademark registration? That is a question that many business owners want the answer to before making the decision to hire a trademark attorney.

The Americans with Disabilities Act (“ADA”) became law in 1990. The landmark ADA legislation is aimed at preventing discrimination against people with disabilities.

As a business owner, you almost certainly use or consider the use of outside vendors. While third party vendors are often necessary, the use of such vendors is not without risk. Therefore, proper vendor management is a must to ensure the limitation of your risk. Our attorney can help you craft a well-tailored service agreement specifying the deliverables and balancing the risk between the parties.

Ecommerce is playing an ever-increasing role for companies operating within the U.S. and other advanced countries around the world. Doing business online, while expedient and convenient, is fraught with potential problems regarding data privacy.