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CHOOSING A BUSINESS ENTITY What type of entity will your business take? An important, but often misunderstood, decision in the life of a business is the entrepreneur’s or existing business owner’s choice among the different forms of legal entities under which the business can operate. The decision is determinative regarding the tax treatment and legal liability of both the business and its owners. This Legal Update addresses the basic characteristics, advantages, and disadvantages of the various business entity options. The … Continued
Employers can’t restrict employees from running for office Election years always get me thinking. This election cycle is no different, and considering it appears anyone can run for office, I was wondering what are the rules regarding running for any political office as it relates to the employer and employee relationship. There are numerous political offices that one can seek the election to, from everything from water districts, city councils, to utility commissions. Most local political offices are filled by … Continued
How A Probate Attorney Helps How a California Probate can help in administering the estate of a loved one A Probate attorney is a state licensed lawyer who understands law aspects enough to advice estate executors and beneficiaries on settling final affairs of a deceased person. The lawyer is also referred to as an estate attorney and is responsible for handling personal representatives throughout the probate process until everything is smoothed out. He will take the representative through trusts, wills … Continued
THE ROAD FROM GUARDIANSHIP TO ADOPTION A Probate Guardianship is a court proceeding in which a legal guardian is appointed by the probate court to protect the person or estate of a minor. A Probate Guardianship suspends (but does not end, as in adoption) parental legal rights. Probate Guardianship is granted by the court if the court finds that it is “necessary or convenient”. Legally speaking, adoption is defined as the transfer of the parental rights of a child. Once an adoption … Continued
COMMON ASSETS MISTAKENLY OMITTED FROM TRUSTS Being an Attorney that concentrates on all aspects of Probate matters, my office has come up with a list of the forgotten assets that are most commonly omitted from trust funding. That is, these assets are frequently found after death titled in individual names rather than being properly titled to the decedent’s trust. In some cases they can be cleared up by small estate affidavit, under $150,000 probate successions, Heggstad petitions and in some … Continued