The United States Postal Service (USPS) released its annual report on employee dog bite statistics last month. Nationwide, the total number of attacks on USPS employees was 6,755 in 2016. This is an increase of over 200 compared to 2015. Rounding out the top 10 were the following cities: Los A...
HLF Blog
Dissolution of a Limited Liability Company
Sometimes it becomes necessary to shut down your limited liability company (LLC). However, there are steps that need to be followed to properly dissolve a LLC. Here are the general steps involved in the LLC dissolution process in California. What triggers the dissolution of a LLC? There are sever...
Two exceptions to reassessment of real property
When real property is transferred or sold in California, it is subject to reassessment at the current market value. The result is often an increase in the property taxes owed by the new owner; sometimes this is a significant increase. However, there are several transfer situations that are exclud...
When a will or trust fails to name a spouse or child
If you execute a will or a trust prior to marriage or having a child, you may forget to update your estate plan to include your new spouse or child. The law in California presumes this was a mistake and entitles the omitted (or “pretermitted”) spouse or child to his or her share. This share is ge...
What is a “postnuptial agreement”?
A postnuptial agreement is a contract made by spouses after marriage (as opposed to a prenuptial agreement). Postnuptial agreements are not to be confused with marital settlement agreements, which are executed as part of the divorce process. Married couples sometimes decide to enter into such con...
Real Estate Litigation: What is a “notice of lis pendens”?
Real property (a house, a parcel of land, etc.) is a common subject of litigation. Two children might fight over their parents' house after the parents die. Neighbors might fight over a portion of land. Beneficiaries might dispute a will that leaves a family farm to someone outside the family. Du...
Estate Administration: What is a Heggstad petition?
A living trust is an important estate planning document that allows your estate to avoid probate. Of course, it is of no use if you fail to transfer your assets into the trust. In this case, when you die, nothing is owned in the name of the trust, so there is nothing to administer according to it...
What is the difference between an “heir” and a “beneficiary”?
In the area of legal terminology, there are several words that seem similar but actually have distinct legal meanings. In the context of probate and trust administration, two of these words are “beneficiary” and “heir.” They might sometimes be used interchangeably in common usage. However, in the...
What is a “statute of limitations” and how does it affect your case?
If you're thinking about starting a lawsuit, or someone has started a lawsuit against you, you need to be aware of the statute of limitations that applies to the claim. For many types of claims, there will be a corresponding time limit for filing that claim in the California Civil Code. If the ti...
Trustee duties: Notifying the beneficiaries
If you've been named as trustee for the trust of someone who has died (the decedent), one of your first duties is to notify the relevant parties. The purpose of the notice is to bring the beneficiaries and heirs up to speed, give them a chance to review the terms of the trust, and provide a perio...
What’s the difference between “executor,” “administrator,” and “personal representative”?
If someone dies without a will, or they have a will but the value of their assets is over a certain amount (currently $150,000), the estate has to be administered through the court. This process is called “probate,” and it is a way to wrap up someone's affairs after death. It involves gathering t...
What is a “certification of trust”?
As trustee of a trust, you will often have to deal with third parties, such as banks or title companies. As the creator of the trust, this occurs when you need to transfer and re-title your assets. As a successor trustee, this happens when you need to gain access to trust assets. The third party ...
Is a “use it or lose it” vacation policy legal in California?
Wage and hour disputes can be costly for employers. This is why it's so important to make sure that your business complies with all relevant labor laws. One example where this is especially true is vacation days earned by employees and how they are handled. California law In California, vacation ...
What happens to my finances if I become incapacitated?
Developing an estate plan to direct the disposition of your assets after your death is a wise decision. But you should also plan for the potential of becoming incapacitated. If you become unable to attend to your financial affairs, because of a physical or mental disability, you will need someone...
Will a lawyer take my case for a contingency fee?
Attorneys' fees can be expensive, especially if litigation is involved. Not everyone has the cash on hand to pay an attorney up front, but they still have the desire to seek legal redress. This is where the contingency fee comes in, which allows a client to obtain representation for a case that s...
What is asset protection?
Asset protection refers to the process of utilizing legal techniques and taking advantage of existing laws to shield your assets from outside attack. It involves separating business and personal assets, so they do not become a liability to each other. (Proper asset protection planning does not co...
What is an “incorporator”?
If you've decided to form a corporation for your business, it has to start somewhere. The first step in forming a corporation is to file your company's Articles of Incorporation with the Secretary of State. The person who completes the filing and signs the Articles is called the “incorporator.” (...
Forming a corporation in California
Forming a corporation for your business can offer many advantages, including a more professional image, fringe and tax benefits, and asset protection. However, it involves more than just filing some paperwork. All proper steps must be taken to form the corporation. If you fail to do so, you run t...
What’s the difference between “mediation” and “arbitration”?
A trial is the most well-known culmination of a civil dispute: Two bitter rivals duking it out in court, calling witnesses, arguing before a jury, shouting “Objection!” and so forth. Trials are not only less exciting than depicted on TV, but they are also less common (at least as a percentage of ...
What happens if I die without a will or trust?
In light of the recent tragic death of Prince, it's helpful to look at the ramifications of an unfortunately common occurrence: Someone dying without a will or trust in place. The pop superstar left an estate valued at $300 million, but he did not have a trust, and no will has been found. If it's...
What is a UCC-1 financing statement?
When a person or entity grants or takes out a loan, the debt will generally be either secured or unsecured. A secured debt is one where the borrower pledges some kind of property as collateral for the loan. For a personal loan, it could be something like a car or a house. For a business loan, it ...
How much does a probate attorney cost in California?
Depending on the type of estate planning a person did prior to death, the estate might have to go through probate. Probate refers to the court supervised process of wrapping up the affairs of the decedent. The person in charge of this process is the personal representative (or executor or adminis...
The right of shareholders to inspect company records
If you are a shareholder of a corporation with its principal executive office in California, you have the right to inspect certain records of that corporation. California Corporations Code Section 1601 grants this right to shareholders. This includes access to the following: Accounting books ...
10 things to consider when thinking about estate planning
10 things to consider when thinking about estate planning A lot of people tend to postpone estate planning as long as they can, or they never get to it at all. However, even though it's unpleasant to think of one's mortality, it's always wise to plan ahead for the unexpected. If you have no esta...
Putting your house into your living trust
Putting your house into your living trust A house is often the main asset people own, and one that can cause a lot of problems after death. Once you have executed your living trust, it is important to have the ownership of your home properly transferred. If you fail to do this prior to your deat...