Jun 7, 2017 | Questions and Answers
Under California law, for the most part, oral contracts are valid and enforceable. However, California (as well as most States) require by statute that particular types of contracts, in order to be valid and enforceable, need to be in writing (versus oral contracts)...
May 22, 2017 | Questions and Answers
As attorneys practicing business law in California, we are frequently asked by business owners and potential business purchasers what they need to consider if they were to sell their business or to buy a business. Although it is a very good question, it is also a...
Apr 10, 2017 | Trusts & Wills
In California, a revocable trust is typically created to hold property so that should the person who created the trust, called a settlor, ever lack the capacity to care for themselves, the trust will hold the property for the benefit of that person during their life...
Apr 4, 2017 | Advanced Healthcare Directive Power of Attorney
Typical Powers of an Agent in a Power of Attorney Powers of Attorney are often created by individuals who are planning ahead for the possibility of future incapacity, by someone who is already elderly and/or ill, or when a person is going to be away for an extended...
Mar 27, 2017 | Questions and Answers, Trusts & Wills
In part 1 of our blog series we focused on many basic trust administration terms. Part 2 continues this list and as previously, will not go into the more complicated aspects of long-term trusts, the numerous types of trusts, or complicated aspects of trust taxation...
Mar 22, 2017 | Questions and Answers, Trusts & Wills, Uncategorized
In estate planning and decedent estate practice, there are many terms that you may not have heard before. Or there are terms that have a different meaning in the estate planning and decedent estate context. We hope this series of blogs will help demystify estate...
Feb 28, 2017 | Probate, Property, Questions and Answers
Real property that was properly funded into a trust prior to the death of the settlor(s) (defined as the person(s) who created the trust) does not need to be probated in California. However, upon the death of the settlor(s), there are some necessary steps a successor...
Jan 23, 2017 | Questions and Answers
Yes, it has a funny name and no, it is not something you eat. California recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Digital assets are those types of assets that are accessed by tangible devices like computers, smartphones,...
Nov 28, 2016 | Questions and Answers, Trusts & Wills
In a previous blog focusing on trusts created in California, we discussed the importance taking the final step of funding your trust once you have created the trust. So what happens if you forget to fund your trust or if you tried to fund your trust during your life...
Nov 21, 2016 | Questions and Answers, Trusts & Wills
If you have a trust and live in California, you have probably run across the phrase, “funding the trust.” Simply put, funding the trust is nothing more than placing assets into your trust (versus keeping them in your estate). The term...
