The best advice I give my clients about avoiding arrest and conviction for a drunk-driving charge is simple: Don’t drink and drive. Unfortunately, there are many people out there who fail to heed this simple advice. In these cases, there are a few important guidelines to keep in mind should you be among those pulled […]
When people come to me seeking advice and assistance on estate planning, it’s generally because they want to make sure their loved ones avoid the expensive and time-consuming process of probate. Horror stories around this issue occur all the time. Here’s just one: Barry, a retired surgeon with a large estate (including a house, many […]
Generally speaking, people own two kinds of real estate – a primary residence and/or investment property (residential rental, commercial real estate, etc.). So when the time comes to design an estate plan, the natural question is: Should I put my house or investment property in my living trust? There are several factors to consider before […]
In this economy, losing one’s home to foreclosure is a scary but very real possibility. The very thought of it brings a state of despair and an overwhelming sense of helplessness. That being said, in many cases, a missed mortgage payment (or even several) doesn’t automatically cause you to lose all of your rights to […]
A Chapter 7 bankruptcy is a legal action that allows a person to eliminate most of his or her debts. With respect to unsecured debts, such as general consumer debts, credit card debts, and any other debts that aren’t secured by some form of collateral, the vast majority, if not all, will be wiped out. […]
There’s a familiar—and dangerous—cycle I regularly see with regard to debt and bankruptcy relief. Many people come to the conclusion that they’re carrying more debt than they can afford, so they file for bankruptcy, get relief from those debts, and then fall into the same debt-incurring behavior. Eight years pass, (the legal period between filing […]
The principle behind laws regarding child support in California is very simple. The parents of children born in the course of a marriage (or conceived out of wedlock) are legally responsible for the financial support of their offspring, regardless of whether or not those parents are living with their child(ren). Typically, an order for child […]
In today’s economy, many people find themselves underwater with regard to their monthly expenses. When their total monthly debts amount to more than the money they’ve got coming in—and, as is usually the case, the monthly mortgage payment represents their larges expense—people sometimes opt to neglect this big debt and pay off their smaller, more […]
In California, there is a presumption that, in general, a mother and father (or domestic partners) can work together to raise a child jointly, even after they no longer live in the same household. This is referred to as “joint legal custody.” It involves collaborating on decisions that directly affect the health, welfare, education, and […]
In California, “community property” is defined as the marital interest in an asset or debt that was obtained or incurred between the date of marriage/registration of a domestic partnership and the date of separation. When I initially sit down with a client who’s going through a divorce or dissolution of domestic partnership, I start by […]