Attorney Blog

Protecting Your New Family With An Estate Plan

  • Jul 28 2017

Becoming a new parent is a life changing experience, and caring for a child is an awesome responsibility. This is also the time to think about your child’s future by asking an important question: who will care for your child if you become disabled or die? The best way to put your mind at ease is by having an estate plan. The most basic estate planning tool is a will, which enables a person...

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An Overview of Foundational Corporate Documents

  • Jul 25 2017

There are a number of steps to form a corporation, including selecting a name, obtaining the necessary licenses and permits, paying certain fees, and filing foundational documents with the appropriate state agency. While an attorney can help prepare and file the required papers, the owners, officers and directors should have a basic understanding of these documents. Articles of Incorporation The first underlying document is the Articles of Incorporation, which states the corporate name, business...

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Family Business: Preserving Your Legacy for Generations to Come

  • Jul 3 2017

Your family-owned business is not just one of your most significant assets, it is also your legacy. Both must be protected by implementing a transition plan to arrange for transfer to your children or other loved ones upon your retirement or death. More than 70 percent of family businesses do not survive the transition to the next generation. Ensuring your family does not fall victim to the same fate requires a unique combination of...

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Responsibilities and Obligations of the Executor or Administrator

  • Jun 13 2017

When a person dies with a will in place and no trust, an executor is named as the responsible individual for winding down the decedent’s affairs. In situations in which a will has not been prepared, and there is no trust, the probate court will appoint an administrator. Whether you have been named as an executor or administrator, the role comes with certain responsibilities including taking charge of the decedent’s assets, notifying beneficiaries and...

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Wage Orders Update!

  • May 19 2017

It’s already been a busy year for employers with lots of action from the California Legislature, federal and state agencies, local governments, and our courts.  Wage and hour employment law has received a lot of attention from policy makers, enforcement agencies and the courts. California’s Department of Industrial Relations (DIR) regulates wages and hours of employees with documents called Wage Orders.  There are 17 Wage Orders, each one specific to the industry or occupation...

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Summer is Coming! Preparing for Heat Illness Prevention

  • May 12 2017

Warm weather is on its way, and employers with outdoor places of employment should prepare now to ensure their employees have a safe workplace.  Heat illness is a serious medical condition resulting from the body’s inability to cope with a particular heat load.  Heat illness can cause damage to the brain and other vital organs, even death.  Many factors can lead to heat illness, including: Exposure to high air temperature and relative humidity; Exposure...

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New Regulations on Employers’ Use of Criminal History

  • Apr 26 2017

Effective July 1, 2017 California’s Department of Fair Employment and Housing (DFEH) issued new regulations on employers’ use of criminal background information in hiring decisions. The new law prohibits employers from using or seeking criminal history information that has an adverse impact on a protected class, unless the information sought is job related.  Further, employers are required to provide written notice to the applicant explaining a decision to not hire based on criminal history....

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What is Pre-bankruptcy Credit Counseling?

  • Apr 13 2017

By: William E. Winfield, Esq. Today, individuals who are seeking relief under Chapter 7 or Chapter 13 of the Bankruptcy Code are required to complete credit counseling with an agency approved by the U.S. Trustee’s office. The purpose of pre-bankruptcy credit counseling is to determine if the debtor qualifies for bankruptcy or whether an informal payment plan is a better option. In any event, credit counseling is necessary even if a payment plan is not feasible....

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What Nonprofits Need to Know about Charitable Gifts

  • Mar 30 2017

Tax exempt organizations may accept contributions of cash or property.  A tax deduction is allowed for any charitable contribution of which is made within the taxable year under IRC Section 170(c).  The organization has an obligation to substantiate contributions for the donor’s income tax deductions purposes.  A gift acceptance policy will serve as a guideline and help board members and staff to determine what gifts are acceptable and establish the organization’s role. Substantiation Requirements...

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Considerations in Converting a For-Profit into a Nonprofit

  • Mar 14 2017

Business owners may decide to make the switch from a for-profit corporation to a 501 (C) (3) tax-exempt nonprofit organization when their purpose has shifted from making a profit to furthering a social or charitable cause. There are several factors to consider before making this important decision which include the loss of individual control, primary goals and activities of the corporation and the appropriate method of transition. A nonprofit corporation is a legal entity...

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