Attorney Blog

Estate Planning and the New Trump Administration – What Does the Future Look Like?

  • Dec 21 2016

President-elect Donald Trump’s tax reform plan includes the elimination of federal transfer taxes. Although this move has been backed by many congressional Republicans, and some Democrats, as well as many in the general public, estate planners and tax advisors are preparing for the possible impact the proposed reform will have on estate planning. Estate planners are preparing for the possible consequences, even though there are still unanswered questions. For example, if the Trump plan...

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Newly Revised Form I-9, Effective January 2017

  • Nov 28 2016

Federal Law requires that employers complete Form I-9, Employment Eligibility Verification, for every new employee hired after November 6, 1986. The Department of Homeland Security has updated the I-9 Form effective January 22, 2017. Employers must use the new version, dated 11/14/16. If you have any questions regarding the new Form I-9, please do not hesitate to contact an employment law attorney at Schneider’s & Associates, L.L.P. for advice or counsel.

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Can You Keep Pot Out Of Your Workplace After Proposition 64?

  • Nov 18 2016

California voters passed Proposition 64, the Adult Use of Marijuana Act. Prop 64 legalized the recreational use of marijuana by adults 21 years old and over. Despite the passage of Proposition 64, smoking or ingesting marijuana in public will remain illegal, as will smoking or ingesting marijuana in places where smoking tobacco is prohibited. Similarly, driving under the influence of marijuana will remain unlawful. How will this affect the workplace? Employers need not fret,...

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Win Your Real Estate Lawsuit With Interlocutory Judgment

  • Nov 1 2016

It’s not unusual for family relatives to co-own real estate: parents leave the family home to all their offspring as investment property, or siblings pool their inheritance from a deceased parent and purchase investment property. But then time passes, and eventually, there will be a sibling who does not wish to co-own property with her siblings any more. Or one of the co-owners is unable or unwilling to contribute financially to upkeep, taxes or...

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If I’m planning on filing bankruptcy, can I take on more debt?

  • Oct 31 2016

It seems like a perfect plan. If a consumer is about to declare bankruptcy to discharge all or most of his or her debts, why wouldn’t that consumer try to increase his or her credit card debt as much as possible to maximize the benefit granted by bankruptcy protection? The answer is simple.  It won’t work. Generally speaking, credit card debts are dischargeable in bankruptcy. However, a bankruptcy trustee examines a consumers spending in...

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Wage and Hour Settlement Needs Court Approval

  • Oct 13 2016

By: Kathleen Smith, Esq. When the volleys of accusations and defenses have played out in litigation, parties usually agree to settle their lawsuit. Typically, litigants are free to negotiate a mutually agreeable—and mutually disagreeable—settlement without involving the court other than to file a Request for Dismissal. But in a PAGA case, the parties must obtain a court order approving settlement of Plaintiff’s penalty claims. The Labor Code “Private Attorney Generals Act”...

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The Revocable Living Trust

  • Oct 11 2016

By Roy Schneider, Esq. There are many benefits to a revocable living trust that are not available in a will.  An individual can choose to have one or a combination of both, and an attorney can best clarify the advantages of each.  If the person engaged in planning his or her estate wants to retain the ability to change or rescind the document, the living trust is probably the best option since it is...

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Oral Contracts & The Statute of Frauds- Is The Agreement Binding?

  • Sep 26 2016

By Ted Schneider, Esq. There is a widespread misconception that verbal contracts are unenforceable.  A contract made orally with another party, without embodying the particular terms in a signed writing, can still be valid and binding. However, without a signed writing, any disagreement between the parties concerning the deal terms will create multiple problems for both parties. In order for a court to enforce a verbal contract, each party will have to try to prove...

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Inheritance Laws Involving Legal Rights to Property After a Death

  • Sep 16 2016

By Roy Schneider, Esq. Inheritance laws involve legal rights to property after a death and such laws differ from state-to-state.   Heirs usually consist of close family members and exclude estranged relatives.  Depending on the wording of a will or trust, an individual can be intentionally, or even unintentionally, disinherited. In most cases, spouses may not be legally disinherited from his or her share of the community property and, even in some cases, from the...

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Planning Your Estate- Episode 2: Trusts

  • Sep 2 2016

Attorney Roy Schneider speaks about Estate Planning and Trusts. Subscribe to our channel to keep seeing tips like these. Schneiders & Associates, LLP is a premier Ventura County law firm successfully counseling individual and business clients in matters relating to business transactions, business litigation, employment law, estate planning, real estate law, bankruptcy, homeowners associations, non-profit law, family law, intellectual property, land use and entitlements. www.rstlegal.com (805) 764-6370 300 E Esplanade Drive Suite 1980 Oxnard,...

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