A trust litigation attorney becomes necessary when disputes arise during the organized distribution of property from one generation to another, e.g. heirs and beneficiaries. Typically, a trust is constructed in such a way that instructions are clearly stated. However, despite a well-crafted trust document being in place, legal issues can and do still come up, …
Any relationship between two parties in a transaction where at least one of the parties is required to act in good faith and for the benefit of the other party is said to be a fiduciary relationship. One of the most common examples of this is that a lawyer retained by a client, the attorney …
One of the easiest and most important things you can do to protect your financial affairs is to arrange for another person to manage your finances if you become incapacitated for any reason. Although many people overlook this important step, if you don’t set up a financial power of attorney, your assets could be thrown …
Designating a financial power of attorney is an important estate planning tool Read More »
What does an executor of a will do? Being named the executor of a will brings with it a wide variety of important duties that must be carried out to meet the wishes of the decedent. If you have been named as an executor, here are several of the functions you may need to undertake: …
The Executor of Will Checklist: Duties & What to Do Read More »
If you are the beneficiary named in a will or a trust in California, you have several rights and responsibilities you should consider as you move through the process of settling an estate: Know your rights for your particular situation. Not all wills and trusts are the same. And not all beneficiaries are entitled to …
Know your rights as a will or a trust beneficiary Read More »
Over the course of the past several years, many laws have been enacted to deal with the ongoing problem of workplace discrimination. In broadest terms, these laws prohibit an employer from discriminating against an employee on almost any grounds except as it relates to job performance or personality. The best known of these laws is …
When an employee suspects that their employer is acting illegally in a way that could compromise the health and safety of others, they can report these actions as part of a whistleblower complaint. Whistleblowers may also file complaints about financial irregularities when they believe corporate or publicly traded company fraud exists. Depending on the nature …
Whistleblowers are protected by state and federal laws Read More »
Although stockbrokers and brokerage firms legally have an obligation to act in the best interests of their clients, unfortunately, that does not always happen. In a high-stakes financial situation, you could find yourself the victim of misconduct by your financial representative for any number of reasons, including: Churning Misappropriation Unauthorized trading Failure to diversify Misrepresentations …
Using arbitration to resolve securities disputes Read More »
If you’ve been in business for any length of time, then you know clashes and disputes are all part of conducting business, whether you like it or not. Sometimes your disputes will be with clients or shareholders, at other times you may run up against regulatory agencies or employees. And at other times, you just …
Seeking legal help to remedy partnership disputes Read More »
Although we don’t like to think about it much, the simple fact is that we could become incapacitated or unable to communicate at any time. A car accident, a heart attack, becoming the victim of a crime or any other number of life events could lead to a situation where you become unconscious, fall into …
The benefits of an advanced healthcare directive Read More »
A power of attorney document gives you the ability to appoint a person or an organization the right to manage your affairs if you become incapacitated and can no longer do so for yourself. You can designate anyone you trust to act as a power of attorney. In many cases, people name an actual lawyer …
When a person passes away, it can take several months, even several years to administer the person’s estate. Depending on the complexity of the estate, the number of beneficiaries and the types of assets involved, the amount of work to conduct probate administration could be considerable. For some estates with few assets, it may be …