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Trump and the Estate Tax
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With the Trump administration in full swing we are eager to see the fate of the federal estate tax. At the end of this year, the annual estate tax exemption amount, currently at $13.99 million per person, is to sunset and revert to $5 million, adjusted for inflation, which will likely be around $7 million, unless Congress passes further legislation to keep the current exemption amount or repeal the estate tax all together. President Trump has expressed his desire to either extend or repeal the estate tax, although, as for now, he has yet to make any official move on … Read More
Dr. Genevieve Roche, physician turned wine entrepreneur
Born in Cordelia, Calif., on May 10, 1916, the former Sylvia Scarafoni moved to Sonoma in 1927 with her parents, who ran a dairy farm in Schellville. Sylvia was the second child of Italian immigrants who ran a dairy farm in Schellville. In 1936 Sylvia married her childhood sweetheart, August Sebastiani, and became his partner in Sebastiani Family Winery, founded by August’s father, Samuele, in 1904. Sylvia focused most of her attention on the home and was known as a superb cook, often preparing feasts of classic Italian dishes for August and his customers and colleagues. In the 1960s, Sebastiani … 
Genevieve was born in 1939, to Oxnard farmers John and Elvira Donlon. She was the eldest child of this first-generation American family as her father emigrated from Ireland in 1921. Growing up in Oxnard, Genevieve would spend her free time playing with her younger brother Shane, swimming at the Ventura State beach, playing various sports and mastering the piano. She excelled in school, both academically and in team sports. She was a star basketball player on her girls’ high school team and served many aces for her school team on the tennis court. Genevieve became the first college graduate in … 
Lastyear signaled a major shift in corporate reporting in California. In short, the Corporate Transparency Act (Act) came into effect January 1, 2024 requiring certain companies to report on beneficial ownership. While business lawyers at SLP have been preparing for the new reporting requirements under the Act, there have been legal challenges to the Act making its implementation uncertain. Most recently, a federal district court in Alabama has ruled on a case which attacked the constitutionality of the Act. Last week the federal district court ruled that the Act is unconstitutional because it was not within Congress’ enumerated powers. While … 
A living trust lets you manage your assets such as money, property, and business interests, with you as the one in charge as trustee. It also provides for how you want your assets managed if you are unable to do so. In those situations, a successor trustee named by you will manage your assets to your benefit during your lifetime and then distribute those assets to your beneficiaries as named in your trust without going through and paying a court.
At its core, gratitude lets us appreciate the here and now instead of always looking for something new to make us feel happier or more fulfilled. As a recent Harvard study notes “Gratitude helps people refocus on what they have instead of what they lack.”
As our world becomes increasingly digitized, when we die, we leave an expansive digital footprint. For many, this footprint includes assets, intellectual property and other information such as copyrights, photos, pictures, messages, digital currenc(ies), passwords and more. An ever increasing question is who has access to these things after we leave the planet.
Caregivers traverse an unknown terrain of new responsibilities. Come learn how foundational legal documents … 
Simply stated, SLP lawyers give our clients a competitive edge. Every one of us attended top-ranked law schools, learned our craft from well-recognized legal teams affiliated with sophisticated law firms, and maintain close ties to the communities we serve. We want to be the lawyers you trust to have your best interests at heart, and to go the distance for our clients. As business strategists, we trail blaze an entrepreneurial approach to legal services that realigns traditional service models. How do we do this? Read on.
ex-Partner Thomas A. Haeuser (retired) takes on new role as SLP advisor and community leader
A tool in California that asset protection lawyers use is a Delaware Statutory Trust, otherwise known as a DST. The mechanics are rather simple and set forth in the Delaware Statutory Trust Act. One erects the business structure with the appropriate documentary filings including the naming of non-California agents to act on behalf of the trust. These things together act to limit liability by having the official actors out of state. The out-of-state defendant is harder to involve in a California lawsuit.
A recent legacy case illustrates how Proposition 19 impacts grandparents wishing to leave their family vineyard property to their granddaughter.
We can work with you to review your business, real estate, and family holdings for tax issues to craft and maintain your succession plan for life, and what comes after.
Introduction to Elder Abuse, Capacity and Undue Influence
One of the major exclusions from property reassessment is the exclusion of real property that is owned by a legal entity, such as a corporation, partnership, or LLC, as provided in Revenue & Taxation Code section 64. In a nutshell, it provides that when realty is owned by a legal entity, certain changes in the ownership of the entity do not constate sale of the realty itself, unless a new person or entity gains control of the entity. For example, if real property is owned by a corporation, shares of … 
Results-driven representation in key areas of law including issues impacting women
In 2020, AB 5 was a big topic of discussion as it narrowed the appropriate use of independent contractors. This year there are two legal actions that loosen the corset of AB5. 
Step One – Within one business day, an employer must provide notice to employees, employers of subcontracted employees, and representatives of them that includes all of the following. 
SLP Law has more and more clients looking to transition their businesses whether they are new or even legacy businesses. Other times circumstances dictate the need for a business transition like death, divorce, or bankruptcy. In either case as it may be understanding the circumstances for the sale is an important driver to dictate various terms. Of course, clarity in dealings of this nature can add to peace of mind. A short list of considerations is as follows:
constraints resulting from the pandemic, business owners are now confronted by an increase in minimum wage and additional protocols for COVID-19 reporting. On the flip side, the restrictions on independent contractor relationships imposed by AB-5 have been relaxed, and the California Secretary of State has launched a business portal for routine filings. Finally, the sweeping implications of Proposition 19 concern business owners and individuals seeking to transfer real property to their children. 
The current 2020 unified federal estate and gift tax lifetime exemption amount is $11.58 million. This amount is scheduled to increase with inflation through December of 2025, at which point it reverts back to the 2017 level of $5 million.
California is facing some interesting hurdles right now, even outside of the recent wave of COVID-19 and threat of forest fires. Rising commercial office space vacancies, small businesses closing down, and record unemployment and poverty numbers are, however, facing every state in the Union.
The United States Patent and Trademark
As we enter the new year, it’s a good time to do what HVP Law calls a legal checkup. This is a yearly review of your needs for your life, businesses and estate.
In this day and age of websites, blogs, coaching programs and such, if you own a business that has these things, if something were to happen to you, what would happen to these things?
No doubt many parents are wishing that colleges these days would decrease tuition as online curriculums for fall classes commence. Yet in this time of COVID-19, here are some important things to reckon with as you prepare to send your 18-to-19 year- old to college.
This past summer the State Supreme Court drummed in again to Uber & Lyft that ride-share companies like themselves must be in compliance of CA State Law AB 5, meaning that they must classify their drivers as employees.
When we talk of asset protection, many think of bankruptcy. But there is a social norm with this type of word preventing many from considering it seriously. The truth is that many very wealthy individuals in our country are not so dissuaded and utilize filing for bankruptcy as a means to preserve wealth.
Businesses should be wary of language in contracts. Attempting to promise that amounts of money borrowed in particular could read in a phrase such as… “shall be payable without regard to the existence or notice of existence of any dispute, litigation, bankruptcy, or arbitration. Unless, the issuer is prevented from doing so by a court of competent jurisdiction.” These types of clauses run directly afoul of the automatic bankruptcy stay.
Legal Strategies for Blended Families
by Mary Piasta
By Mary Piasta
by Mary Piasta
by Mary Piasta
COVID-19 exacerbates worries and fears for everyone. What steps can you take to stay safe from a financial and legal perspective? Now is the right time to improve your business and estate planning with practical financial steps and legal documents to protect your assets now and in the future. The solutions may vary by circumstance, but the practical tips below will provide you with concrete ideas you can use right away.
There are lots of questions about the anticipated changes to the PPP loan that is awaiting presidential signature. Assuming the legislation is signed as passed, our lawyers consulted with local tax manager Nate Lamar, CPA of Pisenti & Brinker LLP to shed some light on this complicated interplay of laws, tax and regulations.
Since the onset of the Coronavirus wineries have been operating at a slower rate than normal, by at least more than 60 percent according to Wine America – the national association of wineries.
In response to the pandemic, various governmental bodies have acted to provide protections for residential and commercial tenants. There is a broad eviction moratorium in effect throughout the state as the Judicial Council of California issued an emergency rule effectively prohibiting evictions for 90 days after the lifting of the Shelter in Place requirements.
My team is fielding numerous calls from panicked landowners who have been served with notices. “How can I reduce this $7,000 fine?” They ask. “We paid our Transient Occupancy Tax – through Airbnb?” “And, what about Penalties?” The list from clients goes on and on.
A solid estate plan in its simplest sense is a roadmap. It sets the decision-makers for when you cannot make them before you die and then after you do so. Specialized planning can also minimize your long term care expenses or eliminate them all together. Of course, a solid estate plan documents your wishes with respect to your worldly belongings to be distributed according to your stated desires.