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.

In this situation as in many others, the law often lags behind the issues of the day.   This leaves individuals, including estate planners and professional fiduciaries with the question of how to counsel clients as to assets both now and in the future.  Presently, the California Probate … Read More

As a practice serving the legacies of families and their businesses, numerous tools need to be at-the-ready to fit the situation.  When it comes to an intimate family business owned by two individuals, there is a particular corporate structure that may be considered:  the Close Corporation.

Many think of them as a partnership dressed as a corporation.  A close corporation refers to a corporation under Corporations Codes Section 158 and 300(b).  In general, this type of corporation involves situations with few shareholders.  It is ideal for situations where the owners prefer flexibility, preferring to streamline the usual formalities of … Read More

Mary Piasta Keynotes Upcoming CarePartners Initiative Program

Five Common Legal Issues Caregivers May Face

In her upcoming keynote address at the CarePartners Initiative Forum on May 6, 2023, SLP partner Mary Piasta combines her estate planning experience with a passion for protecting what matters most to provide a comprehensive overview of the most common legal issues that caregivers caring for older adults with dementia need to consider:

1. Power of Attorney
2. Advance Directives
3. Estate Planning
4. Putting Together a Care Team
5. Thoughts on Skilled Nursing and Hospital Stays

Caregivers traverse an unknown terrain of new responsibilities. Come learn how foundational legal documents … Read More

Sometimes an estate goal is to effectively omit someone from the parade of beneficiaries. This type of disinheritance must be done properly to minimize the risk of litigation and maximize distributions to intended beneficiaries.

In 2010, California law added hoops to make disinheritance more difficult to withstand a contest. This law does require specific language in a bequest. California law presumes that direct heirs (children and spouses) will be provided for in one’s estate planning.  That said, California, unlike Napoleonic countries does not require this type of gift.

In California, one cannot simply omit them from their Will and/or Trust. … Read More

Estate Planning

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.

Top 10 Year-end Estate Planning Checklist

1. Personal Status ‒ My health, wealth, and chosen decision-makers are still the same  Yes  No
2. Legal Guardians ‒ The legal guardians I’ve selected for my minor children are up to date and consistent with my wishes?  Yes  No
3. Legal Documents ‒ I have my legal documents in place including a power of attorney, health care directive, will and (when needed) trust  Yes