Lawyers Blog Blog,Legal How Does Estate Law work

How Does Estate Law work

March 24, 2018March 24, 2018 | David J. HernandezDavid J. Hernandez | 0 Comment | 2:48 pm
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The Law Offices of John N. Kitta Estate Lawyer; http://www.youareingoodhands.com/, provides comprehensive legal help in the area of estate law. Come by our offices in Fremont, California. You may be a client but we will treat you like one of our family. This is core to us because estate planning is a legal service that everyone will need whether they realize it or not. Estate planning covers a number of elements but it is simply providing for the continued management of one’s assets whether they have the capacity to do so our not. Careful and attentive estate planning takes into account the tax consequences of one’s estate based on the nature of that person’s estate and the location of that estate. A person’s estate could be anything from a simply bank account to ownership and holdings in real property and corporate interests.

If you take the time to check out our website at http://www.youareingoodhands.com/ many of your answers regarding estate planning can be answered. The following areas are some of the most frequently asked topics regarding estate law and planning Estate Law:

  • Organization and succession of family owned and operated businesses.
  • The division of real, personal and intellectual property and assets.
  • Conflicts and administration of matters regarding one’s social security disability trusts benefits.
  • The preparation of wills and trusts for generational familial assets.
  • The purposes and requirements related to durable and sometimes limited powers of attorney.
  • The design and creation of charitable trusts as well as trusts for minors and for certain people with special needs.
  • Internal Revenue Service and the State of California’s application of its Franchise Tax Board and negotiations involving general estate taxes.
  • The need for proactive planning to avoid or limit exposure of ones estate to probate court and conflicts regarding inheritance issues.
  • The relevance of estate planning and why one would need a living trust and what is a living trust.

There is no one formula for estate planning that suits all individuals. The proper legal advice is based upon the nature and extent of one’s estate. My office will sit down with you and do an estate audit of all of your business holdings, real property interests as well as potential future earnings still due to you such as annuities, stock and other investment yields. I will then outline some estate structures that you can engage in now as well as put into place in the future. It is not difficult once you realize that you only become aware of the need for estate planning once a crisis is already at hand.

For clients that have special wealth management needs I can help you as well. especially residents of California. Come on in. I can’t wait to be of service to you!

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The Basics of Understanding Disability LawThe Basics of Understanding Disability Law

August 22, 2018August 22, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 3:02 pm

The Americans with Disabilities Act of 1990, as well as the many laws associated with it, was signed as a way to provide protection to individuals who were constantly the victims of discrimination. This act, as well as the laws under it, put a stop to this problem. While it places focus on every aspect of the disabled person’s life, specific emphasis was placed on employees with disabilities and their mistreatment in the workplace. Law offices like www.parmelelawfirm.com, for example, are well versed in these laws and can answer any questions businesses have regarding these matters.

How Can Businesses Can Be Proactive?

Business owners and managers must be aware of disability laws to make sure they are being followed and adhered to within their workplace. Educational institutions, government institutes, and private business are all bound by these laws no matter how many people are employed. However, the rest of the businesses must have at least fifteen people or more on their payroll in order to be bound by these laws. Businesses must make some accommodations to help the employee perform their job duties, but it should not put undue stress on how the day-to-day operations run. For example, the business should not experience any unnecessary hardships as a result of this new hire.

What Are the Basics of the Law?

The basics of the law state that, if a disabled person is qualified to perform the tasks associated with the job, the business does not have the right not to hire them for that specific position. Doing so is a form of discrimination under The Americans with Disabilities Act. Furthermore, if this person must not be hindered from performing the duties associated with the position they were hired for based upon the fact that they are disabled. This is another form of discrimination that is not tolerated under the 1990 act. If termination occurs based upon their disability, then the business is also discriminating against this person.

Provisions Does Not Mean Special Treatment

The Americans with Disabilities Act of 1990 does not mean the employee requires special treatment or does not fall victim to standard company downsizing. For example, if the employee is not performing up to par or meeting expectations alongside other employees who are not performing well on evaluations, they must be held accountable in the same way. As with company downsizing, businesses are not expected to keep a person on the payroll just because they are disabled. If the company is required to cut an entire department and some of those people on the payroll are disabled, then that is what must occur. For those businesses that are truly concerned about these matters, they should get in touch with law firms like www.parmelelawfirm.com with their questions.

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3 Times To Consult a Lawyer3 Times To Consult a Lawyer

May 5, 2019May 5, 2019| David J. HernandezDavid J. Hernandez| 0 Comment| 3:04 pm

As an individual who worked as a paralegal for a couple years after college, I am a huge proponent of consulting lawyers when you have problems that need to be resolved with the help of a professional. That being said, what are three specific instances in which you should consult a lawyer. First, I’d say you should consult a lawyer when you are going through a divorce. This is a crazy time where the emotions of both spouses are heightened and things can get really ugly really fast. I was a family law paralegal and saw this day in and day out. When you get divorced there are so many different little things to consider that consulting with a lawyer is in your best interest.

Second, I’d say you should consult a lawyer when you are needing the declare bankruptcy. Hopefully this never happens to you, but given the economic status of the United States, I’ve seen a lot of people struggle financially. Declaring bankruptcy is a big deal since it affects you in a very real way for at least 7 years, but in reality for your whole life. Rather than running into it too hastily, I suggest consulting with a lawyer beforehand to really see if that is your best option.

Third, I’d say you should consult a lawyer when you are charged criminally with a crime. Once again, I sure hope you don’t find yourself down this road, but everyone is entitled to representation. Even those individuals who can’t afford a lawyer can have a court appointed one. The law has many intricacies so it is best to speak to someone who has made it their career to understand the law and help other people. This is crucial depending on the severity of the crime because you could end up in jail forever. It is important to speak with a lawyer who specializes in your particular issue.

For instance, our attorney is a worker’s compensation specialist. When an attorney specializes in your legal issue you know you are going to be well taken care of because they have a lot of experience with it if it is all they focus on and spend their time doing. So regardless of what preconceived notions you have about lawyers, there are some times where you should definitely consult with one.

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What Does Your Social Security Disability Attorney Need to KnowWhat Does Your Social Security Disability Attorney Need to Know

August 25, 2018August 25, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 2:37 pm

Sometimes people need the assistance of a social security disability attorney to help them with the claim that they need to file. Because this is a federal government program that has been designed to support citizens who can no longer work due to a disability, people can take advantage of these finances when they need it most. However, before an individual can secure the funds from this kind of program, there is a process that they will need to adhere to, and it is managed by the social security administration.

Even though the benefits are available to citizens when needed, there is process of approval that people will need to follow very closely prior to being granted the finances for their specific situation. Also, due to the complexity of this program, its not uncommon for an individual to seek out the assistance of a SS disability attorney in the initial stages of the process. Therefore, before an individual meets with this kind of attorney, there is some information that they will need to gather so that it can presented for their review.

What items should the individual disclose to their SSD attorney

Previous Work History Information

In order for an individual to obtain help from the social security disability program, they will need to meet specific requirements. One common requirement that people must meet is a certain amount of work credits in order to qualify. Therefore, the person who files the claim must have this kind of information available to present and review with the attorney in the first initial meetings. It is also important to note that the injury that the person has sustained or the illness that they have been diagnosed with must be serious enough to remain off the job for an extended period of time. The list of illnesses and injuries are currently maintained by the social security admininstration so people can review the social security administration site to see how the injury or illness applies.

Medical documentation

If the condition that the person has is on the list, they will need to make sure that they have the appropriate amount of documentation from their physician. The medical documentation should contain the date that the person is expected to be out of work. Specifically, if the illness, disease or injury is expected to last one year or more. In some cases, the social security administration is normally looking for a condition that is serious enough to pay the person while they are off work recovering or until the person’s demise. Regardless to the circumstances, this information should be supplied to the SSD attorney if they want the attorney to win their case in court or settle it on the outside.

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