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By Arash Shabany, Law Clerk, The Law Firm of Foster Krueger  What is a PAD?A legal instrument that has recently grown in popularity is the Psychiatric Advance Directive (PAD). The PAD lets you clarify your mental health treatment preferences in advance of a mental health crisis, while you are capable of making decisions about your care.
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By Arash Shabany, Law Clerk, The Law Firm of Foster Krueger  The Real ID DilemmaWith Real ID now fully implemented across the country, many Americans are discovering that the name on their driver’s license or state-issued ID does not match the name listed on their birth certificate or other legal documents. Whether due to marriage, divorce, adoption, clerical errors, or years using a different name, these discrepancies can prevent you from obtaining a Real ID, which is required for traveling domestically and entering federal buildings. While there are temporary workarounds at the airport, the only permanent solution is to correct the record through a legal name change.
 Planning for the End - A Series of Free Community ProgramsThe Law Firm of Foster Krueger has partnered with the AAUW and Peggy Martin of Family Wealth Consulting Group to provide an essential and helpful series of free events. The first of which, on "The Basics" of estate planning presented by Del Foster, was held at the Morgan Hill Library last week, but there are three more upcoming programs in the series. Mark your calendar for:
By John C. "Del" Foster, Attorney at Law and Certified Specialist Estate Planning, Trust and Probate Law  New Federal Reporting Requirements Effective January 1, 2024Effective January 1, 2024, the Corporate Transparency Act, 31 U.S.C. § 5336, requires, with some limited exceptions, all newly-created domestic and foreign corporations and other legal entities to submit certain information about their beneficial owners directly to the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCen”).
By John C. Clark, Attorney at Law  California law provides a procedure for avoiding the probate of an estate if the total value of the estate falls below a certain threshold and satisfies other conditions. If the estate qualifies as a “small estate,” the executor of the will or next of kin (in an intestate estate) may collect assets without the need to file a petition in probate court to accomplish the same, thus saving significant time and expense.
By John C. Clark, Attorney at Law  Is your website a "place of public accommodation"?Title III of the Americans with Disabilities Act (ADA) forbids discrimination on the basis of disabilities and requires that “places of public accommodation and commercial facilities to be designed, constructed, and altered” in compliance with standards for accessibility. Since the ADA was enacted in 1991, when company and commercially based websites were mostly non-existent, the issue of whether websites constitute “places of public accommodation” and subject to ADA compliance has been in need of some definition and guidance.
By Christen E. Bourne, Attorney at Law  During the holiday season many of us are frantically searching for the perfect holiday gifts for our loved ones. But we must not forget to add yet another thing to our holiday to-do list—considering any legal implications which may result in your loved ones receiving less than what you intended to give. 'Tis the season to pause and reflect on the Federal gift and estate tax.
By Sean P. Dougherty, Associate Attorney  A Behind-the-Curtains Look at the Enormous Price of a Probate in CaliforniaWe bet you’ve heard that lawyers are expensive, right? For that reason, many people think they can’t afford an estate plan. But consider this – can your children afford for you not to have an estate plan?
By John C. Clark, Attorney at Law  Change is InevitableYou set up your revocable living trust because of its flexibility to function as a living document. As we grow older, circumstances change that necessitate corresponding changes in our estate planning. This article briefly and generally explains how to change, or revoke, your living trust.
By Tyler P Krueger, Attorney  When a trust grantor passes away, their revocable inter vivos trust becomes an irrevocable trust. When the trust becomes irrevocable, the designated trustee becomes responsible for administering the trust. A trustee that accepts this responsibility has an obligation to administer the trust for the sole benefit of the named beneficiaries in the irrevocable trust document[1]. Unfortunately, some trustees disregard this responsibility and take advantage of their power and resources to benefit themselves. What safeguards can a beneficiary use to protect themselves and their inheritance?
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The Law Firm of Foster Krueger, APCFormerly Rusconi Foster & Thomas APC, we're located in Morgan Hill, California serving Santa Clara, San Benito, Santa Cruz, and Monterey Counties since 1956. Archives
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