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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”).
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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?
By Tyler P Krueger, Associate Attorney  If You Fail to Transfer Property to Your Trust Before Your DeathA revocable trust—also called a “living trust”—is a legal tool that is frequently used as part of an estate plan. There are many benefits to using a trust, including the ability to transfer your property where you want after your death. The great thing about a revocable trust is that you can modify it any time during your lifetime. To ensure that your loved ones are spared any legal hassles, it’s important to do things right.
By Sean P. Dougherty, Associate Attorney  What happens when you leave your grandchildren a gift in your trust?It’s very common for grandparents to want to leave a little something for their grandchildren. After all, it’s a grandparent’s job to spoil their grandchildren, right? If you’re a grandparent, you may choose to leave each of your grandchildren a special gift of cash—or even a home for them to live in someday—in your trust.
By Christen E. Bourne, Attorney at Law  What does divorce have to do with estate planning? Quite a lot, as it turns out.It is estimated that between 42% and 45% of marriages in the United States will end in divorce.[1] In California, the divorce rate is even higher—approximately 10% above the national average.[2] Not only is divorce emotionally wrenching, it is also fraught with legal complexities—with nuances you may not even be aware of. If divorce is on the horizon for you, it is important to understand the impact of divorce on estate plans. This is something many people have probably never thought about.
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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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