Assets Everlasting: what will happen to our assets once we pass away?

If you do not take control of the distribution of your assets, the state will.  Unless you create and place your assets in a trust before death, your assets must go through the California probate courts at the time of death.  Probate courts charge extensive fees and often take years to distribute the assets.

For example, H dies without a trust and at the time of H’s death he had a house worth $1,000,000.  His assets will go to probate court.  Along with court fees, the court will hire other professionals to help it distribute the assets.  If the total probate fees are $100,000, somebody has to pay these fees before the house may be distributed.  If the surviving wife may take the house, she need pay $100,000 to the court for probate fees.  If she does not have the money, the court will put the house up for, yes you all know the term, probate sale.  The asset will be auctioned off and the probate fees will be extracted from the proceeds. 

In California, placing our assets in a trust avoids probate court completely.  We may still manage and control our assets placed in a trust as we wish, however when we pass away, they are transferred to our loved ones with ease and no additional fees.  The minimal costs of setting up a trust today is substantially outweighed by the benefits of saving thousands of dollars, time, and stress for your surviving loved ones.     

Other benefits of a trust include tax breaks, privacy, and better protection of your assets from creditors.  Trusts also allow you to appoint a trustee to manage your assets when you become unable. 

In American society, a trust is a necessary instrument for anyone with any assets, who wants his/her surviving children, wife, or whomever to take after they pass away.  Not creating a trust during your lifetime, will cause a lot of financial and emotional stress to your surviving loved ones.  Leave a good name out for yourself, we are not everlasting, but a trust can be.    

You have the knowledge, be Smart.    

This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW represents clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Eagle Rock, Sunland, Tujunga, Sylmar, La Crecenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood,

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. 

Top 8 Automobile Accident Tips: What To Do When You Get Into a Automobile Accident

KAASS Tips: Automobile Accidents 

Whether we like it or not we all will get into an accident throughout our lives. Even the most careful cannot avoid the actions of another driver. 

Here are some tips to guide your way. What you should do immediately after a car, truck, or motorcycle accident. 

1. STAY AT THE SCENE. Even if it is not your fault, fleeing the scene might result in criminal charges. You should pull to the side of the road if possible to avoid leaving the car in traffic lanes. 

2. CALL AN AMBULANCE. Check if anyone is hurt. If anyone is hurt, you should not move them unless it’s absolutely necessary. Call or have someone call an ambulance. 

3. CALL THE POLICE. Even if it is a minor accident you should call the police to preserve the evidence. They will not always show up, especially if there are no bodily injuries. However, try to get them out to the scene for a police report.

4. GATHER INFORMATION AND EVIDENCE.

• i. Driver’s license. Get driver’s license number, driver’s license name, driver’s license address, driver’s license expiration date and any restrictions on the driver’s license.
• ii. Registration Card. Get all the information from the vehicle registration card.
• iii. Insurance Card. Get all the information from the vehicle insurance card.
• iv. Description of the driver or passenger(s). Write down the description of the driver or passenger(s) in order to restrict them from claiming that it was someone else.
• v. License Plate. Write down and take a photo of the vehicle’s license plate number if possible. 
• vi. Photographs. The more the merrier. Take as many pictures as you can. Include pictures of: the car, the scene, the damage, skid marks, the road condition, traffic signs, the passengers and most importantly the other driver. 
• vii. Witnesses. Look for witnesses in the area. If their statements can help your case, get down their information immediately. Be nice and ask them if they are willing to be your witness. Try to keep them there until the police arrive so as their statement may be recording in the police report. 

5. MOST IMPORTANTLY do not make any unnecessary statements at the scene, such as admitting liability. Contact an attorney to properly assess the liability question. 

6. DO NOT SPEAK TO ANYONE REGARDING THE FACTS OF THE ACCIDENT. This includes adjusters or claimsman from either your insurance or the opposing insurance company who have contacted you asking for information. 

7. DO NOT GIVE ANY STATEMENTS. No statements to anyone, recorded or not. Anything you say can and will be used against you. 

8. STAY CALM AND CONTACT AN ATTORNEY AS SOON AS POSSIBLE in order to preserve your claim. A proper assessment of your rights will be conducted. 

Now you know the initial steps you need to take when involved in an auto accident. 

Be Safe, Be Just, Be Smart. 

This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW represents clients who have sustained injuries as a result of a automobile/car collision/accident  in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Eagle Rock, Sunland, Tujunga, Sylmar, La Crecenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood.

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

The California Estate Planning and Probate Process: Who is going to get all your properties after you are gone? A better question is how to make it as painless as possible for your successor to go through the process?

The best way to secure an easy path for your successor to undergo this process is to create a trust. There are many advantages to creating a trust. For instance, your family can save money on probate and taxes; moreover, you can put a more detailed plan in place to manage your property after you are gone.  However, one of the least known but greatest advantages of a trust is protecting your assets from creditors.  How?  Ask and you shall find out, maybe in a later blog. 

One of the biggest advantages to creating a trust is that the property that is owned by your trust avoids the probate process after you are gone. Initially you are going to be the main trustee when creating a trust. When you serve as a trustee while you are alive, the only fact that changes is that your property is not owned by you as an individual; however, it is owned by you as trustee for your own benefit. You are in control of 100 percent of your property.

Next step is to name a successor trustee in your trust document. That individual will automatically own your property after you are gone. It is a huge advantage for your family to avoid probate fees and taxes; moreover, it saves you time.

Another advantage is that you as a trustee can include instructions for your successor when he/she becomes the trustee of your property after you are gone. For example, you can instruct the successor trustee to distribute the property between your spouse and the children. This also saves your family the cost and the delay associated with probate process.

Lastly, you need to find out whether your estate is subject to federal estate taxes which can be pretty expensive. However, they can be reduced if carefully planned. If you are married and you and your spouse own property in excess of the unified credit amount that can be transferred free of federal estate taxes, you can use trusts that include special tax-savings provisions to save your family federal estate taxes on that excess.

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Who Is Sniffing Under Your Bedroom Window? The United States Supreme Court Soon To Decide Whether Police Dog Sniffing Violates The Forth Amendment

It seems as if the United States Supreme Court is dog friendly. The Court will hear two cases from Florida and decide whether “dog sniffing” violates our privacy rights

 under the Fourth Amendment of the Unites States Constitution. 

The Fourth Amendment protects our rights to be free from unreasonable searches and seizures. Without a probable cause or a warrant, police does not have the right to search your vehicle or your property. A dog’s scent can establish probable cause for the law enforcement to search your vehicle or your house. 

The Court is asked to clarify how accurate a dog must be in terms of its past identification of contraband. An incident which occurred at the Supreme Court garage where a dog sniffed out a visitor’s car proved that the dog cannot always be accurate. The reason the dog made a mistake is because the owners of the vehicle left their dog’s tennis ball in the trunk. We understand that your Yorkie can sniff out a hot dog even if you’re hiding it in your palm, but how accurate can dog sniffing be? 

The Court is also asked to clarify whether the police have the right to “dog sniff” someone’s front porch or not. In 2001, the Court ruled, in an opinion written by Justice Antonin Scalia, that police officers violated a homeowner’s rights for privacy by thermal scanning the house from across the street. If the police cannot thermal scan your house from across the street, why should they be allowed to “dog sniff” the front of your porch? 

As a dog friendly culture, I know that most of you don’t mind a good sniff; however, what if instead of your Yorkie, it’s the SWAT team with their German Shepard nosing under your bedroom window.  As the Court hinted during oral arguments, maybe we ought to invest in a "no dogs allowed" sign on our property.

KAASS LAW

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Do you know the difference between traffic infractions and traffic misdemeanors?

Most common traffic infractions issued are speeding citations and automated red light citations.  Infractions have the lowest initial costs; however, they may add points to your DMV record, thus increase your insurance premiums. Moreover, you don't have the right to a jury trial nor can receive prison time for an infraction. However, you can be fined up to $1000 for an infraction.

A misdemeanor is a more serious offense. It is a bridge between an infraction and a felony. Misdemeanor citations generally include: DUI offenses, driving on a suspended license, reckless driving, and drag racing. For all misdemeanor citations besides DUIs and DWIs, the police will generally not arrest the driver. The driver will usually sign a traffic citation promising to show up in court on a date assigned by the police officer. 

It’s best if you avoid getting yourself into these kinds of situations. However, we all make mistakes. If you or someone you know got into a burdensome situation like this, a legal specialist is necessary to minimize or completely abate such charges so you can have your peace of mind. 

KAASS LAW handles many misdemeanor offenses. Call or email us with any questions or concerns at 310.943.1171 or info@kaass.com.

Click here to learn more.  

Crazy and Uninsured/Underinsured: California streets are filled with uninsured or inadequately insured drivers, how to protect yourself financially

Ask yourself one question, do I need uninsured/underinsured motorist coverage?

First off you have to be familiar with the term uninsured/underinsured motorist coverage. Uninsured motorist is meant to compensate your losses even though the opposing driver has no insurance.  Underinsured motorist coverage is meant to compensate your losses even though the opposing driver has inadequate insurance coverage.  These two coverage’s exist together generally under the term uninsured motorist coverage.

The law protects consumers from unfair insurance practices and requires insurance companies to provide uninsured/underinsured motorist coverage, unless the consumer specifically declines it in writing.  Too many unwary consumers sign this piece of paper without even knowing the facts. 

When you purchase uninsured/underinsured motorist coverage, it automatically covers you and all your passengers when faced with an uninsured or underinsured opposing party. It also includes other drivers who have your permission to drive your vehicle.  Further, passengers may claim towards their independent uninsured/underinsured motorist coverage.  Meaning, if you as a passenger have uninsured/underinsured motorist coverage on your vehicle but you get into an accident as a passenger in your friends vehicle, your vehicle’s uninsured/underinsured motorist coverage may still cover you in this accident. 

Uninsured/underinsured motorist coverage applies only when the opposing driver’s liability limits are lower than your uninsured coverage limits or completely non-existent.  In that case you are entitled for a compensation for both your financial and non-financial losses which your sustain. Financial losses would include medical expenses, any loss of income or earning and any diminution in your ability to earn money in the future.  Non-financial damages include such elements as loss of ability to enjoy or engage in certain activities as a result of your sustained injuries, pain and suffering and other such objective losses.

Your insurance company is only required to issue uninsured/underinsured policy in a minimum amount of $30,000.00 per person/ $60,000.00 aggregate regardless whether you desire to purchase a higher liability policy. However, if you decide to purchase a $15,000.00/$30,000.00 liability policy, your insurance company will only offer uninsured motorist coverage for the same amount.

Now the other important question that you need ask yourself; how much uninsured motorist coverage do I need?

An obvious answer would be to purchase a coverage that you can afford. However, if you are an individual with high income, and a prolonged injury would substantially impair your earning capacity, you should consider having high coverage.

It would also be a good idea to match your liability coverage to your uninsured motorist coverage. Suggested coverage in California today is $100,000.00 per person/$300,000.00 aggregate. Moreover, it is always wise to purchase higher coverage if you can afford it.

Make sure you are protected against uninsured and underinsured motorists on these crazy streets of California.  With the amount of uninsured and underinsured drivers on these crazy streets you cannot afford not to.  Its costs are minimal and the benefits are highly worth your while. 

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Reason is Snoring: Law Enforcement Anti-DUI Campaign in High Gear During Labor Day Weekend

We all know drinking and driving is a serious crime; however, when the liquor is pouring, reason is snoring.

  

Numerous Los Angeles Law enforcement agencies are coordinating an effort to crack down on Labor Day drinking.  The "Avoid the 100 Los Angeles County DUI Campaign" is designed to deter drunk driving during this busy weekend and is underway as we speak.  Don’t drink and drive, it is expensive to all.  

Here are the two offenses drunk drivers are usually charged with:  

1. The first offense is the commonly known, “Driving Under the Influence offense.”  Cal. Veh. Code, § 23152, subd. (a).  Here, it is unlawful for any person to navigate a motor vehicle while impaired under the influence of alcohol.  The prosecution must generally prove that the presence of alcohol impaired the person’s ability to navigate a motor vehicle.
2. The second offense is the “Driving a vehicle with a blood-alcohol content of 0.08%  or higher offense.” Cal. Veh. Code, § 23152, subd. (b).  Here, it is unlawful for any person 21 years of age or over who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle.  Percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood, if using a blood sample or grams of alcohol per 210 liters of breath, if using a breathalyzer.    

Drunk driving is lethal and a great public nuisance.  Be a responsible citizen and avoid it at all costs.  When reason is snoring, your car is still moving.  

KAASS LAW defends many such drug related crimes.  If you have been apprehended while driving under the influence of alcohol call us at 310.943.1171 or email us at info@kaass.com for more information.  

Be safe, stay in control. 

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

What Happens if the Police Arrest Me Without Reading My Miranda Rights?

In Miranda v. Arizona, The United States Supreme Court expanded the Fifth and Sixth Amendment by formulating something called the Miranda warning.  The Miranda rights are interpreted from the Fifth Amendment’s right against compelled self-incrimination and from the Sixth Amendments right to an attorney.  As the warning is stated by the police, the words are meant to put the suspect at notice of his or her Constitutional rights.   However, the Fifth and Sixth Amendment is enforceable only against government actors and Miranda rights are only applicable when the suspect is being interrogated in custody— the police exercise of the power to deprive a person of his or her liberty.  The warning must be given by the government actors--usually law enforcement agencies such as the police, FBI, or even the IRS--prior to the interrogation.  For every jurisdiction, it is somewhat different, but the idea is the same.  The usual Miranda warning states:

“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights?”

The most important part of the Miranda analysis is what happens if the police fail to “Mirandize”--read the suspect the Miranda warning?  A Miranda violation.   However, The United States Supreme Court has well established that the only redress allowed to the accused after a Miranda violation is the chance to suppress all the evidence that arises from the interrogation.  This means that anything the suspect said or admitted without being Mirandized when in custody cannot be used by the government to prove his criminal conduct.  The beauty of it is that any evidence that stemmed from the evidence obtained in violation of Miranda cannot be used.  Thus, if the suspect admitted to using the car parked on the next street to commit the crime in question, then the car and any evidence that stems from it must be suppressed and cannot be used.  The Supreme Court calls this the fruits of the poisonous tree.  If the tree, the evidence obtained in violation of Miranda is poisonous, then the fruits are as well.

Off course, with every rule there are its exceptions.  With Miranda, The United States Supreme Court has crafted many exceptions since its inception.  One exception is that the prosecutor can use the evidence for the purpose of shining negative light upon the accused’s character as a witness in court.   Another exception is if the police collect the evidence in question from an independent source, then it can be used to prove the accused criminal conduct.  You can see how everyone can get creative.

In conclusion, Miranda violations are not automatic dismissals of the accused case; however, the violation offers the accused a chance to suppress evidence that the police collected, thus making it tougher on the prosecutor to prove the accused criminal conduct.  

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

Click here to learn more about a Petty Theft, PC § 484 or PC § 488, click here.  

Click here to learn more about DUI, PC § 23152, click here.

Click here to learn more about Drug Possession, HSC § 11365

Overview on Third Party Beneficiaries: Most of you are a part of a contract that you do not even know about.

Non-parties to a contract.  Yes, this happens often. The easiest example of such a contract is a life insurance contract.  The insurance company is the promisor; the insured is the promisee; and the person who will receive the life insurance benefits is the third party beneficiary.

The general rule is that a contract operates to confer rights and impose duties only on the parties in the contract and no other person. However, there are exceptions. Exceptions include contractual rights involving third party beneficiaries, and contractual rights or duties that are transferred to the third parties.

Third party beneficiaries are people who benefit from a contract, which they were not a party to.  The law is convoluted; however, here is our best attempt to simplify it without losing content.

Third party beneficiary rights and duties overview:
1. The original contract will confer the rights and duties on the third party.
2. Intended v. Incidental - only intended beneficiaries have contractual rights. Intent of the parties to the contract determines whether the contract is intended or incidental.  Intended beneficiaries are usually either donees or creditors.
3. A contract cannot be cancelled or modified without the third party beneficiary consent if his/her rights were vested.

Vesting occurs when the third party beneficiary:
1. knows and relied on the contract,
2. knows and assents to the contract, or
3. brings a lawsuit.

Who can sue who and recover from whom?
1. The third party beneficiary can recover from the promisor,
2. Promisee can recover from the promisor,
3. Generally, beneficiary cannot recover from the promise, unless the creditor beneficiary can recover from the promisee; however, only from a pre-existing debt.

Know your rights as a third party beneficiary. The attorney's job is to know and consult you on your rights; however, you need be tenacious to pursue them.

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.

How to Terminate a Contract that You Have Gotten Yourself Into?

Sell me this and sell me that, in today’s paperbacked commercial world, words are just not enough.

There are several scenarios where a contract may be terminated or revoked in common law. Basically for every contract, except for contracts involving the sale of goods; items movable at the time of sale.  

Here are some ways of terminating a contract:

1. Rejection  –  This happens when the offeror terminates the contract by: express words, counter offer, conditional acceptance, or additional terms. However, a counter offer can still be considered an offer if the counter offer ends in a question. This is not to be confused with bargaining. Moreover, you can tell when there is a conditional acceptance when you hear these words: if, only if, provided, so long as, but, on condition that. Lastly, changing the terms of the offer will terminate it the offer. The additional term kills the offer.

2. Revocation – When the offeror unambiguously terminates the offer. It must be done before the offeree accepts the terms and the offeree is notified of the revocation.

3. Death or insanity of either party can terminate a contract.

4. Lapse of Time – If there is a particular due date set for accepting a contract, the offeror has the right to terminate the contract if the requirement is not met.

5. Destruction of the subject matter can also cause a termination of a contract.

6. Supervening Illegality – This is when the subject matter in the contract becomes illegal.

7. Terms – The contract may be terminated if the other party does not cooperate with the terms of the contract. Whatever the offeror says, goes. However, if the offer is rejected, the offeror may restate the same offer and create a new power of acceptance.

This was just a slight overview on contract terminations/revocations. For more information contact us at: 310.943.1171.

Click here for more details on Business Law.  

What a CONTRACT Really is

Most of you are aware of them, but don’t really understand them.  Here is a slight overview.

A contract is a voluntary, deliberate, and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied, and generally have to do with employment, sale or lease, or tenancy. 

A contract is formed when: 

1. There is an offer,

2. There is an acceptance of the offer, and 

3. There is consideration in exchange of the offer or acceptance.

Each party has its own rights and duties relative to the rights and duties of the other parties. However, while all parties may expect some benefit from the contract, it is not necessary that both parties will equally benefit. Existence of a contractual relationship does not necessarily mean the contract is enforceable, or that it is not void or voidable. Contracts are normally enforceable whether or not in a written form, although a written contract protects all parties. Some contracts must be in writing to be legally binding and enforceable. Those contracts include but not limited to: 

1. Sale of real property,

2. Installment plans, and

3. Insurance policies.

Be sure to read the entire content of a contract very carefully before putting you John Hancock or consult with an experienced attorney to draft the appropriate contract for you business needs.  

Learn more about::

Learn more about Recovering Damages from Breach of Contract and watch our Breach of Contract Damages Video.

Also read our Business Contract Dispute post and our Contractor Agreement for California Businesses post on our blog.  

Choosing the Right Business Entity for Your Businesses

Operating, owning or starting a business is becoming increasingly complex. Good business planning, whether for new or existing businesses must take into account the legal issues the business will face and consider the best legal structure for the business in today’s regulatory environment.

There are practical and legal issues to consider carefully in choosing the correct type of business organization to meet your specific needs. Options include: sole proprietorship, corporation, partnership, limited liability company; and for professional businesses, a limited liability partnership. Your business purpose and management goals should be planned strategically to decide on the right business structure for your specific business goals. 

Once you decide on the legal structure of your business, an experienced attorney will draft the appropriate documents, policies and procedures you will need and advise you on legal compliance requirements to ensure that you follow the rules that apply to your business. There are different filing and regulatory obligations for each type of business organization.

For more information contact our law firm in Los Angeles at: 310.943.1171.

KAASS LAW is authorized to practice law in California.   The above content is intended for California residents only.  This content provides only general information which may or may not reflect the most current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website.