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
Wine Country has its beauty, including the many people who flock here to live. It is becoming more common for non-citizens to take up abodes here. This goes back to the founding of Sonoma heavily influenced by international residents. For those interested in a delightful historic recap consider viewing the documentary the 
Partner Thomas A. Haeuser takes on new role as HVP advisor and community leader
Our year-end checklist provides useful tips for year-round check-ups.
A tool in California that asset protection lawyers use is a Delaware Statutory Trust, otherwise known as a DST. The mechanics are rather simple and set forth in the Delaware Statutory Trust Act. One erects the business structure with the appropriate documentary filings including the naming of non-California agents to act on behalf of the trust. These things together act to limit liability by having the official actors out of state. The out-of-state defendant is harder to involve in a California lawsuit.
A recent legacy case illustrates how Proposition 19 impacts grandparents wishing to leave their family vineyard property to their granddaughter.
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.
Introduction to Elder Abuse, Capacity and Undue Influence
One of the major exclusions from property reassessment is the exclusion of real property that is owned by a legal entity, such as a corporation, partnership, or LLC, as provided in Revenue & Taxation Code section 64. In a nutshell, it provides that when realty is owned by a legal entity, certain changes in the ownership of the entity do not constate sale of the realty itself, unless a new person or entity gains control of the entity. For example, if real property is owned by a corporation, shares of … 
HVP Partner Tony Valluzzo Named to 2021 “Lawyers of Distinction” List by Sonoma Magazine
SONOMA, CA – July 26, 2021 – Prominent business and estate planning law firm Haeuser, Valluzzo & Piasta LLP is pleased to announce that 
SONOMA, Calif. – May, 2021 – Reinventing the law firm business model, HVP lawyers return to the basics of legal services with an emphasis on lawyers and staff working together to offer a concierge service experience. The addition of staffers Lori Beth Merrill and Penny Martin underscores HVP’s long-standing reputation for working seamlessly with clients. Committed to providing the ‘white glove’ treatment . Penny’s adept management of client-attorney interactions and communications and Lori Beth’s background as a real estate appraiser complement the legal services offered by HVP’s three partners, Thomas A. Haeuser, Anthony R. Valluzzo, and Mary Piasta.
Results-driven representation in key areas of law including issues impacting women
Piasta LLP as they discuss the things you want to know about fiduciaries, what they are, how they are regulated, and how they can help loved ones.
contractors. This year there are two legal actions that loosen the corset of AB5. 
Step One – Within one business day, an employer must provide notice to employees, employers of subcontracted employees, and representatives of them that includes all of the following. 
constraints resulting from the pandemic, business owners are now confronted by an increase in minimum wage and additional protocols for COVID-19 reporting. On the flip side, the restrictions on independent contractor relationships imposed by AB-5 have been relaxed, and the California Secretary of State has launched a business portal for routine filings. Finally, the sweeping implications of Proposition 19 concern business owners and individuals seeking to transfer real property to their children. 
$11.58 million. This amount is scheduled to increase with inflation through December of 2025, at which point it reverts back to the 2017 level of $5 million.
their PPP. This PPP list includes an 
No doubt many parents are wishing that colleges these days would decrease tuition as online curriculums for fall classes commence. Yet in this time of COVID-19, here are some important things to reckon with as you prepare to send your 18-to-19 year- old to college.
This past summer the State Supreme Court drummed in again to Uber & Lyft that ride-share companies like themselves must be in compliance of CA State Law AB 5, meaning that they must classify their drivers as employees.
When we talk of asset protection, many think of bankruptcy. But there is a social norm with this type of word preventing many from considering it seriously. The truth is that many very wealthy individuals in our country are not so dissuaded and utilize filing for bankruptcy as a means to preserve wealth.
Businesses should be wary of language in contracts. Attempting to promise that amounts of money borrowed in particular could read in a phrase such as… “shall be payable without regard to the existence or notice of existence of any dispute, litigation, bankruptcy, or arbitration. Unless, the issuer is prevented from doing so by a court of competent jurisdiction.” These types of clauses run directly afoul of the automatic bankruptcy stay.