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 Call of the Valley.
The question arises, how does living in the US impact the ability and strategies with estate planning? This is not an easy answer. Often factors relating to citizenship goals can drive a response. These couple with the laws of the citizenship country. For … Read More
Thomas A. Haeuser
Partner Thomas A. Haeuser takes on new role as HVP advisor and community leader
We are proud and pleased to announce that our long-time partner Thomas Haeuser will be taking on a new role at the firm in the new year. Effective January 1 2022, Tom will continue to serve in an advisory capacity, taking a step back from active practice to focus on community activities. Those around town already know Tom for his presence on the Plaza and his unflagging efforts to make our town and the surrounding community a special place for businesses and families … Read More
Our year-end checklist provides useful tips for year-round check-ups.
Top 5 Year-end Business Compliance Checklist
- Performance and Operations ‒ I have discussed and mapped out performance and operations with management and legal counsel. Yes No
- Entity Structure/Governing Instruments ‒ I have reviewed my business entity structure and updated articles of organization/incorporation, operating agreement, bylaws, partnership, or other agreements as needed. Yes No
- I am up to date on all corporate formalities for California corporations to maintain my personal liability protection. Yes No
- I have finalized my year-end accounting and closed the books for the calendar or fiscal year
… Read More
Fiduciary originates from Latin fidere, which means “to trust.”
Join the discussion between lawyer Mary Piasta and Lori Beth Merrill of Haeuser, Valluzzo & 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.
In case you missed it…
Click here to view the video courtesy of Vintage House Sonoma… Read More
In this day and age of websites, blogs, coaching programs and such, if you own a business that has these things, if something were to happen to you, what would happen to these things?
These sort of things are what is referred to as ‘intellectual properties’ and if you have a will or estate plan that includes directives for your business you might think more about protecting these aspects to your business or endeavor.
Under the law, in the broadest sense an intellectual property is an abstract item such a concept, ideas or formula and so on. To protect things … Read More
Recently as marriage equality and identity classifications have been critiqued more closely by the LGBTQ community, here’s some info about name changes.
Basically it’s not that difficult.
Anybody can change their name legally. Just make sure it is not to commit fraud or make a false identity.
The simplest and most common is when people marry.
Today’s customs and attitudes about marriage lets women keep a “maiden name” or allows for a hyphenated name.
Hyphenated names are used in England. Historically, it has been part of the class or caste-system in English society. Hyphenated names were passed down as a … Read More
by Mary Piasta
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.
For example, one entrepreneur went through bankruptcy four times in his life and left a legacy including a private foundation. For others it means wiping the slate clean to rebuild their wealth.
Historically speaking bankruptcy was a way to depart from the English precedent … Read More