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Estate Planning News
In February, 2003, The California Attorney General Sued A Law Firm, Ironically, For The Unfair Business Practices
In February, 2003, the California Attorney General sued a law firm, ironically, for the unfair business practices of targeting thousands of small businesses with abusive lawsuits. Significant law changes are necessary. This year, nine bills were introduced to address the extortionist actions being inflicted against many businesses in California. Unfortunately, the Assembly Judiciary Committee killed three bills that included reform on a partisan vote and passed one piece of legislation that offers weak filing requirements and even increases the leverage for those filing these suits. They even failed to pass a measure aimed specifically at the extortion aspect of the current law. On May 13, 2003, the Senate Judiciary Committee also heard four unfair competition measures. Three would have resulted in meaningful reform law. Yet the committee failed to pass the measures that would have effectively addressed blatant abuse. In fact, SB 122 and AB 95 could worsen the situation by creating new incentives to sue businesses and reserve excess money paid by defendants for the ambiguous "promotion of justice." Regrettably, this could hearten the very people who are perpetrators of abuse. Both bills passed the Senate and Assembly with a very narrow majority and are awaiting a hearing in the opposite houses.
Estate planning is a process to consider alternatives
Good estate planning is more than just a simple Will. Estate planning also typically minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed.
On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you became disabled or if you die.
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Definition:
A person in whom one places great confidence in and upon whom one relies for his or her integrity, trust, and good faith. A fiduciary has the legal duty to act in the best interest and benefit of another and therefore is held to the very highest legal standards. A trustee is a fiduciary.
Informed Consent
Definition:
An authorization to proceed by a person who has been given and understands all of the relevant facts.
Tenancy-in-Common
Definition:
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.
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