Estate Planning: Answering Common Questions of Seniors According to a study conducted by Caring.com, the percentage of people aged fifty-five and older who have created a will has fallen from 60 percent to 44 percent since 2019.[1] Although creating or updating your estate planning may seem like a daunting task, a proper estate plan can...
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UncategorizedThe Access Pass – National Parks and Federal Recreational Lands Pass Series, is available free for US citizens or permanent residents with permanent disabilities
July 8, 2022by RaxterLaw
The Access Pass, part of the America the Beautiful – National Parks and Federal Recreational Lands Pass Series, is available free for US citizens or permanent residents with permanent disabilities. The Access Pass may be issued to U.S. citizens or permanent residents of any age that have been medically determined to have a permanent disability (does not...
UncategorizedU.S. Currency Reader Program – BEP provides currency readers, free of charge, to all eligible blind and visually impaired
July 8, 2022by RaxterLaw
Did you know that the BEP provides currency readers, free of charge, to all eligible blind and visually impaired U.S. citizens and national residents? All you need to do is complete this form.
UncategorizedTrust Law Update – The court can order attorneys fees and costs in an amount that exceeds your interest in the trust
June 16, 2022by RaxterLaw
The California Appellate Court recently dealt with the issue when a party filed a lawsuit to set aside a trust based on forgery. Once the Court ruled that no forgery occurred the Court then levied attorney fees and costs against the party that brought the forgery case. The Court issued a very substantial attorney fees...
Did you know?ELDER LAWCase Law Update – Residential Care Patient was not bound by the arbitration clause
June 3, 2022by RaxterLaw
The Court recently ruled in this particular set of circumstances that a residential care facility resident was not bound by an arbitration agreement her daughter signed on her behalf when placing her at the facility. Arbitration clauses are not in themselves bad but they can be oppressive especially when it relates to care facilities. To...
Did you know?Real Estate LawReal Property LawReal Property Case Law Update – Buyers agents have no duty to disclose to seller that the price is too low
May 31, 2022by RaxterLaw
Real estate agents and brokers owe a duty to their clients. However, what happens when the seller of a property has seller’s remorse and complains that they sold the property “too cheap”? Is the broker or agent liable? Recently the Court dealt with this issue and determined that a broker solely representing a buyer had...
UncategorizedBusiness Law Case Law Update – Is an employer liable for an employee’s negligence in causing a car accident?
May 22, 2022by RaxterLaw
Generally, California law clearly states that if an individual is driving a vehicle to perform work duties or to do something for his/her employer, then the driver’s employer is liable for any injuries resulting from a car accident where the employee was at fault. However, the First District of California recently decided an employer was not...
Did you know?PROBATEProbate Case Law Update – Do not forget to read the prenup!
May 21, 2022by RaxterLaw
The First District Appellate court of California recently decided where a wife failed to read a premarital agreement and to meet with her attorney to discuss it before signing it, she bore the risk of her mistake as to the content of the agreement and is not entitled to rescission. You are already knew it...
Recently, the Second District appellate court ruled that Duress by a third person cannot void a contract when the other contracting party did not know about the duress and relied in good faith. For the complete text please visit Fettig v. Hilton Garden Inns Management – filed May 4, 2022, Second District, Div. Eight
California Easement Case Law update An exclusive implied easement which, for all practical purposes, amounts to fee title cannot be justified or granted unless the encroachment is de minimis or the easement is necessary to protect the health or safety of the public or for essential utility purposes. Romero v. Shih – filed May 5,...