Does California law protect farmers and ranchers? With the increased number of houses and commercial developments being approved and built, one has to wonder where are all the farm going? Menifee Valley was originally (like most of California) a farming community. Cityhood has not been kind to the farms both large and small. To be...
This land is your land…until the government wants it! First, let’s discuss that Eminent Domain refers to a fundamental power of the government to take private property for a public purpose without the owner’s consent. The power of eminent domain is incorporated in both the United States and California Constitution. Specifically, the Fifth Amendment to...
Raxter Law and its staff all want to say thank you to First Responders! So for the month of May the entire staff is dedicating time to draft a will, power of attorney, and healthcare directive for first responders and their spouses FREE of charge! Normally, a will package would cost $300.00 but because first...
CIVIL REMEDIES FOR CHILD ABUSE Every day it seems there is a story in the news about a child being physically or sexually abused by an adult. In 2010 there were nearly 6 million children who were victimized by child abuse in the United States. According to the U.S. Department of Health and Human Services,...
When it comes to marriage the typical chain of events include dating, meeting family, getting a dog, moving into together, meeting friends and other steps so you know that you want to be married (excluding Vegas but that is another matter all together). However, it never ceases to amaze me how many people will jump...
Where there is a Will there is a way! Most people think of wills as the only way to transfer property upon death, however, there are several instruments one can use to transfer property to loved ones upon their passing. First, let’s understand that even I you do not execute a will your property will...
Legal issues with real property Property law is one of the most archaic areas of the law. The concepts for modern property law predate the American Revolution, and even many medieval concepts are still prevalent. The very concept of a “landlord” goes back to the time when those who owned land were, indeed, lords. Property...
Executor’s role in Probate What is an “Executor?” In California the Executor is also called a personal representative. It is the person or entity nominated by the deceased person (the “decedent”) in a Will to administer the estate of that person as directed by the Will. Let’s start by stating that it’s both an honor...
Being an Attorney that concentrates on all aspects of Probate matters, my office has come up with a list of the forgotten assets that are most commonly omitted from trust funding. That is, these assets are frequently found after death titled in individual names rather than being properly titled to the decedent’s trust. In some...
When a trustor drafts and executes a trust they install certain named persons as successor trustee(s) to serve in the absence of the initial trustee (usually the person creating the trust). No pun intended but you have to choose someone trustworthy to act. Unlike a will, a trust typically is not supervised by the court...
BANKRUPTCY EXPLAINED Whenever the economy suffers, the word bankruptcy gets tossed around. Anyone can experience trouble with finances including celebrities, athletes, politicians, business leaders and other prominent public figures. Every day on the news we hear reports of people (famous or not) dealing with financial problems stemming from divorce, medical conditions, mortgage foreclosure, credit problems,...
Do you need an attorney? Like any good attorney will tell you the answer is “maybe” or “it depends.” First, there are certain entities that must be represented by an attorney before the Court. Examples would be Corporations, Limited Liability Companies, Trusts, and other similar entities. However, in most situations an individual is free to...
MONEY IS NOT ALWAYS THE ANSWER It appears that the growth of small businesses will continue to progress in 2020 as small businesses have generated more than 65% of the new jobs created in the U.S. since 1996. With every small business comes employees and employee issues. Every small business knows that a good employee...
Identifying Identity Theft during Tax Season Identity theft can be a frustrating obstacle during any time of the year, but specially frustrating during tax time. Tax-related identity theft occurs when someone uses a stolen Social Security number to file a tax return and claim a fraudulent refund. Nothing can be more frustrating than not being...
California small business owners are usually conscientious about the cost, at least the ones that desire to remain in business. Overhead is the killer of great ideas. Overhead consists of the cost of their necessary materials they need to manufacture their products or render their services, the cost of hiring and retaining qualified employees, and...
Entrepreneurs and small business owners are passionate, driven, and generally busy people. They are focused on many things, probably the most important being the everyday struggle of running their business. In the frantic haze of starting a business most focus on everything but the legal considerations of operating a business. The business, no matter, how...
Nearly every day in our office a potential client will call to inquire about obtaining a power of attorney for a loved one. First, we must understand what a power of attorney is, and what it can do, and not do – as the case may be. A power of attorney is a legal device...
A Probate Guardianship is a court proceeding in which a legal guardian is appointed by the probate court to protect the person or estate of a minor. A Probate Guardianship suspends (but does not end, as in adoption) parental legal rights. Probate Guardianship is granted by the court if the court finds that it is “necessary or...
For reasons unknown or based on costs, places such as hospitals, doctor’s offices, schools, movie theaters and other places of public accommodation refuse to provide communication access to deaf or hard of hearing people. It is against the law for employers, hospitals, governments, and other entities to discriminate against you based on your hearing loss....
Conservatorship: What is It and How Does it Work? California Conservatorships – An Introduction Few responsibilities are more profound than taking care of an adult who is unable to care for himself or herself. If appointed by the Court to do so, the person charged with that responsibility is called a “conservator.” The adult...
Should You File for Personal Bankruptcy Under Chapter 7 or 13? Individuals or couples who are experiencing financial difficulties and are considering filing for bankruptcy often face the choice of whether they should choose to file under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Both forms of personal bankruptcy help protect you...
Helping You Prevent Elder Abuse Raxter Law has long been committed to preventing elder abuse in California. You can access our many resources here: Raxter Law’s California Elder Abuse Facts and Resources. If you or someone you know is being abused, contact us immediately to schedule an appointment. We can help. Today we will take...
New California Law Grants Homeowners Greater Bankruptcy Protection For many financially stressed California homeowners, fear of losing their home to foreclosure has kept them from filing for Chapter 7 bankruptcy to ease their debt load. However, California enacted new legislation in September that allows homeowners who file for Chapter 7 bankruptcy to retain up to...
Alzheimer’s Association Research Town hallJoin us to hear about the latest groundbreakingdiscoveries in Alzheimer’s and dementia research,brain health, and a look at what the future holdsin the search for a cure.Wed. October 14, 6:00-6:45 pm Learn the landscape of Alzheimer’s and dementia science. Understand the importance of early detection and diagnosis. Find out more about...
Chapter 13 Bankruptcy changes to help people affected by COVID The CARES ACT recently enacted created a novel change to Chapter 13 Bankruptcy Plans by extending payments from 60 months to 84 months. This will allow current and new petitioners to request to have an 84-month plan. This will allow debtors who were unable to...
Signs of Physical Elder Abuse Several of the signs of abuse can mimic signs and symptoms of depression and or advanced symptoms of Alzheimer’s. When assessing your loved one, be sure to take all of his/her symptoms and any diagnoses into consideration before jumping to any conclusions about neglect or abuse. No one wants to...
