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CA Secretary of State Stuck In the Weeds

If you need to create a corporation for your California business, you need to know you can’t set it up right away unless you want to pay the freight.

The California Secretary of State now typically takes at least four weeks to process corporate filings. You can get around this if you want to pay an extra $750 for same day processing or $350 for next day processing. Our office is in the Sacramento area, home of the the Secretary of State headquarters. We can hand deliver Articles of Incorporation to the Secretary of State, but it will still take at least four weeks to process (unless our

Lift the Burden

Almost every time we complete an estate plan for a client, they say, "thank you, that was so simple, we feel the burden of getting this done has been lifted." Everyone with a family knows they need a living trust or a will estate plan. But most (a surprising high percentage) haven't done one. Why not? The perceived reasons are: it's expensive, it's complicated, and it's difficult to work with lawyers. The…

Downsizing Better?

This economy has forced many to downsize: less staff, less office, less vendors, less services.  Stepping back - is that so bad, after the initial shock? I just got back from a doctor appointment and noticed many staff and two stressed out doctors. The doctor knows I'm a business attorney and we spoke about his business model. How many patients does he have to see to pay his large overhead bill? Could…

Self Esteem Not So Much

The Washington Post reports that the self esteem movement didn't work out so good.. A growing body of research over three decades shows that easy, unearned praise does not help students but instead interferes with significant learning opportunities. As schools ratchet up academic standards for all students, new buzzwords are “persistence,” “risk-taking” and “resilience” — each implying more sweat and strain than fuzzy, warm feelings. “We used to think we could hand…

Probate, Living Trusts and Attorneys

If you’ve set up a living trust. Great job. You’ve done a great thing for your family. But don’t leave that great thing unfinished and turn it into a not great thing. What do I mean? Probate.

Your estate will go through probate, even if you have a living trust, if you haven’t transferred your assets to your trust.

Our firm handles a lot of trust administration cases. In most cases, the children of a deceased parent hire our firm to administer their parent’s trust. Sometimes, the parent has failed to transfer assets to the trust, which could lead to probate, big attorney fees and a long court process. But if the parent had some form of writing showing intent to include the assets in the trust, the family could avoid probate.

Usually intent is shown with a schedule attached to the trust or by provisions in the body of the trust identifying the assets. With written evidence of intent, quite often a California judge will issue an order transferring the assets to the trust, and the family avoids probate.

Unfortunately, we’ve seen several cases when there was written evidence, but the attorney ignored it so he could take the case through probate. Here’s the dirty little secret –

Tim Tebow – Game Changer

Tim Tebow has changed the NFL. He can’t do what the great passers, like Rodgers and Brady do. So the league says he shouldn’t be an NFL quarterback. But he wins. Now he has led his team to a playoff victory against the Pittsburgh Steelers, the team with the number one defense in the league.

How does he win? He does what he knows he can do. He doesn’t do what the experts say he should do (they say he can’t do those things.) He and his

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