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San Jose California Real Estate And Estate Planning Law Blog

The basics of a spendthrift trust

Parents and others in San Jose who are planning to leave significant assets to their children, or who wish to transfer those assets to them as part of their planned giving, may face a bit of dilemma.

On the one hand, it could make economic sense to make these transfers. Moreover, on an emotional level, parents and others love their children and usually want to share their abundance with them.

What is a short sale?

It does not take an expert in real estate to recognize that the worst case scenario a homeowner or other property owner can face, aside perhaps from an uninsured loss of the property, is the loss of the property due to inability to repay the mortgage or mortgages on the home.

Even though the process works slightly differently in California as opposed to states on the other side of the country, people commonly refer to the legal process of a bank taking back the property as collateral for a bad loan as foreclosure.

Pitfalls to avoid when naming a trust as an IRA beneficiary

One thing that has big impacts on what happens with an IRA after a person dies is who the person named as the IRA’s beneficiary. There are many options people have when it comes to who to designate as beneficiary. For one, they could name their desired heirs directly.

Another option that some go with is to instead name a trust as beneficiary. The trust would then distribute proceeds from the IRA to their desired heirs. A person might opt to go this route is if he or she wants there to be more control over the distribution of the IRA proceeds.

5 tips to prevent a mechanic's lien on your construction project

You have a lot to worry about overseeing a construction project. The last thing you need is to end up with a mechanic's lien on your property. A mechanic's lien is a claim against your property for an unpaid invoice to a contractor, material supplier, subcontractor, or laborer. A lien can happen if your general contractor fails to pay one of the other providers. Here are five tips to help you prevent a mechanic's lien. 

What Does a Lawyer Do All Day?

Do You Know What Your Lawyer Does With Their Time?

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Many people think that the job of a lawyer is to perform litigation all day and yell "objection!" over and over. This is the TV trope that has driven a lot of misinformation about what a lawyer is and what they do. If you want to know the real deal about a lawyer does, whether it be because you want to be a lawyer yourself, or you just want to make sure that you're not paying too much for a lawyer, we have the lowdown for you. Here's a brief description about what a lawyer does with their schedule that's not all about yelling at a judge (which by the way, is a crazy no-no in the industry.)

If You're Experiencing Any of These Common Partnership Disputes, Hire a Business Lawyer Immediately

bylaws.2e16d0ba.fill-1140x400.jpgThere are nearly 28 million small businesses in the U.S., and it's no secret that commercial laws and bylaws can be exceedingly complex. And things only get more complicated when you get into a partnership dispute that could impact your company's future if not handled correctly. Here are just a few examples of commercial disputes involving partnerships that are typically best handled with the help and experience of client-focused business lawyers.

Answering Common Questions About Fraud and Embezzlement

business_lawyer.2e16d0ba.fill-1140x400.jpgWe've discussed some of the most common types of business partnership disputes: breaches of contracts, violations of non compete agreements, breaches of fiduciary duties, misuse of trade secrets, minority owner rights disputes, and embezzlement. While these are all considered crimes, embezzlement is a crime that can and typically does result in jail time. Let's answer some of the most common questions about embezzlement in regards to business partnership disputes:

Real Estate Attorneys: Your Questions, Answered

advice.2e16d0ba.fill-1140x400.jpgAccording to the Bureau of Labor Statistics, in 2014, there were 603,310 real estate lawyers in the United States. Many people seem to think that real estate attorneys assist solely with real estate transactions. While this is partially true, there are plenty of other services and types of advice that an experienced real estate lawyer can provide. Here's a quick FAQ about real estate attorneys to help you understand their wide range of services and expertise.

Don't Fall for These Misleading Misconceptions About Commercial Disputes and Arbitration

commercialdispute.2e16d0ba.fill-1140x400.jpgThere are nearly 28 million small businesses in the United States, and it's not uncommon for commercial disputes to arise within one or more businesses that require proper mediation with a corporate law firm. That being said, before you enter the commercial dispute process, it's important to be aware of the facts. Don't let yourself fall victim to these common myths about partnership disputes and other types of commercial litigation. 

Does Your Startup Need Corporate Lawyers? Here's How to Tell

corporatelawyers.2e16d0ba.fill-1140x400.jpgAccording to the BizBuySell.com Insight Report, 7,842 small businesses were sold in 2016. And whether you've recently bought a business or started one of your very own, it's important to understand the role corporate lawyers play when it comes to ensuring your business's legal operation and success. If you're not sure whether or not your startup is in need of corporate lawyers, there are a few common reasons to work with them. Here are just a few of the most common reasons to hire a team of corporate lawyers. 

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The Heritage Law Group
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#260
San Jose, CA 95112

Phone: 669-244-3552
Fax: 408-993-2101
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