By: Valerie A. Powers Smith, Esq.
The answer is, now. Whether it is because you have yet to do your estate plan or that your plan is needing updating due to the passage of time, change in laws, or life events such as marriage, divorce, incapacity, death, or the birth or adoption of a child.
Estate planning is not associated with the size of your estate; but, rather planning for what happens if you become incapacitated (either temporarily or permanently) during your lifetime and, then, upon your death. The basic elements of a well-crafted estate plan include wills, trust(s), durable powers of attorney, and a healthcare directive. The following are important areas to consider as to whether you have all of your affairs in order:
1. Avoiding Probate & Intestacy Succession
The California probate system is complicated, costly, and time-consuming. One can easily avoid having to interact with the court and probate process by having an irrevocable living trust in place at death. Assets in the name of the trust at the time of death avoid probate and pass as per the dispositive provisions contained in the trust document.
If an irrevocable living trust is not your desire, consider this: failure to do any planning or proper planning will subject you to the laws of intestate succession. Two obvious problems are, one, being subjected to the probate process and, two, your estate potentially going to family members to whom you would not have given had you done the proper planning. This is of particular importance if you are unmarried, have a special needs family member, or are part of a blended-family.
2. Planning for Incapacity
Planning for your own incapacity is just as important as planning for death. Durable Powers of Attorney for financial, business, and health care decision making are essential. It is of particular importance if you are a business owner or have business interests to have an experienced estate and trust attorney create durable p
powers of attorney that coordinate with your business documents. SBEMP offers its clients that very coordination with the experience of both estate & trust and business attorneys to best meet your needs in an integrated manner.
Particularly in California where the incidence of conservatorship petitions is ever increasing with the aging population, it is important to contemplate who you would want appointed, should there ever be a need during your lifetime, as your conservator to manage your personal, financial, and medical decision-making. Left unplanned, the court will determine who that person will be, which may not be who you would have chosen.
3. Succession Planning
Do you own your own practice and are looking toward retirement or; perhaps, just slowing down? Have you put into place your succession plan? What will happen to the practice and your clients? Who will have authority to take it over and service your clients with minimal disruption? Succession planning is just as important as any of the other components of one’s estate plan and can cause unintended consequences if left unaddressed. Again, SBEMP’s estate & trust and business attorneys will work in a coordinated manner to ensure our business client’s needs are met in this regard.
4. Special Needs Considerations
Do you have a family member with special needs? Do you have a special needs trust as part of your overall estate plan? If not, you could unknowingly be creating an ineligibility problem for the very family member you intend to benefit upon your death. Even worse, those inherited assets could be subjected to recoupment by the state in order to continue MediCal (or other means-tested programs) without interruption. A special needs trust is a freestanding trust that preserves current or future eligibility for individuals with special needs and/or disabilities because assets contained therein are not considered to be countable resources for means-tested programs such as Medicaid (aka, MediCal) and SSI.
Other options: ABLE Accounts. Saving for your children’s education? Did you know that saving money in a traditional 529 account can cause ineligibility problems for your child with special needs? While before it was not advisable to do so, now, parents of children with special needs can save for the educational needs of their child with special needs without causing the unintended ineligibility problem that 529s present. In December 2014, the Achieving a Better Life Experience Act of 2014 (ABLE Act) won final approval and was signed into law by President Obama. The ABLE Act is built on the foundation of the current 529 education savings plans that help families save for college. In the case of ABLE, families now have a taxdeferred savings vehicle to save for the care of people with disabilities. The National Disability Institute estimates there are 58 million individuals with disabilities in the United States. Many of these individuals will qualify for ABLE accounts.
5. Same Sex Couples
Prior to the U.S. Supreme Court’s June 26, 2015 decision in Obergefell v. Hodge, 2015 WL 2473451, same-sex marriage was legal in only 37 states (i.e., AL, AK, AZ, CA, CO, CT, DE, FL, HI, ID, IA, IL, IN, KS, ME, MD, MA, MN, MT, NC, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, UT, VA, VT, WA, WV, WI, and WY) and Washington, D.C. With legalized marriage for all comes the need to get your estate planning documents in order. The same considerations discussed above in this newsletter apply to same-sex couples. In addition, same-sex couples planning marriage should examine the advantages and disadvantages before doing so, such as healthcare benefits, retiree benefits from the Social Security Administration, and tax treatment, just to name a few.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
Natural Resources law regulates the use of those areas of the environment that have certain economic or social advantages. In general, these advantages include wind or air, water, plants and soil, animals that live on the land, and the minerals and oil found underground.
Dependable attorneys at SBEMP (Slovak, Baron, Empey, Murphy, & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities across the landscape.
Need for Natural Resources Law
A primary and significant role of natural resources law is to determine the ownership rights to the resources located on the land.
In general, the landowner possesses these rights, especially pertaining to plants, soil, wind, light, and animals that are on the land during the time of capture. But this may not always be the case and will differ between states and towns.
For instance, while a landowner may be the technical “owner” of the trees on their land, they may be legally prohibited from cutting the trees due to environmental reasons. The natural resources law also regulates how people may derive advantages from environmental resources.
By itself, wind may not be very useful. However, it is vital to maintaining air quality. While landowners technically have rights on the wind and air surrounding their property, they will likely be disallowed to erect a windmill on their land as it will become an inconvenience to the neighbors.
Resource Preservation
Natural resource laws are crucial to protect resources that are scarce in a specific region, such as water and oil. States that have wet climates usually allow private landowners to possess the rights to water that touches their land.
Conversely, in states that are arid, the law may stipulate that no water can be owned privately and that all water bodies should be owned by the general public. If a public body has the rights to the water, natural resources regulations enable policymakers to determine who may use the water.
This law also defines regulations on the sale and purchase of natural resources. If someone has the rights to a resource, that person may likely be able to sell such rights in a manner that they determine appropriate. However, there are some exceptions to this rule.
Terms to Understand
- Easement: Limitations on rights to use land that a person does not own.
- Negative Easement: A commitment to not perform certain activities on land that does not belong to an individual. For instance, a person may have a negative easement on their property which disallows them from building a high wall which could potentially block neighbors from receiving sunlight.
- Riparian Rights: The right of a landowner to water that touches their property.
Practice Areas
Natural resources attorneys are usually hired by organizations such as energy firms who gather natural resources and convert them into energy as a business function. In addition, natural resource lawyers are also engaged by governments to defend the right of the public to access natural resources.
Dedicated lawyers at the SBEMP law firm serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney
Environmental law refers to the body of laws, agreements, regulation, and common law that regulates the manner in which human beings interact with their physical environment. Environmental law aims to protect the environment and develop laws for how people can utilize natural resources.
Environmental laws offer protection to the environment from harm as well as determine the terms of usage of natural resources. Environmental laws regulate aspects such as pollution, natural resource usage, protection of forests, animal and fish populations, and mineral harvesting.
Dedicated attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provide professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.
The scope of Environmental Laws
Environment regulations encompass a wide range of areas, such as:
Air Quality
These regulations protect the air from pollution. They may also include stipulations to protect the air from issues such as ozone depletion.
Water Quality
Water pollution also falls under the purview of environmental laws. These regulations may also establish who can use water and the handling of potential issues concerning water such as the treatment of wastewater as well as the management of surface runoff.
Waste Management
This class of waste management pertains to municipal waste, hazardous material, and nuclear waste.
Contaminant Cleanup
Prevention of pollution is not the only aspect that environmental law regulates. Contaminant cleanup encompasses addressing pollution after it has occurred. These regulations may include cleanup protocols and civil and criminal punishment of offenders.
Chemical Safety
Chemical safety laws regulate items such as the use of pesticides and chemicals in products like plastic bottles.
Hunting and Fishing
Environmental regulations may govern and protect wildlife populations. Lawmakers establish who can hunt and fish as well as the regulations on these activities.
Major Environmental Legislation
The River and Harbors Act of 1889 was the first federal environmental law. Much of the Harbors Act was revised by the Clean Water Act.
This Act made it a criminal offense to direct waste into navigable waters without a proper permit. Furthermore, it made it a misdemeanor to change a harbor, or waterfront or make alterations to a waterway by means of filling or excavating it.
Other important aspects of the federal environmental legislation are:
- National Environmental Policy Act
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
- Endangered Species Act
- Clean Air Act
- Clean Water Act
- Resource Conservation and Recovery Act
Sources of Environmental Law and the Environmental Protection Agency
Environmental laws originate from various places. A majority of federal laws are governed by the Environmental Protection Agency (EPA). The Title 40 of the Code of Federal Regulations details several environmental laws created by the EPA.
Some other federal bodies that govern the environment are:
- National Park Service
- US Fish and Wildlife Service
- Bureau of Land Management
- US Forest Service
Skilled and knowledgeable lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and other cities and towns in these parts of America for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
The Sustainable Groundwater Management Act
Governor Jerry Brown of California signed the Sustainable Groundwater Management Act (SGMA) on September 16, 2014. This is a combined bill comprised of three legislative bills. Senate Bill SB1168, (Pavley)Assembly Bill AB 1739 (Dickenson) and Senate Bill SV1319 (Pavley)
Understanding the Dilemma of Water in California
Prompted by a drought, which is common in California, this legislation helps in the regulation and management of underground water throughout California. Under this act, medium and high priority basins are regulated as to the amount of pumping that is allowed. Ground water is critically important as a reserve due to the frequent droughts in the state of California. When surface water gets used up, ground water is called upon. The Sustainable Groundwater Management Act requires agencies of medium and high basins to be in compliance by 2042.
The Groundwater Sustainability Agencies
Local agencies form Groundwater Sustainability Agencies (GSA) to manage their groundwater basins. As infrastructure is vital, overuse of groundwater from Aquifer systems can cause land problems with wells, buildings, and roads. Also, seawater intrusion is an important issue in California’s coastal groundwater basins. Interconnected surface water depletion usually results during droughts. Adequate groundwater is essential to keep water flow even and constant.
Let SBEMP Help You Become Fluid In Procedures Concerning the SGMA and GSA
Our experienced Palm Springs environmental attorneys are essential in helping local agencies navigate the law and understand requirements of these laws. The laws are complex, and our attorneys are well versed in transnational practice, as well as counseling on issues effecting real property. These include underground oil tank remediation, proper asbestos removal and removal of contaminated soil and of course when dealing with groundwater.
Our Palm Springs environmental attorneys can also offer counseling on proper hazardous waste packaging and disposal.
Our firm helps customers out with a number of issues and grievances. Below you will find a brief outline of 4 areas of expertise. (more…)