Civil Litigation Archives | Page 3 of 31

Surrogate Court

The Surrogate’s Courts are responsible for cases that involve the affairs of decedents (people that have passed away.) This includes administration of estates and probate of wills. The executor files Wills for opening probate in the Surrogate’s Court.

The Surrogate Court judge will officially admit the will to probate, appoint an executor and issue Letters Testamentary for providing the executor with power to execute all official duties. The probate’s final accounting will be filed in Surrogate’s Court. The Surrogate’s Court will use the state laws of intestate succession for administering the estate in case there is no will to probate.

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, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Functions of a Surrogate Court Practice Lawyer

Surrogate court practice attorneys are also called probate lawyers. They are hired for settling an estate. The Estate Plan dictates all next steps following the death of a loved one. Probate is usually necessary if the decedent had a Will.

You should know that Trusts don’t go through probate. This can make the process much more private and less complicated. However, in case there is only a Trust involved, a probate attorney can still be useful to the Trustee in administering the Trust.

Many people are concerned with who exactly does a probate attorney represent. Probate attorneys may either represent a personal representative, heir to the estate (beneficiary), or the estate itself. In some cases, they may play more than one role. However, this rarely ever happens.

Several things can be accomplished by a probate attorney for settling an estate and assisting the Executor and all beneficiaries. These are:

Collecting the proceeds of life insurance policy
Determining and paying inheritance taxes
Paying all due income and estate taxes
Identifying the estate assets
Making final distributions after paying all taxes and bills
Opening and managing a checking account for the estate
Ordering property appraisals for tangible property
Paying final bills and debt
Preparing and filing court documents
Paying final bills and debt
Preparing court documents
Retitling assets

When Do You Need a Surrogate Court Practice Attorney?

Multiple scenarios and factors will determine whether you need a probate lawyer or not. You may need to consider things like:

Are your state laws complicated?
Type of Estate Plan set up by the decedent
Do they have a Will or a Trust?
What is the estate size?
Are there any beneficiary relationships in contention?
Are beneficiary designations and assets complicated?

These considerations should be factored in your decision of needing an attorney.

You will have to deal with probate if the decedent only had a Will. The next logical step is to evaluate the complexities and the difficulties of the probate. It is obviously more important to hire a Surrogate Court practice attorney if the estate is complicated.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

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, Indian Wells), CA; Indian Wells, 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.

Chapter 7 Bankruptcy

Bankruptcy is not something you should take lightly. This makes it important to understand it clearly. Asset liquidation is controlled by Chapter 7 of Title 11 in the US bankruptcy code. Nonexempt assets will be liquidated for the purpose of paying creditors by appointing a bankruptcy trustee. Remaining debts once the proceeds get exhausted are automatically discharged.

Eligibility requirements dictate the filing of Chapter 7. For instance, the debtor should not have any discharged Chapter 7 bankruptcy in the preceding 8 years. They should pass a means test as well.

Overview of Chapter 7 Bankruptcy

The absolute priority rule in Chapter 7 bankruptcy stipulates the order by which debts get paid. Unsecured debt is segregated into categories or classes under this rule. Each class receives a certain payment priority. Secured debt refers to debt secured by collateral for reducing risk associated with lending.

Generally, unsecured priority debts, such as child support, tax debts, personal injury claims, and others are paid off first. The next in line for payment is secured debts. Finally, unsecured debt or nonpriority debts are paid off with the remaining amount from liquidated assets.

Nonpriority debts get paid on a pro-rata basis if there are not enough funds to pay all of them.

Process of Chapter 7 Bankruptcy

Counseling and Forms

Filers need to undergo credit counseling before they can begin the Chapter 7 bankruptcy process. This needs to be done within six months of filing bankruptcy. This step can be foregone if the district does not have an approved counseling agency. Several forms need to be completed by the applicant as well. This includes a court petition to begin the proceedings for Chapter 7 bankruptcy.

Meeting of Creditors and Trustee Appointment

An unbiased trustee will be appointed by the bankruptcy court for overseeing the entire process. Assets will be reviewed by them for determining the ones that can be liquidated. The trustee will schedule meetings with different creditors to validate their petitions.

Repaying Debt

Personal assets and finances of a debtor are reviewed by the bankruptcy trustee. The debtor can retain exempt property or the assets required for maintaining basic standards of living. All nonexempt property will be seized and liquidated. Each state has its own property exemption rules. However, in most cases, the debtor can keep their personal possessions, primary home, and car.

Remaining Debt Discharge

Remaining debts that cannot be paid for are discharged under Chapter 7 bankruptcy. Debtor in this case gets released from all personal liability. Creditors are not allowed to seek further restitution once the debt gets discharged under Chapter 7.

Ramifications of Chapter 7 Bankruptcy

Debtors need to be sure Chapter 7 bankruptcy is right for them since there are serious negative consequences to filing this bankruptcy. All bankruptcy documents should be kept safely since creditors can always attempt to recover debt even after they get discharged.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Health Care & Reproductive Rights

Reproductive rights refer to the ability to decide when and whether to have children or not. These are important to the socioeconomic wellbeing of women and their overall health.

Research indicates that the ability to make decisions about entering parenthood and one’s reproductive life allows for greater stability and satisfaction in a relationship. It also results in better work experience, average career earnings, and increased wages for women.

In the United States, policies affecting the reproductive rights of a woman have significantly changed in recent years at both state and federal levels.

Legal Right to Abortion

The 1973 Supreme Court case Roe v. Wade established a woman’s legal right to abortion. Nonetheless, state executive and legislative bodies continue battling over legislation regarding access to abortion because of this controversial decision. The arguments include discussions over parental notification, consent, and mandatory waiting periods.

Furthermore, public funding for the purpose of abortion continues to remain a contested issue in several states. Since 1977, federal law has banned using federal funds for the purpose of most abortions. Federal law doesn’t allow abortion using federal funds unless the pregnancy places the woman’s life in danger or is as a result of incestuous sex or rape.

These restrictions are reinforced by the Affordable Care Act of 2010. Medicaid programs have an option of covering abortions using only state funds.

Contraceptive Coverage and the Affordable Care Act

Women’s access to contraception has been expanded through the 2010 Patient Protection and Affordable Care Act (ACA). This is by ensuring healthcare insurance companies to offer coverage for contraceptive counseling and services without any out-of-pocket costs for all FDA-approved contraceptive methods.

This is a particularly significant change for lower-income women that struggle with the financial burden of purchasing contraceptives on a regular basis.

State Medicaid Family Planning Eligibility Expansions and Medicaid Expansion

The Affordable Care Act, which had a huge impact on health insurance choices for so many, has directly expanded the number of people with health insurance coverage and has helped in increasing access to contraception. Rates for uninsured women have been significantly reduced with the ACA. This is especially true for women aged 18 to 24 that are allowed to stay on their parent’s insurance plans until they reach the age of 26.

The percentage of women aged 18 to 24 without health insurance was reduced from 24.9% in 2008 to 15.9% in 2014. Uninsurance rates for other women dropped by 18%. More than 13% women lacked insurance in 2008. This number was reduced to 10% in the early months of 2014.

Additional Family Planning Resources and Policies

Reproductive choices of men and women are increased substantially by infertility treatments. However, these treatments can be prohibitively expensive. This is especially true when they are not covered by insurance. Legislatures of several states have passed measures to get insurance companies to offer coverage for infertility treatments.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Personal Injury Cases

Banner personal injury law word vector illustration concept with icons

Personal injury or tort law allows an injured person to acquire compensation for the harm caused by the wrongful, negligent, or intentional actions of another. There are a wide variety of situations which can give rise to valid personal injury claims. However, it’s critical to understand that not all types of injuries result in legal liability.

Car Accident Lawsuits

Car accidents result in the greatest number of personal injury lawsuits in the United States. Generally, accidents occur because someone doesn’t drive carefully or follow the rules of the road. Careless drivers can be held responsible for injuries resulting from a car accident. There are exceptions to this in “no fault” states. In these states, the drivers need to collect from their own insurance companies except when they suffer serious injuries.

Slip and Fall Lawsuits

Property owners have a legal duty to keep their properties free of hazards and reasonably safe. In some situations, people renting the property have the same responsibilities. This is so that others on the property do not suffer an accident. You should know that every injury occurring on a property will not automatically lead to liability. Landowner’s legal duty can vary depending on the law of the place and individual situations.

Medical Malpractice Cases

Medical malpractice lawsuits involve negligence on the part of a health care professional or the doctor. This is usually during the course of providing treatment when the actions fall below the appropriate medical standard of care resulting in a person getting injured. However, it’s crucial to understand that just because you get a bad result during your treatment, you cannot file a medical malpractice lawsuit.

Dog Bite Injuries

Dog owners, in most cases, are financially responsible for any injuries, including bites caused by their dogs. The exact nature of dog bite and animal injury laws vary according to the state. Some states follow the strict liability rule. In this case, a dog owner is liable for injuries and damages even if the dog never showed any signs of aggression in the past.

There is also the ‘one bite’ rule followed by some states. In this the dog owner is responsible for personal injury damages only when they have reasons to believe their dog may be prone to biting or aggressive.

Intentional Torts Including Assault and Battery

Intentional torts are not based on accidents as a result of carelessness and negligence unlike other popular types of personal injury lawsuits. These occur when one person injures or harms other on purpose.

Defamation

Defamation is a term used for injuring the reputation of another person by using statements that are untrue in nature. These are usually in the form of slander or libel.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

LGBTQ+ Law

Laws can often be more complicated for the LGBTQ community. Jobs, relationships, and daily activities for lesbian, gay, bisexual, transgender, and queer couples or individuals can mean coming in regular contact with laws and rules. The ever-changing legal landscape surrounding LGBTQ means folks need to be stay up to date with current legislation.

Understanding Sexual Orientation Discrimination

Sexual orientation discrimination occurs when an employer discriminates against an employee based on their sexual orientation. For instance, it is discrimination when an employer:

refuses to hire transgender or gay employee
fires a lesbian employee for marrying her same-sex partner
removes gay employees from positions that involves customer contact

It is discriminatory when employers base employment decisions on sexual orientation of heterosexual employees as well. For instance, bars or restaurants that have a large gay clientele cannot refuse to hire a straight bartender or waiter.

Same-Sex Marriage Is Recognized By the Federal Government

The federal government recognizes valid same-sex marriages. In fact, the decision made by the US Supreme Court in US v. Windsor on June 26^th, 2013 has paved the way for same-sex married couples to acquire federal benefits.

The Supreme Court while hearing the Windsor case struck down a federal act section that limited marriage to between a man and a woman. The alteration was made to the federal Defense of Marriage Act (DOMA)

Legally married same-sex couples, as a result, can now qualify for federal benefits. However, this is only for the most part since rules of eligibility differs between federal agencies.

Child Adoption for Same-Sex Marriage Couples

There are many states that allow gay and lesbian couples to adopt children jointly. This makes both parents legal at the same time. These adoptions are generally through adoption agencies – domestic and internationally. They can also be done independently where the birth parents and adopting parents speak directly with an attorney or another intermediary present.

In lesbian couples, one partner can give birth to the children and the other can adopt the child through a stepparent or second parent adoption.

Terminating Registered Domestic Partnership or Same-Sex Marriage

You may need to do nothing more than fill out a form if you are registered with a business or local government as domestic partners to end the registration. However, if you are married, you would need to follow the resident state’s divorce procedures.

The same holds true for dissolving the domestic partnership. Most states treat these dissolutions as divorces and you would have to file in a family court.

Handling Gender or Name Changes

LGBT individuals may want to change their names legally to better reflect their life changes. Sometimes, a person may seek to change the gender in their identity documents. Experienced counsel can make it easier to navigate the system and achieve those changes.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Best Costa Mesa Law Firm

You need to find an experienced legal professional if you find yourself in legal crisis or trouble. Legal experts can go a long way in safeguarding your private properties and business. They can help you deal with all manners of civil matters. This is why it’s important to follow rigorous shortlisting protocols while choosing a law firm.

Things to Consider while Selecting a Law Firm

Generally, it is important that you consider several factors while choosing the right law firm. Here are a few important considerations as highlighted by legal experts:

Credibility

Trust is an important factor while choosing between different law firms. You should be able to vouch for the firm’s credibility. Trust should extend to all levels of the law firm – from the receptionist to the topmost attorney. Professional credibility plays an important role in attaining trust in the law firm and their approach. 77% consumers try to identify a law firm’s credentials and experience before making a choice.

Ability & Service

The law firm you choose should have the capability and the ability to attain the results that you seek and deserve. They should provide you with great service. Make sure you study the firm’s attorneys’ background and credentials. You should also observe how you get treated. Does the law firm return your phone calls timely? Have they provided you with the name and contact information of past clients?

Experience

Experience matters too when it comes to choosing the right law firm. The law firm should have a track record of resolving wrongful death cases and personal injury lawsuits against large corporations. It is important to have substantial trial experience as well. Most lawyers don’t have any trial experience. You should find an attorney with trial experience even if you think your case will settle out of court.

Know-How

Does the law firm know what they are doing? Are they skilled, capable, and knowledgeable? Some law firms are better adept at handling particular cases than others. All law firms are not created equally. You should find a law firm that has the right kind of skills in the relevant legal area.

Most lawsuits get settled before trial. However, the only way you will get what you deserve is through negotiations. Your lawyers should be exceptionally good at negotiating and arguing if you want to get what you deserve.

Strategic Partners

Another important factor to consider is whether the law firm has strategic partners that are resourceful. The network should include a strong team of appraisers, accountants, consultants, forensics experts, and medical specialists among others.

You should get local lawyers involved depending on the place you live. This will help you attain a local perspective. You can also consider a good legal firm with national experience and technical know-how.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Best Law Firm in San Diego, CA

You may need legal services at some point in your life, whether it is to seek compensation for injuries, transfer of business ownership, or finalizing a divorce. While your legal needs may differ, the guidelines to choosing the best law firm in San Diego remain the same.

Here are a few key factors you should consider while seeking legal representation.

Capability

The first thing you should look at is how capable the law firm is in obtaining the results you require. They should not just offer good service but also provide the expected results. Are you treated well? Will the case be handled by lawyers? Do they have references you can speak with?

Track record

Experience matters but only when majority of it is successful. You do not want to be stuck with a law firm that has decades of experience but no case winnings to show for it. You should also ensure that the firm has relevant experience. For instance, does the law firm have substantial trial experience in resolving personal injury claims against large corporations?

Strategy

You need to find lawyers that know what they are doing. This comes from a deep knowledge of the particular legal field and other lawsuits handled by them. Some law firms will always be better than others. It is up to you decide which one you want representing you.

Size of the law firm

While size may matter in other aspects of life, bigger is not always better when choosing a law firm. In fact, larger firms are required to handle dozens of cases at the same time to cover their overhead. It may be better to stick to a small firm where you know that your case is a priority.

Partnerships

Check whether the law firm would be willing to add lawyers from other firms to strengthen the legal team. Such strategic partnerships are not unheard of, especially when in the best interest of a client. It may become necessary for your attorney to partner with another lawyer and share resources, expertise, and research to build a stronger case.

Experience

You need to determine whether the lawyers have experience providing the specific legal services you need. Having bookish knowledge is very different from practical experience. This could be the difference that makes or breaks your particular case. Experienced attorneys know the important factors that can change the outcome of a case beforehand.

Communication

Does the lawyer communicate effectively? Can you speak comfortably with your attorney? Does the law firm reply to your queries and calls in time? Clear communication is necessary to a successful lawsuit. An attorney cannot build a strong case without hearing your side of the story completely.

Have any legal questions? Contact SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Civil Litigation Law

Civil litigation attorneys specialize in several areas, including family law, employment law, and personal injury law among others. These lawyers are your best option when you are looking for someone to cover all the bases. Sometimes, civil disputes cannot be amicably agreed upon and end up in court. You can greatly benefit by hiring a civil litigation lawyer in such instances.

Areas covered

Civil litigation attorneys cover a wide array of legal fields including:

Personal injury claims
Environmental law
Medical malpractice

Anti-trust litigation
Real estate lawsuits
Divorce
Product liability suits
Landlord/tenant disputes

Builder’s Liens
Mechanics Liens
Constructions Liens
Estate Litigation
Business Disputes

Shareholders Oppression

Most civil litigators specialize in one or two fields. If you need they can always refer you to a capable colleague that can handle your case.

When to hire a civil litigator?

The primary reason to hire a civil litigation attorney is because you may not be aware of the legalities surrounding your matter. Law has several loopholes which are difficult for the average professional to navigate. Other reasons to hire a civil litigation lawyer are:

Financial Savings

Lawyers have a deep understanding of the legal process. They can save you from potential fines, penalty fees, and court costs. They may also win the case which could be lucrative to you. You may not have to pay the other person or may get compensated for your damages and injuries.

Avoiding Incrimination

Civil litigators can coach you on the right way to speak in court. Sometimes, honesty or speaking too much can harm you when in court. Majority of people who do not deal with courts on a day to day basis don’t see how. But, lawyers can prevent you from self-incriminating when speaking up in court.

Lowered Risk

You increase the odds of running things smoothly when you retain the services of a civil litigation lawyer. You also ensure that you have someone on your side if things go south. Civil litigators have the necessary experience and training to handle situations that may be way beyond your level of expertise.

For instance, civil litigation lawyers understand paperwork, including complex contracts that the average person struggles to understand. They will coach you to speak appropriately in court. They will even train you to avoid saying things that may incriminate you.

Achieving Settlements

Civil litigation attorneys can come in very useful when you are trying to settle a support case with your spouse. Divorces are almost always a steep uphill battle with no end in sight. Losses are borne by both spouses regardless of which side they are on.

Experienced civil litigators can determine the results of a dispute based on past experience and legal knowledge. They can help you assess whether any payment shall be offered or if you should accept (or make) it.

Have any legal questions? Contact SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Venture Capital Law

Venture Capital refers to the financial capital offered to startup companies in their early stages that have a high potential for growth after the initial round of growth funding, commonly known as seed funding. These companies are targeting for eventual initial public offerings or even a trade sale.

They are interested in venture capital because most of these companies are too small to raise adequate capital in the public markets, procure bank loans, or even total debt offerings. Since the investment is high risk, most venture capitalists acquire considerable control over decisions of the company and also a major portion of the ownership of the company.

Financing and M&A Transactions

Venture Capital (VC) law includes several financing and M&A transactions, containing public/private and private/private mergers, along with, extensive strategic partnering transactions (i.e., licensing matters, acquisitions, Original Equipment Manufacturers (OEM), technology development partnerships and other joint ventures) and reseller and Value Added Reseller (VAR) arrangements.

This kind of law also includes many non-VC financing transactions which involve the public and private sale of equity securities and debt. Attorneys serving as primary counsel to several developing company clients are usually considered as outside general counsel.

These attorneys offer extensive operational counsel on a variety of matters that are fundamental for the developing company and its investors, including matters of employment, issues of compensation, protection of intellectual property, monetization and enforcement, and policy work. Comprehending the client’s technology and the market in which it competes is vital for the success of these operations.

Startups and Tech Companies

Young companies that are interested in venture capital generally have rare, highly sought after qualities, for instance innovative technology, the potential for fast growth, or exciting models of business and management teams. Due to the high risk and the requirement for high returns, venture funding is a costly capital source for companies and explains its popularity in rapidly-growing areas like technology including cleantech and the life sciences. 

Depending on a venture capital legal practice’s availability of resources and size, startup clients may depend on them for nearly everything legal and quasi-legal. Entrepreneurs often involve their legal counsel in all of their new projects and investor clients generally refer their portfolio companies to the legal counsel.

Due Diligence & Venture Capital Law

Prior to considering investing in a startup, your investment attorney should conduct a thorough due diligence check to look for any potential liabilities and make sure that everything within the company is as it appears. A crucial part of this process is the legal opinion on the company given by an outside investment lawyer.

This opinion will give an impartial assessment of procedures and records relating to the formation of the company, make sure that corporate capitalization and governance are in order, and investigate that the company has the legal authority as well as approval to enter into a VC funding transaction. This subject can be contentious—startups are concerned about the expense of such an opinion—but it is nevertheless vital.

Venture Capital Financing Contracts

The investment contract is a complicated legal instrument that consists of a number of key documents. As an investor, it is essential to negotiate the terms with the assistance of an investment lawyer who has a lot of experience to ensure that the terms are in your favor.

Have any legal questions? Contact SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

One valley, nine cities, five tribal governments, and one pandemic: How can local governments work together to lift the entire region? Will the impacts of the coronavirus encourage a regional strategy that some (including CVEP and CVB) have been advocating for years? City and tribal leaders discuss the issues.

Valerie Powers Smith, partner and chair of Trusts, Estates & Probate and Special Needs and Elder Law departments at SBEMP law firm, will be joined in the discussion by Reid D. Milanovich, Agua Caliente Band of Cahuilla Indians; David Ready, City of Palm Springs, and Supervisor V. Manuel Perez, County of Riverside.

For more on the webinar series including how to register for future segments, visit https://www.palmspringslife.com/our-events/

For a further discussion of Governance in the October 2020 issue of Palm Springs Life, visit: https://www.palmspringslife.com/coachella-valley-future/