Areas of Practice

Bankruptcy
Bankruptcy is a right authorized under the United States Constitution (Article I, section 8) and implemented by Congress to eliminate debts an honest person is unable to pay OR to lower the monthly debt repayment to an amount a person can reasonably pay over a period of time.

Real Estate Financing
Legal Advice and documentation in the preparation of real estate acquisition, development and financing transactions.  Legal counsel to principals, investors and brokers in transactions and in litigation.  Representation in commercial leasing and property management transactions.  Assistance with environmental issues which may arise in the purchase, sale, financing, leasing and ownership of real property.  Dispute resolution through negotiation, mediation, arbitration and litigation.

Real Estate Development
We represent developers of master-planned communities, age-restricted communities, high-rise condominium developments, mixed-use developments, urban infill/redevelopment projects, commercial/retail/office/industrial projects, and adaptive reuse and conversion projects.

Our law firm has expertise in obtaining state and local governmental project appeals, and we have developed strategies using nonprofit entities to provide additional funding for community services, environmental, affordable housing, and related programs.

We advise developers in all aspects of the residential sales processes, including compliance with federal and state law regulating, advertising, sales documentation and disclosure, and the establishment of homeowners associations and community services organizations, negotiation of contracts to provide telecommunications and other services to new communities, and dispute resolution between developer, home purchasers, and homeowners associations.

California Probate:
Probate is the legal process of transferring property following a person's death. Although probate customs and laws have changed over time, the purpose has remained much the same: an individual formalizes his or her intentions as to the transfer of his or her property at the time of death (typically through a Will), property is collected, certain debts are paid from the estate, and the property is distributed accordingly.

Estates are categorized as probate or non-probate property. Probate property is property that is transferred by the provisions of a Will. Non-probate property is property that is either jointly held and passes by right of survivorship, is directed by beneficiary designation such as an IRA or a life insurance policy, or passes according to the terms of a trust.

California Wills:
A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity, and formation of posthumous trusts. In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses, and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

Will Contest Litigation:
A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

• the testator lacked mental capacity, i.e. was senile, delusional, or of unsound mind at the time the documents were created
• the testator was subjected to fraud, coercion or undue influence during its creation and implementation
• there are ambiguities in the document, or
• the Will is a forgery, or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court may disallow only the part of the Will that was challenged, throw out the entire Will of the decedent (distributing the property as if the person died without a Will), or use the last previous Will, depending on state law and the specific facts and circumstances.

California Trusts:
Trusts are estate-planning tools that can replace or supplement Wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. By maintaining assets in a Trust, it is often easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over the course of time, rather than distribution in a lump sum. This strategy can reduce the Beneficiary's tax and allow the Trust to grow through investment, and keep assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations. Although my office does not create the trusts, they can invalidate a bogus trust similar to the grounds in Will Content Litigation (paragraph above).