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June 2014 Archives

Out of State or Country Assets in Your California Trust

Can out of State assets be held in your California Trust? A Living Trust, a common Estate Planning tool,  created for a California resident is typically created under the laws of California, unless otherwise advisable. This raises the question as to whether or not that Trust can only hold your assets owned in California, or whether it can hold your assets owned elsewhere. Fortunately, owning property in different states does not necessitate having a different Trust in each state.

New Approach to Land Use Disputes - U.S. Supreme Court-Village of Willowbrook v. Olech.

A new approach to land use and litigation disputes under Village of Willowbrook v. Olech may arise in a variety of circumstances; e.g. downzoning, restricting use of property for environmental purpose, denial of development permit, a subdivision map, a conditional use permit, a lot line adjustment or a certificate of compliance. These are just a few of the circumstances that may give rise to a Federal Court Action as a Class of One to challenge the local jurisdiction's acts.

Estate Plan: Assets Owned Jointly or With Beneficiary Designation

An Estate Plan must consider the assets owned jointly between you and another person, such as a residence  or assets for which you have designated a beneficiary, such as a life insurance policy.

My Incorporation Documents Were Prepared by an Online Service; Is My Business Protected?

As a recent Forbes article titled "Legal Mistakes That Haunt After Death: Three Cases" pointedly highlighted, and as this blog acknowledged last month, legal documents are not something that should be left to an online document preparation service. Effectively, an online preparation service takes your basic information (ie. name, address, phone number, etc.) and inputs the data into a blank, one-size-fits-all form. Online document preparation services simply input raw data and do not analyze and personalize your legal documents like the experienced attorneys at The Loftin Firm.

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The Loftin Firm, P.C.

The Loftin Firm, P.C.
5760 Fleet Street
Suite 110
Carlsbad, California 92008-4713

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