Avoiding Probate in California
When someone passes away in California, their assets and debtsare administered in accordance with any estate plan adopted by them during their life and, as applicable, California law. A decedent’s estate can either be administered under a Trust, of if a decedent didn’t leave a Trust, through the process known as Probate. When an individual dies without a Trust, and the value of whose ‘probate assets’ exceeds $184,500, his or her assets will be distributed through the probate process in accordance with California’s laws and procedures. If the decedent dies, having previously appropriately executed a Will, or dies intestate (without [...]
Avoiding Employment Discrimination Claims: A Guide for California Employers
The employment law attorneys at Fauver, Large, Archbald & Spray are available to help our clients respond to and defend employment discrimination claims including claims based on protected class discrimination, sexual harassment claims, and retaliation claims. More importantly, we want to help our clients realize their business goals by avoiding discrimination claims before they arise, minimizing the negative impact of employment lawsuits and conflict in the workplace whenever possible. In this article, we will review some of the recommended policies and procedures, strategies for avoiding workplace discrimination, and best practices including: A general overview of the types of employment discrimination [...]
Estate Tax Considerations for 2022
The state of California is one of the most taxed in the country when it comes to income taxes. But there is some good news for those concerned about estate taxes — the state of California is one of the states that does not charge an estate tax. To learn more about California's transfer tax planning considerations for 2022, continue reading. Tax Exemption on Gifts and Estates This year, the federal estate and gift tax exemption has been increased from $11.7 million to $12.06 million, allowing U.S. residents to give away an extra $990,000 in the aggregate to non-spouse [...]
Key Things to Understand When Leasing Retail Space
Once the ink on a commercial lease for an office building or retail space has dried, it's too late to make adjustments. Commercial leases are important documents that require careful examination and a basic understanding of lease concepts. You want to get the greatest deal for your company, which means before you sign a lease, you want to be sure you have carefully investigated its terms to make sure it meets your business's needs. How Commercial Leases Differ from Residential Leases It is critical that you take the time to carefully consider commercial leases, as they are generally more [...]
Updates to Severance Agreements Under California Law
California's "Silenced No More Act" (SB 331) changed the Code of Civil Procedure and the Fair Employment and Housing Act (FEHA) to place additional limits on severance and settlement agreements. In light of the passing of SB 331, employers with California workers or remote workers in California have been directed to examine and update severance and settlement agreements. SB 331 FAQs When did SB 331 go into effect? Agreements signed after January 1, 2022, are subject to SB 331. What are some key excerpts from SB 331? In the context of a settlement, SB 331 broadens prohibitions on nondisclosure. [...]
What Are the Main Mistakes That Are Made in the Formation of an Entity?
Starting a new business venture may be both thrilling and terrifying. Mistakes might cost you a lot of money. While starting an entity, you'll want to avoid these six typical blunders. 1st Mistake: Selecting the Wrong Business Structure When starting a business in California, the first step is determining which sort of entity would work best for your needs. For instance, would you prefer a sole proprietorship, a general partnership, a limited partnership, a limited liability company, a C corporation, or an S corporation? Do you have any future plans to raise money from outside sources in order to [...]