News

A trademark is a business asset: Why infringements require prompt action

Let’s talk about a business asset called trademark. Remember President Donald Trump’s mysterious tweet on May 31? It read: “Despite the constant negative press covfefe”. That was it. The internet went abuzz. Every news network covered the cryptic message, its meaning and implications extensively. And the comedy shows had a field day or even a field week. No surprise there. But the stir also reached a federal institution, the U.S. Patent […]

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Proving Undue Influence in Probate Court

Let’s talk about elder financial abuse and undue influence, and let’s start with a hypothetical scenario. Bill is an only child. Upon his father’s death, he learns that his dad’s last will leaves a third of his estate to a woman called Leeanne. Bill is stunned. His father had long been telling him that he is his sole heir. And as for Leeanne — yes, she entertained his dad by […]

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Your small business receives a subpoena — What should you do?

Let’s say you’re a small business owner. You just started a little coffee shop on the corner of Hill and Main, or you run the auto repair place that your grandfather founded back in the 1930s. Things have been going well — until, one day, you receive a subpoena. You take a quick look. In addition to the word subpoena, a box on the first page of the document jumps […]

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Learning from Prince: Why it pays to have an estate plan with trusts and a will

One year after Prince’s death on April 21, 2016, the fate of his estate remains up in the air, and according to a recent article in the New York Times, the six likely heirs to the pop icon’s vast fortune are fighting. At issue are legal fees and the question how much discretion the estate’s administrator should have in managing the estate. But the disputes — as well as a […]

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Repeal or no repeal? President Trump has promised to abolish the federal estate tax, but uncertainty rules

Friends and clients have lately been asking me: Will President Donald J. Trump repeal the federal estate tax like he promised on the campaign trail? What happens if he does? How will any possible change affect individuals like me? Your questions may sound similar, and you should hear what I’ve been telling people. First, the details of Trump’s plan are still murky. Second, it is politically uncertain whether Congress would […]

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No-contest Clauses, Wills and Lawsuits: Why in Estate Planning Small Details Really Matter

When somebody dies with an estate plan and a last will in place, the deceased person’s assets usually pass to the heirs smoothly and swiftly. But every once in a while things go awry, and the courts get involved. So it happened with a case that the 2nd District Court of Appeal in Los Angeles filed in November, Estate of Dayan. The case hinged on a no-contest clause in the […]

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Happy New Year from Kevin J. Moore & Associates

Now that the holidays are behind us and the new year is upon us, we want to take this opportunity to thank our clients, friends, and colleagues for helping us to make 2016 a great success! From the bottom of our hearts, we thank you! It was with great pride and gratitude that we were able to share the official reopening of our offices at our “open house” holiday gathering […]

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IRS Proposed Rules Will Substantially Increase Estate and Gift Taxes

On August 2, 2016 the IRS announced proposed rule changes that may have important consequences for assets that are owned by families.  If the rules are finalized in their current proposed form, they will likely go into effect in December 2016.  As is explained in more detail below, it is imperative that families that are contemplating transferring assets to family members act now to lock in the current more favorable […]

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Financial Disclosures: Accuracy and Timeliness Pay Off

Did you know that more than two in five Americans admit to having deceived their spouse about money? That three out of four people who admitted to the behavior say that it has affected their relationship? That 12 percent say it led to divorce? The numbers, which the National Endowment for Financial Education published earlier this year, sound staggering. Yet, as an attorney involved in business and family law litigation, […]

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When Siblings Act as Co-Trustees: Potential Pitfalls in Estate Planning

We’ve all seen families fall apart. Siblings stop talking with each other. A son or a daughter cuts a parent out of his or her life. Obviously, the reasons for such breakups vary. But in my experience the number one divider is money. The best way I know to prevent family feuds over assets is to create an estate plan that works, and to avoid potential pitfalls in the process. Here’s […]

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