A trustee, whether an individual or a corporate entity, is appointed to manage and oversee the assets held within a trust for the benefit of the beneficiaries. The trustee role carries significant responsibility and potential legal liabilities. Understanding trustee liability is essential for anyone serving as a trustee or considering taking on this role. This knowledge helps navigate the complexities of trust administration and ensures fiduciary duties are met. Missteps […]
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How Can a Trust be Challenged? As California lawyers, the attorneys at KJMLAW Partners are often asked about how to challenge a trust or how to create a trust that will withstand a challenge. Trusts are powerful legal instruments designed to protect assets, provide for beneficiaries, and facilitate estate planning. However, like any legal arrangement, trusts can be subject to challenges under certain circumstances. Whether due to suspicions of undue […]
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On April 16, 2024 the Canadian Federal Government issued its 2024 Budget that announced key changes in taxation coming into effect on June 25, 2024. These changes particularly impact the taxation of estates and will likely have a profound impact on estate/succession planning for both Canadian residents and non-residents with investments/assets located in Canada going forward. Capital Gains Taxes Imposed By The Canadian Federal Government Following Death Unlike the United […]
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There is a significant regulatory development that may impact your business operations—the Corporate Transparency Act (“CTA”). Enacted as part of the National Defense Authorization Act for Fiscal Year 2021, the Corporate Transparency Act introduces new reporting requirements for beneficial ownership information (“BOI”), aimed at enhancing corporate transparency and preventing financial crimes. Overview of the Corporate Transparency Act The Corporate Transparency Act mandates that certain entities disclose BOI to the Financial […]
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What is An Omitted Spouse? When a spouse dies, the will or trust most commonly provides that their surviving spouse will receive all or most of their property and assets. The presumption that a surviving spouse should receive something is so strong that California law protects the surviving spouse even if they aren’t mentioned in the will or trust. Under California law, such a spouse is considered to be an “omitted spouse.” […]
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We’ve all heard horror stories about families that fall apart after the death of a parent. Siblings stop talking with each other or even end up suing 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 primary reason is that the death of a parent almost always raises difficult and emotional […]
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This past year, Ontario, Canada drastically changed its succession laws in relation to how separations and marriages affect the validity of wills and the rights of surviving spouses. Now, under the laws of Ontario, separated spouses will not inherit under their former partner’s will or from a former partner’s intestate estate provided the couple was separated on or after January 1, 2022. Furthermore, marriages on or after January 1, 2022 […]
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When someone passes away, we have a sense of whom we expect to inherit the bulk of their property and other assets. When those expectations do not come to pass, the law sometimes intervenes and overturns the expressed desire of the person who passed away, as reflected in their will, codicil, trust, and related documents. The idea that specific provisions of a will or trust should not be carried out […]
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KJMLAW Partners was featured in Pasadena Outlook’s latest edition. The firm recently celebrated their 30 year anniversary and the local paper highlighted the celebration. The anniversary party launched a rebrand and company name change. Previously Kevin J. Moore & Associates now KJMLAW Partners, is ready for the next 30 years with new attorneys and a new additional Shareholder, Debby Doitch.
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California’s recently passed Prop 19, is increasing residential property taxes. Please register for Kevin J. Moore’s Zoom webinar here: https://zoom.us/webinar/register/WN_nHIl8caRQHCAFZx0pb9PfQ to learn more about this and what you can do to properly prepare. The Zoom webinar will be conducted on Wednesday, December 9, 2020 from 2:00pm-3:00pm PST.
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Trust Revocation In California and Naming of New Trust Beneficiaries Most trusts are revocable, and it is not uncommon for those who establish a trust (known as settlors) to revoke that trust and replace it with another, naming different beneficiaries. That is what happened in a trust revocation case in CA that became the subject of an appellate court opinion published in July 2020. Cundall v Mitchell-Clyde: Trust Revocation The […]
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Kevin J. Moore was recently quoted in MSN.com article “10 steps you can take right now to reduce your tax bill”. One of the ways you may reduce your tax liability is through tax-loss harvesting. Tax-loss harvesting is the selling of assets, such as stocks at a loss, in order to offset gains realized on other assets or stocks. In the article, Mr. Moore explains the importance of tax-loss harvesting […]
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When someone has changed a will or trust just a few years before they pass away, this can lead to an accusation that someone has used a position of confidence or authority in order to take unfair advantage. Undue influence is the legal term used to describe this situation. Undue influence often arises with a husband and wife who have been married for several decades, built a family, own a […]
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The Supreme Court ruled in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust that a state does not have the authority to tax a trust’s undistributed income solely because the beneficiary resides in that state. This case potentially had far reaching implications if the unanimous decision was ruled in favor of North Carolina. States often seek new avenues of revenue through taxation but The Kimberley Rice […]
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Ceo Blog Nation’s 21 Entrepreneurs Share Their Best Marketing Tips list includes Kevin J Moore’s top tip. Marketing is the key to a successful business and there are a number of ways to effectively market your ideas. Read more: https://rescue.ceoblognation.com/2019/05/31/entrepreneurs-share-their-best-marketing-tips-2/
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Kevin J. Moore was recently quoted in LAist.com article “Why LAUSD’s Measure EE to Fund Schools is on Shaky Legal Ground.” Mr. Moore has handled property tax cases for about 15 years and discussed property tax issues related to the language within the measure. To read full article visit: https://bit.ly/2Q6Kkut
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In September of 2018, the California Legislature enacted the Uniform Trust Decanting Act. Decanting is defined as the ability of someone to distribute property from an irrevocable trust (“the first trust”) to one or more second trusts or to modify the terms of the first trust without the consent of the beneficiaries of the first trust or approval of the court. California’s new decanting statute is highly technical, replete with […]
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We regularly litigate cases involving allegations that family members or other caregivers convinced an elder with dementia to change their will or trust in order to cut someone out or get a bigger share for themselves. A will or trust that has been changed can, however, often be reversed and assets can be recovered if you can show that the person should not have been allowed to make those changes. […]
Read MoreA new California law requires active attorneys licensed in California to be re-fingerprinted. Today, the KJMLAW Partners Firm brought in American Fingerprinting Live Scan to help our entire building get fingerprinting completed before the April 30, 2019 deadline. For more information on Fingerprinting Rule Requirements visit : http://www.calbar.ca.gov/Attorneys/Attorney-Regulation/Fingerprinting-Rule-Requirements
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The recent passage of the Tax Cuts and Jobs Act (TCJA) increased interest in C Corporations. The Act permanently reduced the federal income tax rate on C Corporations from 35% to 21%. The widespread media coverage has led company founders, shareholders, and investors to ask whether they would benefit from being a C Corporation. There is another less publicized provision of the IRS Code that may also benefit shareholders of […]
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