San Jose, California Legal Blog
Why you need an estate plan
Many across California and the rest of the country mistakenly believe that estate plans are solely for those with a high net worth. Of course, if you have significant property and assets, an estate plan is critical to plan for the future. However, an estate plan...
Things to consider when incorporating a trust into your estate plan
Though California is an expensive state in which to live, it is also home to plenty of residents who manage to acquire enough property and other assets to justify placing them in a trust. Revocable vs. irrevocable trusts There are several options when it comes to...
Legal limits on police searches and evidence exclusions
The Fourth Amendment to the U.S. Constitution establishes that law enforcement officers may only search people and property when it is legally reasonable to do so. The law generally requires police to get a search warrant from a judge before seeking evidence from a...
Supreme Court rules on traffic stop case
Civil rights advocates in California and around the country are likely to be disappointed by a recent Supreme Court Ruling. In an 8-1 decision, the justices ruled that a police officer in Kansas acted within boundaries laid down by the U.S. Constitution when he pulled...
Troubling truths about eyewitness identification
There is a lot of discussion about the reliability of eyewitness identification. It still remains one of the most compelling forms of testimony in jury trials in California. However, research suggests that memory is not infallible, and it often morphs over time as it...
High school finance clerk sentenced for embezzlement
A 64-year-old California woman has pleaded guilty to embezzling $709,084 from a high school in Orange County. After entering the guilty plea, she was sentenced to 14 years in state prison for 222 counts of felony embezzlement and misappropriation of money by a public...
Options for getting out of jail following arrest
If authorities have reason to believe that you have committed a crime, you may go to jail following an arrest. However, this does not necessarily mean you will remain in jail for an extended period. Depending on the circumstances, you may be able to arrange for your...
Charitable giving and estate planning
When it comes to supporting a charitable organization, philanthropically minded individuals have many options from which they can choose. Some people wish to donate their time or expertise while other people wish to donate their assets, be they financial or otherwise....
Is a joint will revocable?
Interesting issues come up every day in estate planning. One of these issues is whether or not joint wills are enforceable between a husband and wife. You and your spouse may execute your will, and both your wills may have the same thing that happens to the remaining...
Understanding the role of an executor
Creating a will is a crucial part of estate planning. You need to develop a written document of how you want your assets distributed, among other things. However, another critical part of this process is deciding on the executor of your will. This person has...
