Top 4 Mistakes to Avoid When Writing a Will

May 10

Posted by catanese in Estate

According to a recent article, approximately half of American adults with children have yet to write a will. While writing out a will might be the last thing on your to-do list, it’s extremely important to have one in order to protect your assets and ensure your loved ones are taken care of if the case of your sudden passing. It’s also important to take the time and hire an experienced Los Angeles estate litigation lawyer to properly draft your will. As with anything else, mistakes can be made when drafting a will on your own and can have tough consequences on your loved ones after your passing.

Below are a few of the most common mistakes when it comes to drafting a will.

Mistake #1 – Failure to update your will
The biggest mistake that people make when forming a will is failing to keep it updated. Your will should be updated whenever a significant change occurs, such as buying a second home, the birth of a child, or a change in assets. Many people forget that you can add to a will at any point in time and it’s important to do so to ensure your assets will be distributed according to your wishes in the event of your passing.

Mistake #2 – Improper format
While this varies state-to-state, there are many states that require a hand-written will. Today, with our access to computers and other modern technology, we tend to generate documents by computer and printer, which are not considered to be hand-written.

Mistake #3 – Failure to Provide a Witness
One misconception is that a will must be notarized. This aspect also varies from state to state but a will usually must be witnessed and signed by witnesses.

Mistake #4 – Not choosing a Backup Executer
Your executor will be the one who administers your estate, so it’s important to choose wisely. You should choose a “backup” executer in the case that your chosen executer passes around the time of your death or is unable to perform their duties.

In order to avoid putting further strain on your loved ones and ensure your assets are distributed according to your wishes in the event of your passing, it’s important to have a properly-written will. Your Los Angeles estate litigation lawyer can aid you in the preparation of your will.

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What Should Be In a Horse Breeding Contract?

May 1

Posted by admin in Equine

Regardless of which end of the party you are on when it comes to horse breeding, it is vital to have a breeding contract written up. The parties of a breeding contract include the owners of the mare and stallion, who should both work to execute the contract. Too often, people rely on oral communication which is when problems arise. It’s important to contact a lawyer according to Los Angeles horse lawyer, Catanese & Wells in order to ensure everything is written accurately and is as specific as possible. Aside from information regarding parties involved, below are a few elements that should be included in every breeding contract:

  • The breeding stallion should be clearly identified, along with the location and LG registration number. Breeding certificates should be included as well.
  • If the breeding contract is designed for one particular mare, the mare’s LG registered name and registration number should be included in the contract.
  • Aside from providing breeding fees and specifying the method of payment, it’s important to include all potential fees including mare care, veterinarian fees, farrier fees, etc., making them the responsibility of the owner of the mare.
  • Many breeding contract include a “live foal” guarantee. If any such guarantee is included, this should be clarified in the contract.
  • The time of breeding should also be addressed in the contract. While most breedings are purchased for the upcoming year, some mare owners plan further in advance which is why an expiration date should be included.

Other things to be included in a horse breeding contract include rebreeding rights, sale of breeding to a third party, condition of acceptance of a mare, entitlements of the mare owner, refunds, and a liability waiver. In order to ensure your contract fully meets your needs and will hold up if a dispute were to occur, it’s important to contact a lawyer to aid in drafting your contract.

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Copyright vs. Trademark vs. Patent

Apr 30

Posted by admin in Business

Some people confuse patents, copyrights, and trademarks. Although there are some general similarities among these kinds of intellectual property protection, they are all different from one another and serve different purposes.

What is a copyright?
A copyright protects authors of “original works of authorship” ranging from literary, dramatic, musical, artistic, and other different kinds of intellectual works, whether they’re published or unpublished. You, as the owner of the copyright, have the exclusive right to reproduce your work, prepare derivative work, or distribute, perform, or display. It’s important to keep in mind the copyright protects the form of expression rather than the subject matter.

What is a trademark?
A trademark is a word, name, or symbol that is used in trade to indicate the source of the item, product, or service. Trademark rights are often used to prevent others from using a similar mark, which may become confusing but doesn’t prevent others from selling a similar item, product, or service under another mark.

What is a patent?
A patent for an invention is a grant of property right to the invention. Typically, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States, though there are special cases. A patent excludes others from making, using, offering for sale, or selling the invention in the U.S. or importing the invention into the US.

Oftentimes, it can be confusing, particularly for new small business owners to determine exactly what is necessary for their business when it comes to copyright and trademark law. Catanese & Wells is a top Ventura County business lawyer who can aid you in the decision and proper steps to take when trademarking or copyrighting your property.

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Avoiding Business Contract Disputes

Apr 29

Posted by admin in Business

Unfortunately, business disputes are inevitable; however, there are ways to lessen your chance of ending up in court over a business contract dispute. Oftentimes, business disputes are based on something that is not in writing. Contracts can help avoid majority of business disputes that occur before they get ugly. However, in the instances in which the business dispute involves a contract, there are some dispute resolution services you can use when things go wrong.

Below are a few ways to avoid contract disputes:

  • Use an Attorney
    People often make the mistake of writing their own contract which commonly results in a missed clause, wrong wording, or other mistakes which do not hold up legally in court. While it costs a little extra money to have an attorney draft up a contract, consider how much more expensive it will be if a dispute occurs. This is where a Ventura County business dispute lawyer steps in.
  • Make Specific Statements
    Many contract disputes come from poorly worded statements. It’s important to avoid vague terms and to make things as specific as possible.
  • Include Recourse
    It’s important to provide a way for either party to receive payment or some process to recover what is owed. In your contract, you should describe exactly what will happen if one party fails to fulfill its promises.

There are a number of dispute resolution services including the Better Business Bureau and other mediation services. However, the best way to ensure there are no misunderstandings and to avoid a business dispute all together is to contact a lawyer to write a tight contract to benefit both parties.

Contact Catanese & Wells, a top Ventura County business dispute lawyer today for more information on business contract disputes and how to avoid them at 818-707-0407.

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A Guide to Different Types of Wills

Apr 18

Posted by catanese in Estate

When people reach adulthood and begin accumulating assets, oftentimes the thought to creating a will is overlooked. However, the importance of creating a will cannot be stressed enough. A will is a legal document that names people to manage your estate and declares who will acquire your assets after your death. Different types of wills can vary in length from a single page to a large document consisting of many pages. According to Los Angeles Estate Litigation Lawyer, Catanese & Wells, “A good lawyer is needed to handle estate litigation needs and can help you take care of any probate and will contests, beneficiary disputes, removal of trustees, enforcement of trusts and wills, recovery of estate property, accountings and emergency petitions for court orders such as injunctive relief.”

While the process of creating a will may sound simple, the reality of the matter is that there are quite a few types of wills to choose from depending on your lifestyle (assets, beneficiaries, etc.) Some of the more common wills are listed below.

  • Simple Will – This document is exactly how it sounds – simple. A simple will contains easy instructions for the distribution of your assets to your beneficiaries.
  • Testamentary Trust Will – This will establishes one or more trusts for the distribution of your assets.
  • Pourover Will – This type of will can place some of your assets into a previously established trust.
  • Holographic Will – This must be written in hand by the person establishing the will with no witnesses. Not all jurisdictions recognize this type of will as a legal document.
  • Oral Will – This will is spoken rather than written. Again, not all jurisdictions recognize this type of will as a legal document.
  • Joint Will – A joint will establishes in solemn form with affidavits of witnesses present.

Other types of wills include a joint will, self-proved will, notarial will, mystic will, and unsolemn will. In order to determine what type of will is right for you, it’s important to contact a lawyer experienced in estate litigation. Catanese & Wells is a Los Angeles Estate Litigation Lawyer dedicated to assisting clients at a critical time to preserve assets of the estate.

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How an Equine Lawyer Can Benefit You

Apr 11

Posted by catanese in Equine

Whether you’re buying or selling, tax planning, building a contract or agreement, or are settling a dispute related to the horse industry, a lawyer experienced in equine law can help benefit you.

What is equine law?
Equine Law includes all legal aspects of the horse industry and horse-related business, such as buying and selling; breeding; boarding; leasing horses; liability, such as that incurred by owners, trainers, riders and students; labor issues faced by owners and trainers; and more. Catanese & Wells specifically specializes in:

  • General Equine and Horse Law
  • Lease Agreements
  • Breeding Contracts
  • Equine Litigation Support
  • Syndication Agreements
  • Purchase and Sale Agreements
  • Installment Sale Agreements
  • Equine Real Estate and Ranch Matters
  • Tax Planning
  • Equine Insurance Claims
  • Corporations and Partnerships

What does an equine attorney do?

Aside from having profound knowledge of the horse industry and laws that relate to the industry, an equine lawyer draft, review, and negotiate contracts in a variety of situations used by both professionals and non-professionals in the horse industry… a few examples are listed above.

An equine attorney can help save you money due to their knowledge of the rules governing the sport and industry. They are also up-to-date on laws and how they work, which is beneficial for someone who’s not well versed in the laws in the equine industry. Hiring an attorney who is unfamiliar with the industry would have to spend additional time learning how the industry works and may overlook important factors when it comes to drafting a release or contract, or settling your case.

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Basic Steps in a Civil Litigation Case

Apr 8

Posted by catanese in Civil

A civil lawsuit often arises out of disputes between people, businesses, or other entities, including government entities. Civil lawsuits generally proceed through a few basic steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time, which is what happens in most cases. Catanese & Wells, a civil litigation lawyer in California will do everything in their power to help you avoid financial loss by resolving the case quickly and avoiding trial, through mediation or arbitration.

Pleadings
Each party in the lawsuit must file initial paperwork, known as pleadings. These pleadings explain each party’s side of the dispute and goes through exactly what happened.

Discovery
In the ‘discovery’ step of the lawsuit, both parties gather relevant information regarding the case from each other or third party witnesses. Lawyers assess the merits of claims and defenses, research the law, document review and organization, and interview witnesses if applicable.

Trial
While Catanese & Wells will do everything in their power to avoid trial, our lawyers are well-prepared to handle it if it comes to that point. At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge.

Following trial, a party dissatisfied with the outcome of the trial may appeal. Again, Catanese & Wells’ civil litigation lawyers in California aim for the early settlement of a case. If this is not practical, the law firm’s litigation staff will strive to deliver a superior litigation effort to aid you in winning your case.

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Living Trust: Is It For Me?

Apr 5

Posted by catanese in Estate

A legal trust is similar to a will – it’s a written legal document and it partially substitutes for a will and can be an important part of your estate plan. Your assets are put into the trust during your lifetime and then transferred to your beneficiaries when you die. You can make yourself the trustee so you can manage your assets during your lifetime and you can name a successor who will manage the trust if you ever become unable to do it yourself. A living trust instructs the trustee on how to manage the assets to your benefit and names the beneficiaries who will receive the assets once you die.

There are various benefits to a living trust. Aside from ensuring your assets are managed according to your wishes upon your death, assets in a living trust are not subject to probate which can be a long process. Probate can become expensive and a burden on your loved ones left behind.

So who needs a living trust?

A living trust is most commonly used for people who have complicated estate plans and no large amount of significant assets. For example, most young married couples without significant assets and no children and intent to leave assets to each other would not benefit from a living trust. As a general rule of thumb, the greater your assets, the greater the need for a living trust – it could be important in the event of a sudden accident or illness.

If you think you may benefit from a living trust, be sure to contact Catanese & Wells, a top California Probate Attorney.

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Donating Your Estate to Charity

Apr 3

Posted by catanese in Estate

Oftentimes, people opt to leave some (or all) of their estate to a charity or organization that they support. If you choose to leave part of your estate to charity, not only does it benefit the charity, but it could help reduce the amount of estate taxes your heirs must pay on your estate.

Deciding What, to Whom and How Much to Donate

Before consulting with a California probate attorney, you must first determine which charity you’d like to support so that your attorney can advise you on different ways to make your donation. There are different ways to donate – you could make an outright bequest, name a charity as the beneficiary on your retirement benefits, or set up a charitable trust. A California probate attorney can also advise you on how to leave to a charity, as it could help reduce the amount of taxes owed or decrease the value of your estate.

How to Donate

There are three ways to donate, which your lawyer can help you choose which is best for your situation:

  • Bequesting Money
    Your lawyer will help you decide between a general or outright, specific, residuary or contingency and the bequest will be included in your will.
  • Naming a Charity as the Beneficiary of Your Retirement Benefits

Before contacting your IRH representative, you must contact your attorney and decide whether you want to leave a percentage of money from your IRA or retirement plan to the charity, or if you want to leave the entire amount.

  • Creating a Charitable Trust
    An accountant can help you decide which type of charitable trust to set up: a charitable remainder annuity trust (CRAT), a charitable remainder unitrust (CRUT), a pooled income fund, or a charitable lead trust.

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Understanding California’s Contractors’ License Laws

Feb 26

Posted by catanese in Civil

In California, the contractor (builder) cannot collect for work performed if he did so without a license, even if he completed the work and the homeowner received a benefit from the home improvement. This law is set forth in order to protect the public. If a contractor works without a license, there are substantial criminal and civil penalties, even if there is a lapse of suspension in the validity of a license during construction. Lack of a valid license during construction may require return of all compensation paid to the contractor – the rule applies even when the owner knows beforehand that the contractor is unlicensed.

Who is a contractor?

A contractor is also known as a builder and has a broad definition. Ultimately, a contractor is anyone who undertakes to, or does himself or herself, or by or through others, constructs, alters, repair, improve or demolish any building, road or other improvement. All contractors must be licensed.

What is the owner-builder exception?

An owner-builder is exempt from having to have a contractor license if he or she is improving or building on their own property, as long as none of the improvements are intended to be sold. The owner must personally perform the work or it must be performed by his or her employees.

There are many penalties that can occur when a contractor practices unlicensed. Learn more about the details of California’s contractors’ license laws by contacting an experienced civil litigation lawyer in California today. Catanese & Wells’ civil litigation group specializes in California contractor disputes, as well as commercial disputes.

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