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No matter what happens, no one can bring anything with them when they die. The most we can do to prepare for the inevitable is draft a will or trust, which guarantees that the assets left behind (the decedent’s estate) are transferred to the correct heirs. It seems easy enough, but the process of transferring the estate includes dozens of laws, also known as the California Probate Code, that must be followed. The Probate Code is one of 29 legal codes set up and governed by the California legislature to keep the general statuary laws of the state from becoming an overwhelming mess. This set of civil laws determines how the transfer of assets will be handled upon someone’s death, including rules and regulations for when there is a will or trust, when there isn’t a will or trust (also known as intestacy succession), or when a decedent isn’t survived by any family members, in which case, the estate will “escheat” to the state. The latter example rarely happens, as the government has done what it can to make sure that a decedent’s estate always has someone to go to. When someone is appointed as an executor or trustee, they must adhere to every law in the Probate Code, or else be subject to a lawsuit. To keep an executor or trustee honest and liable for mishandling of assets, the Probate Code also governs the fiduciary commitments and defines the liabilities of the executor or trustee. Because the Probate Code, like many other California Codes, are civil in stature, penalties for breaking one’s fiduciary commitments are almost always monetary, and in some cases, behavioral. This is because the reason for civil law is the redress of wrongs, so a guilty party is only liable for the compensation of this redress. The Penal Code, in contrast, is criminal in stature, so penalties for breaking criminal laws could include incarceration. Only the state may initiate a case in criminal law, and are almost always decided by a jury, whereas an individual or business may initiate a case in civil court, and these cases are almost always decided by a judge. Whatever the case may be, the Probate Code, like all other codes in California, is very complicated, and no one wants to end up in court because they didn’t know they were or weren’t supposed to do something. This is why it’s always a good idea to reach out to a knowledgeable probate attorney before trying to navigate any probate proceedings.

We all love to believe that when we meet that perfect someone, we’ll walk with them into the sunset of life. The truth is, people and relationships often change, tearing down a marriage just as fast as building it up. Divorce is hard no matter the circumstances, but if kids are involved, couples must consider their feelings and sensibilities over their own, making sure they act in their child’s best interest during and after the divorce. To help initiate custody arrangements during a divorce, especially a contentious one, many states, including California, require couples who have custody or visitation orders that are being contested (and in which civil communication has broken down) to attend a child custody mediation prior to going to court. Though this may be a bit irritating for some, the process itself can be extremely beneficial in a variety of ways. Mediation allows parents to air their grievances and resolve their differences. Divorce can be a very personal matter, and when arguments aren’t controlled, things can spiral very quickly. Mediators are licensed professionals with specialized training in family matters, including, but not limited to, child development and conflict resolution. Mediators must also have at least two years of experience working in the mental health field. These qualifications allow the mediator to be impartial as they listen to the concerns of each parent, mitigate any conflict that may arise, and support each parent’s needs while helping the couple make compromises that they may not be able to make without the help of an outside observer. Mediation guarantees the child comes first. The mediator acts as surrogate for the child to make sure the arguments for custody and visitation remain focused on the health, safety and welfare needs of the child as opposed to that of the parents. Mediation is private. Airing one’s grievances and opinions in a private setting allows for a more relaxed environment and more civilized conversation. In some states and counties, everything that’s said within a mediation remains completely confidential, though in counties such as Riverside and San Diego, mediators are allowed to offer the judge a recommendation based on what’s said during mediation. In the case of a victim of abuse, mediation can be done separately so that the victim does not have to confront their abuser during these proceedings. Mediation sets the tone for the relationship after the divorce. Mediation helps a couple discuss their differences openly, calmly and without blame, which allows the parents to learn how to compromise and set a good, honest, healthy example for the child moving forward. Because child custody mediation does not typically allow anyone but the parents into the room, it’s always best to consult a lawyer prior to mediation to make sure you understand what will happen and be prepared with a custody plan and reasons for why you feel it’s in the best interest of the child.

Richard Pryor and John Candy in Brewster's Millions A lot of movies in the marketplace are titled Inheritance (or some variation of that). These films tend to take a dramatic, morose look at inheritances and can be relatable or therapeutic if you’ve recently lost a loved one. But they also focus more on character relationships than with the inheritance itself. On the other end of the spectrum, high concept comedies tend to flip the script by focusing on the specific aspects of a person’s will to drive the narrative. There are plenty of standard templates when drafting a will, but one aspect that many films use to drive the comedy is what’s known as a “conditional bequest,” wherein the heir must first accomplish a specific goal prior to receiving their inheritance. Obvious conditional bequests include making sure someone has reached a certain age, is in college or married, but anyone can essentially get as creative as they want, so long as the conditions are free of ambiguity. The following are three films that exhibit the best examples of a conditional bequest. Easy Money In an attempt to force someone into a healthy lifestyle (and make sure the money isn’t wasted on addictions), Rodney Dangerfield must stop gambling and go vice free for a year prior to receiving his $10 million inheritance. The conditions are extremely broad in this context, so to make sure this type of general idea is valid and enforceable, the conditions regarding what constitutes gambling and vices must be specifically detailed. The Bachelor The will in this film, which forces Chris O’Donnell to marry prior to his 30 th birthday in order to inherit $100 million, is similar to Easy Money in that specifics are very important. Does he have to fall in love? How long must the couple remain married? Can he get an annulment right after receiving the inheritance? All of this (and more) must be stipulated to make sure the conditional bequest is enforceable. Brewster’s Millions (1985) The best overall film of the bunch, Brewster’s Millions follows Richard Pryor as he spends $30 million dollars in 30 days to inherit $300 million. The conceit behind it being that he will be so sick of money by the end of this term that he won’t want to spend another dime. Unlike the previous examples, the rules here are stipulated in great detail, from how much he can use to gamble and how much can go to charity to making sure that he has receipts for everything and is left with nothing tangible to show for it. The only issue is the use of video to deliver these stipulations, which by itself, isn’t enforceable. But as long as all of what’s stated in the video is also included in writing, this is a creative way to make sure the heir of a massive fortune knows the true value of a dollar.

No matter how much planning one does to prepare for the future, no one knows exactly when they’re going to die. In the matter of probate, this can cause various issues, especially when dealing with assets and property in multiple states. The probate process can be time-consuming and expensive when someone dies with all of their property centralized in their state of residency, so consider having to tackle multiple probates at once. Because real estate and other tangible items are governed by the probate laws of the state in which the property is situated (and not where the decedent holds residency), it is necessary to open an additional probate in the state where the property lives. This is known as ancillary probate. How does the ancillary probate process work? Probate will always begin in the state of the decedent’s residence. Once a personal representative has been appointed by the court, they will begin a second probate process in the state in which the decedent owns real estate or other tangible property within the secondary or ancillary state. Some states may require a second executor who lives in the ancillary state to handle the distribution of those assets, and if your estate attorney isn’t licensed to practice in the ancillary state, you may need to hire a second attorney who is licensed to practice in that state. Additional court costs and filing fees may also be required. Further, because the courts understand how difficult the probate process can become, some states will allow a foreign will, which allows the executor in the state of residency to go through a simplified filing process instead of opening a new probate from scratch. How do you determine a decedent’s state of residency? Factors to consider when determining someone’s permanent residency include where the person was registered to vote, where he or she received mail, what state they filed their taxes, where their driver’s license was issued, and where their primary doctors are located. How can you avoid ancillary probate? Unless the property is small or doesn’t have much value (at which point you may be able to utilize expedited procedures if the state allows), there isn’t much one can do to avoid ancillary probate after someone dies. However, if someone owns property in another state, make sure they include one of the following stipulations when drafting their will or trust: Put the property in a trust; Use a transfer-on-death deed; or Add a co-owner to the title – this can be a joint tenancy or community property with right of survivorship By doing so, you will be able to enjoy the benefits of owning property in another state while guaranteeing that no matter when you die, your heirs will not have to deal with the struggles of ancillary probate, let alone an initial probate.

Though it was announced in December 2017 that Disney acquired 20 th Century Fox in a massive $52.4 billion deal, it’s still too soon to know what that means for properties such as The X-Men or The Simpsons because the deal itself must first go through a regulatory review to make sure the sale is legal and doesn’t violate any antitrust or communication laws, a process that may take up to eighteen months to complete. This type of regulatory process is normal for the majority of large-end corporations. But what about smaller businesses who want to sell, merge or acquire a business? For these types of companies, mergers and acquisitions (M&A) are generally regulated by Federal and State laws, so it can be a much easier and straightforward affair. However, there are still many things a business owner should be mindful of when looking to merge with or acquire another business. The difference between a merger and an acquisition is small but important. A merger, also known as a consolidation, is when two companies combine their assets into one new company, wherein both old companies cease to exist. An acquisition is when one company purchases another company’s assets as their own. Mergers and acquisitions aren’t cheap. M&A takes a lot of time and patience, and could come with a myriad of unexpected problems. Before beginning the process, understand the reason for merging. Is it to expand the company? Improve revenue growth? Acquire a patent? Knowing what you want and how to get it will allow for a smoother transition once the merger is finalized. There’s a lot of paperwork that must go into an M&A. Possible forms and documents include Non-Disclosure Agreements, Confidential Information Memorandums, Letters of Intent, Exclusivity Agreements, HSR Filings, Third Party Consents, Bills of Sale, SEC Filings, and Transition Services Agreements, among others. Due diligence is required to make sure that not only are federal and state laws being followed, but that the correct paperwork is being filed at the correct times. Not all company cultures blend well. Employees may revolt if company policies are drastically changed overnight. Take the time to meet and build relationships with those who will be joining your team and review how each company operates to make sure the companies are a good fit. It’s also in a company’s best interest to have an exit strategy in place with terms that allow for the severing of the transaction should the process break down. Above all else, seek legal advice from an attorney familiar with M&A transactions prior to negotiating or signing any documents, especially a Letter of Intent. Depending on how things are phrased, the language used in these documents can protect or harm the company. You never want to be stuck with a document that undermines your business or intellectual property, or undervalues your assets. Having a trustworthy lawyer at your side will guarantee everyone achieves their goals.

New laws are coming in 2018. Which ones may affect you? Did you know before this year it was illegal to enter a crosswalk after the “Don’t Walk” symbol begins flashing? With over 900 bills signed into law last year, it’s nearly impossible to know what is and isn’t legal. The majority of laws going into effect this year won’t affect most of our daily lives, but there are a few everyone should know. Many sanctuary state laws will be taking effect. Police may no longer ask a person’s immigration status. Immigration officials must present a warrant to access employee records. Universities and businesses are prohibited from cooperating with federal immigration officials. Landlords may not report illegal renters. State agencies and officials who work with children do not have to report immigration violations. Recreational marijuana is legal. What you may not know is: It’s illegal to smoke or have any open containers of marijuana while driving, or to drive while under the influence of marijuana. You must have a state-issued license to sell recreational marijuana. Business owners will see some major changes. Minimum wage rises to $10.50 or $11 based on the number of employees. Employers must offer up to 12 weeks of unpaid maternity leave. Employers may not ask an applicant about their salary history or perform a background check until after an official employment offer has been presented. Sexual harassment training must include gender identity and sexual orientation harassment. Schools and Universities will change in varying ways. Children may no longer be denied meals if their parents fail to pay their fees. Free tampons must be provided to junior and senior high students attending schools where poverty-level students make up at least 40% of the class. The high school exit exam has been eliminated. Per-unit fees will be waived for first-year students attending community college. LGBT laws continue to expand. A “non-binary” status option will be available for all state documentation. It will be illegal for long-term care facilities to discriminate based on gender identity or sexual orientation, or repeatedly fail to use a resident’s preferred name or pronoun. Gun regulations ramp up. All ammunition must be bought or transported across state lines through a licensed dealer. Gun owners convicted of a felony must turn over all firearms. Anyone convicted of a hate crime will be unable to purchase firearms for 10 years. A serial number must be purchased from the state for every home-made weapon. A few safety and environmental measures will also take effect. Incandescent lightbulbs will no longer be shelved. Public venues undergoing heavy renovations will be required to include a baby changing table in men’s bathrooms. Drivers with certified medical conditions may tint their windows. And finally, some local and state issues. Neighborhood polling places will be closed in favor of mail-only elections. Vehicle registration will rise between $25 and $175 depending on the value of the vehicle. Pharmaceutical companies must give advance notice before any large rise in costs.

In a lot of movies, we often see grieving families gather together to observe the reading of the deceased’s will, after which, everyone receives their inheritance without a lot of fuss. The reality concerning the distribution of assets (also known as probate), though, is far more complex. An executor must be named to oversee the collection, assessment and appraisal of all assets, as well as the forgiveness of debts and other financial matters. What most people may not know is that this executor may also be required to post a probate bond prior to executing his or her duties. Why? What is a Probate Bond? Also known as a fiduciary, executor or estate bond, a probate bond guarantees that the appointed executor complies with all mandated state laws and will ethically fulfill his or her duties. If the executor does not faithfully execute the will, claims can be made against the bond, allowing the defrauded to be compensated for their full inheritance. Do I need to post a bond? Not always. Bonds apply when a will is drafted and includes a requirement. However, the executor may seek to waive the bond by collecting signed written waivers from all of the beneficiaries and providing the court a written declaration that details the solvency of the estate as well as all of its creditor, tax and other contingent liabilities. Bonds also apply to intestate probate (in other words, probate wherein a will was not drafted). In most cases, the court will require a personal representative or administrator to post bond unless all beneficiaries waive the requirement. In either case, the court has complete discretion to require an executor or intestate probate representative to post bond in an amount up to the maximum estimated value of the estate. How do I post a bond? The executor will be required to fill out an extensive financial application from an insurance broker, surety agent, or bonding company. This application will then be provided to the court along with the will, detailed estate information, disputes among heirs, court bond orders, and the amount of the bond. Because bond issuers are acting as loan agents within the process, there are very high restrictions placed on these applications, and may be denied if the executor has very little assets or a poor credit history. In any case, it can be very difficult and costly to navigate the process of probate court, especially as an executor, so it’s always best to consult an attorney before diving head first into the murky waters of probate.

With the advent of the Internet, the do-it-yourself market has grown exponentially. But having access to information that teaches you how to do almost anything, some things better left to the professionals. This is especially true when it comes to preparing legal documents, which can be very complicated, time consuming and costly if you don’t know what you’re doing. But what does a lawyer actually do for me? A lawyer is an advocate, advisor and counselor. They have spent multiple years developing the necessary skills and knowledge to best offer legal advice in all matters, including the preparation and filing of legal documents. Lawyers are ethically bound to uphold the law while protecting your rights, so having a licensed lawyer help form your business, draft a will or trust, review contracts, speak with city officials or send out correspondences will almost always save you time, money and aggravation, both now and in the future. What are the benefits of hiring a lawyer over using an online service like LegalZoom? LegalZoom, and other document preparing websites, are generic systems that allow you to draft basic documents like wills, living trusts and business formation. But LegalZoom claims on their website that “80 percent of people who fill in blank forms to create legal documents do so incorrectly.” So although it may be a cheap alternative to filing this type of paperwork, unless you’ve done hours of research beforehand, the chances of making a mistake are high. Filling out forms isn’t as easy as you may think. Simple statements may seem okay for you, but when it comes to the law, every word counts. Small mistakes or minor omissions can have big consequences. Lawyers understand the specific language necessary to make sure your documents are iron-clad and can hold up in a court of law. In fact, LegalZoom is not a law firm and their employees are not lawyers, so they cannot be held accountable for how you fill out your documents, nor can they offer legal advice or represent you in legal matters. A lawyer, on the other hand, must be held accountable and can be sued for malpractice if they file forms incorrectly or do not meet the ethical standards set up by the American Bar Association. Laws are also constantly in flux, and no one document fits the needs of every single person. Where documents on LegalZoom may be dated, Lawyers remain current on all state and federal laws and have the knowledge to know when and how to rewrite, alter or merge documents so as to better fit your needs. LegalZoom may be good for smaller, less consequential documents, but when it comes to forming a business or writing a will, nothing beats the knowledge or the experience of a good lawyer to make sure everything is prepared correctly from the start.

Still from "War of the Roses" With so much advice coming from all different directions — friends, family, lawyers, blogs — stress and confusion can keep you from making the most rational, logical decisions when going through a divorce. Sometimes it’s best to get out of your own head for a few hours, so we’ve compiled a few movies that might help put your current situation into perspective. The War of the Roses This film by Danny DeVito may not be the most obvious choice, but the fantastically dark tale of a couple (Michael Douglas and Kathleen Turner) who turn their lives upside down just to spite the other offers a meditation on what not to do when going through a contentious divorce. Although DeVito (who also plays a divorce attorney) tries to convince his client to work through their issues with his wife by telling him the story of the Roses, no one should stay with someone they don’t trust or respect. So, if reconciliation is not an option, remember that strong communication and a willingness to compromise is key to a smooth, stress-free divorce. Mrs. Doubtfire Robin Williams portrays a man who goes to extreme lengths to spend time with his kids after separating from his wife in this Oscar-winning film. On the surface, dressing up as an old British woman may seem borderline psychotic, but deep down, it’s merely the desperation of a man willing to change everything if it means becoming a better father (and a better man). In most cases, each parent loves their child equally, so keeping one parent from being a part of their children’s lives can hurt both the child and parent. Of course, not all parents deserve to raise their children, but before making any rash decisions, take a step back and be open to making a reasonable decision based on how willing the other parent is at changing their life. Kramer vs. Kramer Another Oscar-winning film that deals with the parent-child relationship, this film focuses most of its energy on custody. Meryl Streep plays a woman who leaves her husband (Dustin Hoffman) and child (Justin Henry), then returns months later to reclaim custody after the two men have formed a deep bond. Your job as a parent is to make the divorce process as stress free as possible. When pettiness rears its ugly head and you tear down your spouse for personal gain, it can have lasting negative effects on a child. Also keep in mind that fathers also have rights that should be taken into account when deciding on custody. The moral of all these films is to remove hatred, fear, resentment and pettiness from the equation when dealing with divorce and work together to compromise efficiently and see the situation from the other point of view. In this way, you’re able to move through the process with ease and make everyone feel they’ve been heard and are happy with the outcome.

Divorce is hard on everyone involved, but no more so than the children. Because children are dependent on the parents to feel protected, a divorce can conjure up feelings of fear, anger and guilt — fear of change and an unknown future, anger over not having any control over the situation, and guilt over believing the divorce is their fault. These feelings may cause children to act out, become confrontational, or retreat inwardly and become withdrawn. To mitigate this emotional turmoil, here are a few things you should and shouldn’t do before, during and after the divorce process. What To Do: Talk to your children about the divorce in an age-appropriate manner, tailoring the message to their maturity level and temperament. Explain how everything will work moving forward, including living arrangements, and present an organized plan for moving forward. Make sure your child understands that the divorce is not their fault and that it doesn’t change how each parent will love and support them. Keep a united front with your spouse in front of the child, making sure to discuss the divorce without anger, blame or guilt. Allow your child to be upset and express their pain, fear and anger. Set limits and boundaries on behavior and hold them accountable for their actions. Give your child permission to spend time with and/or visit the other parent without feeling guilty or betrayal toward one or the other. Remain involved in your child’s life, including school, sports and extracurricular activities. What NOT To Do: Berate, criticize, threaten or otherwise talk negatively about your spouse in front of or directly to the child. Force your child to talk about the divorce with you or your spouse if they do not feel comfortable doing so. Overwhelm them with information they may not be able to handle mentally or emotionally. Discuss financial matters or divorce details in front of the children. Allow the child to get too far out of control or use the divorce as an excuse to act out. Disrupt or drastically change the child’s normal routine. Lie to your child or pretend things won’t change. Force your children to choose one parent over another. Put your children in the middle of fights, use them against or attempt to turn them against your spouse. Use your child as a go-between or messenger, or ask them to spy on your spouse. Force a new relationship on your child. Pour your emotions onto the child or give the impression that you need their support. Lavish your child with gifts to make them feel better. Above all else, remember that no matter how hard the divorce is on you, understand that this is very confusing and difficult for your child, so the easier and more comfortable the transition is for the child, the better it will be for everyone involved.

No one likes to admit it, but marriage takes a lot of work. When both parties are incapable of putting forth the effort, a relationship can spoil rather quickly, making one feel as if they failed in their commitments. The majority of relationships that quote-unquote fail, though, aren’t really failures at all; it’s simply a drifting apart of two individual hearts, minds and souls. Still, a lot of couples refrain from dealing with it because of the stigma that comes with divorce. But if you’re not happy in a relationship, how can you ever be happy in life? The best thing to do is find an amicable path for the dissolution of your marriage, also known as conscious uncoupling. Conscious uncoupling utilizes kindness, loving gestures, genuine respect and honorable efforts to do what’s right for the right reasons. Having been around since the 1970s, conscious uncoupling was further defined in 1990 by author Diane Vaughan, popularized as an online course in 2011 by marriage and family therapist Katherine Woodward Thomas, and made famous by Gwyneth Paltrow during her separation from Chris Martin in 2014. This method of separation is not only meant to help a marriage dissolve gracefully, but help each party understand why the marriage didn’t work and move forward in a healthy relationship with the self. The first step is to find your emotional freedom by acknowledging the circumstances and identifying your feelings toward what’s happening and why. Next, you’ll reclaim the power in your life by refraining from becoming the victim. Blaming yourself for the breakdown in the relationship keeps you vulnerable to the lies you tell yourself. Step three involves breaking patterns and healing your heart. Every irritation, argument or negative feeling you have toward the situation is rooted in a fear or trauma from your past. Only when you’re able to recognize the patterns can you move forward with a strong, healthy outlook on your future. After recognizing theses triggers, it’s time to let go of the promises you and your spouse made to one another. And finally, you’ll need to offer forgiveness and inspire those around you to do the same, treating your spouse as a friend, not an enemy. Then and only then will you have created a path to your happily ever after. Divorce shouldn’t be looked upon as a negative; sometimes it’s better for everyone involved, especially kids, for a couple to separate amicably than live in a state of grief or resentment. Self-reflection is at the heart of conscious uncoupling, allowing mutual respect to flourish among couples and their families. By nurturing a dignified and respectful relationship and focusing on the positive aspects of your future rather than the negative aspects of your past, you’re able to accept the circumstances create path for a positive, healthy future for you and your family.

In September 2016, Angelina Jolie shocked the world when she filed for divorce from long-time partner, Brad Pitt. Though the couple had only been married for two years, they had been a recognized couple for over ten, and never publicly showed any cracks in their relationship. But according to initial reports, Jolie was extremely upset with Pitt’s parenting habits. It has since come to light that Pitt had problems with alcohol and marijuana, and there may or may not have been a serious altercation with their eldest son prior to her filing. Regardless, Jolie filed for divorce to protect their six kids from possible mental and physical abuse. An amicable divorce is always the goal, but no more so than when children are involved. It doesn’t matter how angry or upset you may be with your partner, if you have children, their considerations should be first and foremost when making any decisions as it deals with their future and their relationship with both parents. There are two types of custody a parent may apply for in divorce proceedings: Legal custody is when a parent obtains the responsibility and obligation to make decisions for the well-being of the child. This includes what school they attend, what religion they practice, what doctors they use, etc. Physical custody determines who the child will live with on a regular basis. Legal and physical custody are also split into two categories: Joint custody is when both parents share equally in legal and/or physical custody. Joint legal custody is when both parents share in the decisions that affect the life of their child. Joint physical custody means the child will live with both parents equally. The court does have some discretion when a 50/50 split isn’t possible due to factors that include financial means and where each parent resides. Sole custody is when only one parent, also known as the custodial parent, has full legal and/or physical custody. In this case, the parent that does not have sole custody, also known as the non-custodial parent, has no rights in any decisions made on behalf of the child, but does have the right to visitation. In the case of our celebrity couple, Jolie sought sole custody with supervised visitation for Pitt. For a while, the battle for joint custody was strenuous, but it seems that may be changing. Pitt has been sober for the past few months, which should go a long way in convincing the courts (and Jolie) that he is ready to share custody. Divorce is usually the last thing a couple thinks about when they get married, but circumstances, personalities and ideas change, and sometimes it’s simply unavoidable. In most cases, both parents want what’s best for their children, so always keep them in mind as you prepare to have your lawyers and the courts mitigate the drama that may arise during your divorce.