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The advent of social media is still relatively new. In its infancy, it was like a shiny new object; there was everything to love and nothing to hate. As it grows, though, and the honeymoon phase ends, people are at odds with how social media companies should operate. This is especially true as it relates to community standards, moderation, and censorship regulations. Contradictory decisions on two similar laws in Texas and Florida clearly highlight the issue regarding what free speech means and how it should be enforced when it comes to social media censorship. Texas Bill H.B. 20 and Florida Bill S.B. 7072 H.B. 20 and S.B. 7072 are similar in their quest to end social media censorship. Both bills prohibit social media companies with at least 50 million active users from being able to ban or demonetize content or users because of the user’s viewpoint. The 11 th Circuit Court of Appeals ruled against S.B. 7072, while the 5 th Circuit Court of Appeals upheld H.B. 20. Opponents of H.B. 20 and S.B. 7072 argue that: The First Amendment protects citizens from government censorship of speech, not a private company’s censorship of speech. Government cannot compel a private company to print/publish speech that goes against their posted community standards. Social media platforms have an obligation to provide a safe community for its users, free of misinformation, fake news, conspiracy theories, propaganda, and hate speech. Algorithms setup by social media platforms to stop misinformation and propaganda campaigns cannot be biased against one side or another. The Federal Government should continue regulating these measures to make sure social media platforms remain protected from rampant abuse. Supporters of H.B. 20 and S.B. 7072 argue that: The First Amendment protects free speech regardless of whether it’s censorship by a government or a private company. The line between the Federal Government’s involvement in the moderation of content has blurred so much, there may no longer be a difference between the platform and the Government. Who is the arbiter of what constitutes misinformation, fake news, conspiracy theories, propaganda, and hate speech? There are already practices in place for the users to moderate the content they see on their own; No one person or company should be allowed to dictate what is or isn’t misinformation. Algorithms and AI entities are only as neutral as the person who develops them; if a developer is strongly biased against one side or another, they can infuse those biases into the code and “learn” specific societal biases. If social media companies are private entities, the Federal Government should remove themselves from regulating or helping these platforms altogether. It’s hard to know what side is right or if both sides have a point. It may all depend on the Supreme Court to officially decide this argument. Regardless of what side you’re on, we can all probably agree on one thing: death threats, violence, posting or live streaming murder or other deviant material, and child pornography and endangerment should always be banned with prejudice and not be considered part of social media censorship.

Every year, King Law Firm Attorneys at Law takes a quick look at some of the new 2020 California laws that have taken effect on the first of January and are most likely to affect your business, your personal life and your health. Work and Business Minimum wage has risen to $13 dollars per hour for companies with over 25 employees and $12 for companies with less than 25 ( SB 3); also, some independent contractors may have to be classified as employees if you control and direct their work as part of your core business ( AB 5). Businesses may no longer discriminate against someone’s natural hairstyle or texture ( SB 188), and they must provide adequate, intrusion-free accommodations for lactation that includes electrical outlets, refrigeration and sinks ( SB 142). If your business has at least five employees, you must provide sexual harassment training every  two years ( SB 1343), and employees now have up to three years to file a claim of discrimination or harassment ( AB 9). Marriage Heterosexual couples of any adult age may now register as domestic partners instead of choosing marriage ( SB 30). Health Adults living in California illegally are now eligible for government-subsidized health insurance benefits ( SB 104), and transgender youth currently in the foster care system now have access to gender-affirming medical services, mental health counseling and hormone therapy ( AB 2119). All California residents will be required to have some type of health insurance ( SB 78). Public Safety and Privacy The statute of limitation on reporting domestic violence to law enforcement is now five years ( SB 273) and the statute of limitations for reporting a childhood sexual crime has been changed to the age of 40 ( AB 218). Anyone who is banned from buying a firearm in another state will no longer be able to purchase one in California ( AB 164), and you must be 21 years of age to purchase a semi-automatic rifle ( SB 61). If a firearm is removed from the home by a child or unauthorized user, the owner of the firearm may be charged with a crime and be banned from owning a firearm for up to 10 years ( SB 172). Children under the age of 12 who commit a non-violent crime will be reminded to their parent or legal guardian instead of being sent to juvenile hall ( SB 439). Education Public and charter school students in grades four through eight may no longer be suspended for defying teachers or administrators ( SB 419), and students will no longer be denied lunch even if their bills are unpaid ( SB 265). Housing Homeowners Associations and landlords may no longer prohibit anyone from displaying religious items on entry doors and frames ( AB 652), nor can they increase their rents more than 5% plus inflation each year ( AB 1482). Please feel free to contact King Law Firm Attorneys at Law if you have questions or need clarification on any of these and other 2020 California laws that may affect your future.

Performing due diligence when it comes to setting up an inheritance is highly recommended for anyone with a family. Having a living trust in place when your time on Earth has expired helps protect family members from lengthy and costly probate or contentious legal battles while they are still grieving your loss. However, no matter how much time and effort we place in building a living trust, mistakes still happen. Real property or other assets may sometimes be unintentionally left out or never transferred to the trust. In California, this type of oversight can be remedied by filing what’s known as a Heggstad Petition. What is a Heggstad Petition? The Heggsted petition was formed after the Heggsted estate probate ruling in 1993. Prior to his death, Mr. Heggstad failed to record a grant deed to formally transfer some property to the trust. However, because he had previously listed the property on the trust’s Schedule of Assets, there was a clear intent to transfer the property to the trust, which prompted the court to rule that it was, in fact, part of the trust. Since this ruling, this measure of intent has been redefined to include assets that aren’t listed on the Schedule of Assets but include written, legal proof that it was always the decedent’s INTENT to include the asset. When should I file a Heggstad Petition? Some reasons to file a Heggstad Petition include: Property not being transferred or being incomplete at the time of death; Flawed paperwork Failing to change the title of the property; or Failing to return the property to the trust after a refinance. Be aware that if the court denies the petition, the estate loses any fees associated with filing and may delay the distribution of assets even longer than a normal probate. How do I file a Heggstad Petition? Heggstad Petitions are filed under California Probate Code 850. You may file for a petition if you meet one or more of the following criteria: A trustee holds the title to the property, but another person claims ownership; A trustee claims title to a property that is held by someone else; or the property is claimed to be subject to a creditor There is no formal document to fill out, but there is specific information that must be included: A copy of the decedent’s trust, including the Schedule of Assets; Relevant decedent and beneficiary Information; A description of the assets in question; and Clear and legal documentation of the decedent’s intent to include the property in the trust. Filing a Heggstad Petition can be quite arduous; providing vague language, such as “all property” may not be beneficial or enough to grant the petition, and you must provide a 30-day notice to all interested parties before filing. Bottom line, you will definitely want to talk to a probate attorney to correctly file the Heggstad Petition.

In 1987, your mother purchased her home for $85,000. It’s now 2018 and the home is worth over $500,000. Better yet, it’s about to become yours. The caveat: the transfer of this property will immediately trigger reassessment of the property tax, which means you could end up paying a great deal more than what your mother currently pays. The good news is, there’s a simple way to avoid this reassessment of property tax. Proposition 13, combined with propositions 58 (and 193 for grandparents transferring property to grandchildren with deceased parents), allows for the filing of a simple two-page “Claim for Reassessment for Transfer Between Parent and Child” form with the county assessor’s office in order to waive this reassessment and continue to pay the current tax in accordance with Prop 13 guidelines. In other words, instead of paying property tax based on the current market value of the home (in this example, $500,000), you will continue paying no more than a 2% increase on the original base value of the home (or the original price for which the home was purchased; in this case, $85,000). For this exemption to take effect, you must file the correct form within three years from the date of transfer, or prior to the sale of the home to a third party. If you fail to fill out the form, or you do so after the three-year period, you will be subject to paying the property tax at the current market value for however many years you’ve owned the home prior to filing the paperwork or selling the property. It’s also important to understand that there is no exemption for sibling-to-sibling transfers, which means if you were to decide to sell your mother’s home to your sister, she would not be able to take the exemption. The same goes for a home that was willed to multiple siblings equally, and one wishes to sell their share to another sibling. In this case, the exemption would only apply to your portion of the inheritance, not to the portion you end up purchasing. For more information or to download the correct forms, check out the following links: Claim for Reassessment Exclusion for Transfer Between Parent and Child (Form BOE-58-AH) Claim for Reassessment Exclusion for Transfer from Grandparent to Grandchild (Form BOE-58-G) Riverside County Assesor’s Office Information about Propositions 58 and 193 Information on Reassessment Exemptions You may also contact the following branches of the county assessor for more information: Temecula: 41002 County Center Drive, #230, Temecula, CA 92591-6027; (951) 600- 6200 Hemet: 880 N. State Street, Suite B6, Hemet, CA 92543-1496; (951) 766- 2500 Palm Desert: 38686 El Cerrito Road, Palm Desert, CA 92211; (760) 863-7800 Blythe: 270 N. Broadway, Blythe, CA 92225-1608; (760) 921-5050

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.