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We’ve all heard or seen stories of someone obtaining a restraining order because they have been abused in some way and wish to keep someone from coming within a certain distance out of fear for their safety. What we don’t often hear, but is just as prevalent, is elder abuse. According to the National Center on Elder Abuse, one to two million elders in the U.S. suffer from some type of physical, mental or financial abuse. What is elder abuse? Perpetrators of elder abuse may be family members, caregivers and nursing home employees who deprive a person over the age of 65 basic living essentials or cause them physical, financial or mental harm in some way. This may include neglect, abandonment, isolation, abduction or any subsequent behavior that causes the person to feel afraid or controlled. What is an Elder Abuse Restraining Order used for? Many laws have been put in place to protect the elderly from abuse. An Elder Abuse Restraining Order may be filed on the basis of: Personal Conduct, which forbids the person being restrained from abusing, intimidating, stalking, threatening, calling, emailing, texting, or destroying property of the person filing the order; Stay Away, which requires the person being restrained from coming within a certain distance (usually between 50 and 100 yards) of friends, family, caregivers, the residence, work, or other places the person filing the order frequents; or Move-Out, which forces the person being restrained to immediately move out of the home of the person seeking the order. Depending on the type of abuse claimed, the person being restrained may also be forbidden to own and/or purchase a firearm. Who can file an Elder Abuse Restraining Order? If the person being abused is unfit to file the necessary paperwork, the order may be filed by any of the following: a conservator, trustee, guardian, attorney-in-fact, or Guardian ad Litem (someone with a power of attorney or authorization to act on their behalf). What forms need to be filed? To begin the process, the person being abused must fill out form EA-100, the Request for Elder or Dependent Adult Abuse Restraining Order. A declaration of specific past act(s) that have led to harm may also be needed to convince the court that imminent danger is present. Once the restraining order has been issued, the person being restrained must be served the paperwork. Law enforcement can help enforce the restraining order free of charge, but a Proof of Personal Service (CLETS) form ( DV-200) must be filled out by the officer. As always, it’s best to consult with an attorney find out the best options for your particular situation.

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.

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.