Every so often, clients or potential clients inquire about the possibility of Medi-Cal seeking reimbursement from their estates after they pass away.  Many of them have heard horror stories about Medi-Cal seeking reimbursement from the estates of people they were acquainted with.  Although there ...

As a California Estate Planning Attorney, I almost never create a Living Trust without creating a companion document known as a pour over will.  Many clients ask me something like..."why do I still need a will if I am hiring you to create a living trust?"  The purpose of this blog post is to answ...

In the realm of estate planning, Californians are increasingly recognizing the importance of securing their financial and healthcare decisions for the future. One crucial component that plays a significant role in this process is the Durable Power of Attorney (DPOA). In this blog post, we will ex...

In the intricate world of estate planning, the roles of both executors and trustees are pivotal. An Executor is a person who a testator appoints in their Will to manage and oversee the distribution of the estate after the testator passes away, usually through a process known as probate which invo...

Occasionally, in the context of Estate Administration, I have come across situations where children or spouses of the testator were not provided for in a testamentary document such as a Will or a Trust. It so happens that California law recognizes the rights of individuals who may have been unint...

When it comes to estate planning, many people are familiar with the concept of a will, a legal document outlining how one's assets should be distributed upon their death. However, not all wills are created equal, and one unique type that often raises questions is the holographic will. In this art...

As we step into the promising horizon of a new year, it is only fitting to share with our clients and audience the exciting developments taking place at the Law Offices of Mark Ruiz. Since our establishment in 2011, we have been dedicated to providing comprehensive legal services across a spectru...

When planning their Estates, small business owners and self-employed individuals often overlook the fact that their business is in fact an asset. Indeed, estate planning is often associated with personal assets and real property, but for small business owners, it's equally crucial to extend the p...

In a world where disputes are inevitable, the traditional approach to resolving conflicts often involves heading to court, engaging in lengthy legal battles that can be emotionally and financially draining. However, a more efficient and cost-effective alternative exists in the form of mediation. ...

As an Estate Planning Attorney, I am frequently contacted by people who have recently lost a love one who did not have a Will or Trust in place. In fact, according to the Center for Retirement Research at Boston College, a substantial percentage of Americans over the age of 70 years of age-37 per...

As an Estate Planning attorney, I frequently have clients request that their pets be provided for in their Trust. As a proud owner of a Golden Doodle, I can relate to how pets truly are a part of the family.  Sometimes, people who are non pet owners can't quite relate but for animal lovers, I am ...

I often have clients who are refferred to me for the purposes of Estate Planning and are curious about how the process works.  Many clients call my office about a Will or a Trust. Generally, the process involves an initial phone interview where I ask high level questions such as if the client is ...

California legislators recently enacted AB 3088, also known as the the Covid Evictions Protections ACT. The Statute was only recently enacted and I am still learning it myself, but I thought I'd take the opportunity to go over the basics, on a very high level. In the context of evictions, AB 308...

As part of my Comprehensive Estate Planning package, I offer a Living Trust, a Durable Power of Attorney and an Advanced Healthcare Directive.  My experience is that most people know what a Living Trust is but are not so familiar with what an Advanced Healthcare Directive is. Today I am going to ...

This article is geared towards Tenants.  The above question is a question I often receive from tenants after they have received a 3-day notice or 30 day notice to vacate the premises.  If you are a tenant, rightfully so, you are nervous about how long you are likely to have before the Sherriff wi...

When people come to my office to create a Will or Living Trust they often ask me if when they pass away whether or not their Beneficiaries will have to pay any taxes on their inheritance.  I also get this question frequently from Beneficiaries.  The answer to this question generally depends on th...

Over the years, I have received inquiries from people who have had a spouse pass away and needed property which was the separate property to be transferred to them.  For instance, imagine the deceased spouse inherited property and the property was titled only in the name of the deceased spouse.  ...

Frequently, clients call me to set up a Living Trust.  When I ask about their goals, they mention that they would like to protect their assets from potential creditors. At that point, I explain in the nicest possible way so as not to insult their level of knowledge, that unfortunately Living Trus...

As an attorney who specializes in Wills and Trusts, Real Estate Law and Business Law, I have represented several small business owners over the years who have faced wage claims with the California Department of Industrial Relations. Although I tend to represent the business owners rather than the...

As an attorney who has represented landlords over the years, I have seen many well meaning landlords make amateurish mistakes when dealing with tenants.   My grandparents were working class immigrants and small business owners and small time landlords, owning smaller investment properties.  Since...

Aside from receiving a number of calls relating to people who would like to plan their Estate in recent times with all the news news of the Coronavirus, I have also received a number of inquiries about whether or not they can get out of contracts, particularly leases due to unexpected circumstanc...

Starting in around March, 2020, right around the time when California and other States went into shut down, I experienced an uptick in inquiries from people interested in doing their Will or Trust.  It could be that people had more time on their hands due to working from home. Of course, the othe...

Often times when people come to my office to set up a Trust they ask me about what would happen if if they forget to title their house or car or bank account in their Trust.  This often happens in situations when people are in a rush to do their Trust. While most of the time I recommend that at t...