Helpful Resources
At Gaudy Law, not only do we provide outstanding legal service, but we strive to educate our clients about the law and how it applies to your business, family, or estate. We have created a series of videos to answer some of the questions that we frequently hear from prospective and current clients. We hope you find these videos educational, and we are always here to help if you have additional questions.
- 2.8 min read
Trustee or executor not doing their job, keeping you informed, or refusing to distribute the estate.
Common Questions Regarding Trustees and Executors: What do I do if a trustee or an executor doesn’t seem to be doing their job, is not keeping me informed, or is [read more]
What is Probate Probate is a legal process that validates and executes the terms of a deceased individual’s will. It involves the court overseeing the distribution of the deceased’s assets, [read more]
If an estate or trust isn’t being managed correctly, there are some actions you can take. Is the estate or trust being managed correctly? First of all, you’ll need to [read more]
Common Questions Regarding Trustees and Executors: What do I do if a trustee or an executor doesn’t seem to be doing their job, is not keeping me informed, or is [read more]
What is Probate Probate is a legal process that validates and executes the terms of a deceased individual’s will. It involves the court overseeing the distribution of the deceased’s assets, [read more]
If an estate or trust isn’t being managed correctly, there are some actions you can take. Is the estate or trust being managed correctly? First of all, you’ll need to [read more]
Your parents died with a living trust, and you’re the person designated to fulfill the wishes in the trust. You’re going to need to carry out the plan they put together. There [read more]
Unfortunately, transferring a property to a living trust does not protect you. One of the advantages of a living trust is that you can change it. The reason you can [read more]
Here’s a great podcast is from the CEO of a company called Belay. He discusses the world of virtual office spaces and his company of over 400 people with zero office [read more]
Employee Travel Time… I hear this question fairly often:“Am I required to pay my employees for travel time from their home to a faraway job site/work location?” Here’s my response:Good question! 😊 [read more]
The legal landscape for California employers is ever-changing. California Assembly Bill 749 was signed into effect on October 12, 2019, and beginning January 1, 2020, California employers’ agreements with its employees [read more]
You’ve taken great care in setting up your business, including purchasing various insurance policies to protect against potential claims and lawsuits. But what good are all of those hundreds of thousands [read more]
California recently enacted SB1343, which amended California’s Fair Employment and Housing Act (“FEHA”) to expand employers’ sexual harassment training requirements. Previously, employers with 50 or more employees had to provide their [read more]
Today’s business tip is simple: Choose action over inspiration. Some people are always consuming motivational content, and never actually acting on it. The truth is, we have enough inspiration, it’s all around us. [read more]
So you spent money on developing a fancy website for your business, but is it accessible to the disabled? If it isn’t, you are at significant risk of being sued [read more]
You need a support network. A group of people who are in a similar stage of career or life who can give you counsel when you need it and who you can [read more]
Have you ever wondered how to figure out if someone who works for you should be considered an employee or an independent contractor? Well, the rules just became more clear and more restrictive at [read more]
Marketing your business sometimes feels like the least fun part of running a business. I’ve tried a ton of different strategies over the years—some with more success than others! My [read more]
“Does an LLC / Corporation really protect my business?” YES! We get this question every week and I can tell you that with very rare exceptions, creating a properly set up [read more]
“We’ve all seen the breaking news headlines. It’s yet another leader who’s crashed and burned with a financial scandal, an affair, or a struggle with addiction. The leader’s family is wrecked. [read more]
“Should I have a process for new hires or just go with my gut?” You absolutely need to have a simple process for new hires! In fact, you probably already [read more]
“Should I have an email disclaimer for my business?” YES! And you should do it today! While there is a lot of debate about whether they are necessary, email disclaimers [read more]
Should my company have an arbitration agreement for disputes with our employees? The short answer is YES! Here’s why… While each employer’s circumstances are different, as a general rule, you should [read more]
Start with your “why”How many times have we heard of leaders who can’t inspire others? Or managers who can’t get employees to perform at the level they could be? It’s [read more]
How do we build up trust with our employees? Well, we can start by doing what we say we’re going to do consistently and… by trusting them. I can say [read more]
“What do I do if a recently terminated employee is badmouthing me, the employer, to my customers and remaining employees?” Great question! 😊This can happen to anyone… This question is actually [read more]
Big news on expanding the California Labor Code and Health and Safety Code to require additional lactation accommodation for employees. Under a new Lactation law, effective January 1, 2020, lactation space must [read more]
Motor Carrier’s Get Temporary Relief From AB5 (Independent Contractor or Employee) California Assembly Bill 5 (“AB5”) took effect on January 1, 2020, but its implications were felt by all California [read more]
This week’s podcast recommendation is from Dan Sullivan and Joe Polish. Dan’s book “The time breakthrough” and his use of Free days, Focus Days, and Buffer days has been a huge [read more]
What do you need to know about background checks when hiring? California employers that conduct background checks on job applicants (and we should all be conducting background checks! 😊) must comply [read more]
“Is there a better way to handle my email?” YES! For years I worked as hard as possible without stopping to think about how I might be able to [read more]
Ask any business that has been involved in a lawsuit. It is expensive, requires substantial time and resources, and can create terrible working morale. Add to that the potential for class-action lawsuits, and businesses could be [read more]
How has Advertising changed through the years? This week’s podcast is from one of my favorite shows called “Trailblazers with Walker Isaacson.” Each episode he chronicles how a certain field [read more]
Very recently, California’s governor signed into law a piece of legislation that dramatically reshapes how employees and independent contractors are defined. If your business employs even 1 worker that it classifies as [read more]
We all know that it’s important to think about how our customers experience our business. Start by asking yourself these questions: How do my clients first hear about my business? What motivated them to reach [read more]
Should I use non-disclosure and confidentiality agreements for my employees and independent contractors? YES! While non-competition agreements (covenants not to compete) are essentially unenforceable in California, you can and you should [read more]
How you handle the termination of an employee can have huge legal consequences. Done incorrectly, an employer could face an imminent lawsuit with a slew of legal claims amounting to tens or even [read more]
Have you ever thought about branding for your company?If I ask you “what is your brand?” how do you respond?Is it your logo? Your colors? Your overall “look”? Brand is [read more]
Entrepreneurs, and business owners in general, tend to be people who work hard and want to make an impact. They create their own internal pressure system that pushes them to achieve. But… [read more]
Plenty of companies use commission incentives to encourage employees to be more invested in the company. Generally, the calculation of commissions is very straightforward and employees are excited at the prospect [read more]
Business owners are unique. We’re risk-takers, doers, changers, and challengers. I’ve learned that I have the most forward motion, (a huge key to success in business), when I’m around people [read more]
What is probate? This is the most common question we get. Probate is three things: it’s a code, it’s a process, and it’s the name of the court. It is [read more]
My parents passed away with a trust. Do I still need a lawyer? Typically, the answer to that is no thankfully. It can be a long and expensive process to [read more]
I’m newly appointed as the executor of my probate with the courts. What is the next step in the probate process? Once appointed, the court will issue letters of administration [read more]
Gaudy Law estate planning documents, what are they? These can be received in the mail or uploaded into your My Case account. Let’s do an overview of the documents. Living [read more]
How does the process work after hiring Gaudy Law for my probate? We will be drafting your documents over the next two weeks. Our goal is to get the documents [read more]
Can we walk through the intake sheet from my estate planning? We have tried to create the intake sheet so that it makes a lot of sense even if you’re [read more]
What is the difference between me handling things myself using LegalZoom vs. coming here and working with you? As a person who is a do-it-yourselfer, I understand the urgent desire [read more]
I’ve been appointed as the executor of my probate with the courts, what is the next step in the probate process? Once appointed, the court will issue letters of administration [read more]
Should I have conversations with the people that I am planning to put into my trust? It usually comes down to children and many people completing this process are doing [read more]
What do I do when a family member has passed away and they have left a lot of contents in the home? Should I have an estate sale? It can [read more]
How long is the estate planning process and how does it work? It usually takes on or off, about three weeks. There are exceptions, such as an emergency process where [read more]
What do I do when receiving legal documents that don’t feel like they apply to me? I know it can seem like you are signing every piece of paper that’s [read more]
What if I don’t have a good choice for a trustee? Many times this will occur because the person is an only child and does not have children of their [read more]
Why does a small business owner need a lawyer? Many find out they need a lawyer when it’s too late. I constantly hear from our business clients, “I never saw [read more]
Do I need a conservatorship? A conservatorship is needed if you have a loved one who is older and getting into the first stages of dementia; Alzheimer’s; or who is [read more]
What is a living trust? For most people the word trust, living trust, and revocable living trust are interchangeable terms that mean the document you’re creating in California and in [read more]
What do I do if I have questions about MyCase? The best thing to do when you have questions is to call us immediately and say, “You know here’s my [read more]
What does a business owner need to know to make sure they are protecting themselves from possible employee issues or lawsuits? It really is a sad day when I get [read more]
What do you do to contest a will or a trust that was created by a person who drafted it that didn’t have the capacity to do it or was [read more]
My parents are getting older. How do talk to them about their affairs? It can be very tough because death is not something anybody likes to talk about. Unfortunately, should [read more]
Often times we’re confused between these terms: LLC and corporation. What’s the difference? Which was better for my company? What’s the difference between the two? Do they protect me? This [read more]
Do I need a special needs trust? A special need trust is a trust that protects assets for someone who might be on some kind of state disability from having [read more]
How does probate work for estates that don’t have real property? If a person passes away and all they had was an account then there is a key number of [read more]
How do I make sure that my corporate books are up to date after starting a business? If you start a corporation or LLC online, you are provided with the [read more]
I signed my estate planning documents. Now what? Estate planning documents are signed either in our office or we will send a notary to you for a small additional cost. [read more]
Are there differences between a will and a trust? Can you break it down? After someone has died, the process is: If somebody has nothing in place, we’re going to [read more]
How does probate work when there’s a will? A will maps out who is going to be in charge and who receives what. Commonly the oldest child is the executor [read more]
Why do small business owners need to have an attorney? 80% of the businesses in the United States are small businesses. And that can be anywhere from 2 employees to [read more]
Do estate taxes apply to me and what do I need to know about them? Estate taxes don’t apply to most families. California does not have an estate tax. We’ve [read more]
What if I have a child with special needs? This is a situation that can make me a little bit irritated because some attorneys see a client with a child [read more]
What should I do if my child is married to somebody who I don’t want receiving anything from the trust? As a father of young children, I do not know [read more]
What happens with my property taxes after I transfer the property into a trust? Will they be reassessed? This is probably the most question we get. The basic answer is, [read more]
After transferring my property into the trust, how long does it take for the deed to come back to me? This is a common question that we get because this [read more]
Do I need to keep my estate planning binder and where should I store it? In the age of digital copies backed up onto our hard drive and on MyCase, [read more]
Should my children have copies of my estate planning records? I would recommend that it is not necessary for children to have a copy of your estate planning records. Children [read more]
Now that my trust is in place, what do I do with things like I will tell you what I do with my car, and that is nothing. Technically, anything [read more]
How do I verify that my bank accounts and other financial accounts reflect the fact that they are now in a trust? By this point, we have spoken with our [read more]
How do I keep a trust funded? A trust is a set of papers, and unless you do more than just sign it, it may not give it the force [read more]
What is a conservatorship? Do I it needed? Conservatorships are like a guardianship but for an adult or an adult requesting that the court allow him to take custody and [read more]
What’s the point of a living trust if there’s just going to be problems? Many hear of stories where their friends made a trust and their kids fought anyway. But [read more]
I am the trustee of my deceased parents’. What do I do? If they have a trust and everything is done correctly then we don’t have to go to court. [read more]
I need to go into probate but I don’t know what kinds of accounts the person had. What do I do? This happens in almost every case. The first thing [read more]
What do you do if there’s a person or family member that’s in a property that’s in an estate or a trust and they just won’t leave? This is a [read more]
Where should the money from an estate sale go? The money from an estate sale goes into the estate account. The sale of a car or anything else sold at [read more]
What is mediation and why is it a better decision than going to trial? Mediation is a process that usually happens outside of a court that doesn’t have to comply [read more]
What should I do after my estate planning is done? Estate planning is something people put off for way too long and so once complete, congratulations are in order! You [read more]
How frequently should I update my documents? This is a great and a common question. Look at major life events such as marriage, divorce, death, the birth of a child, [read more]
What is MyCase and how do I use it to its full potential? MyCase is a client portal and the way that we communicate with our clients. In the age [read more]
Can the Department of Health services come after me for money if my parents have passed away and they were on these services? Yes. It’s a little known fact that [read more]
What if a loved one has passed away and we need to go into probate but I just don’t have the money to be able to pay for this upfront. [read more]
Do I have to pay taxes on my inheritance once received? This is a great question for a CPA. In most cases, you are not paying income tax on inheritance. [read more]
What if there is real property as part of my probate but I don’t have a realtor? Most people know a realtor, whether it’ a brother, a cousin or friend [read more]
What happens in probate when there is no will? If there is no will, it gets a little more complicated because then we do not know who should be appointed. [read more]
Disputes over a passed loved one’s estate or will is likely the most damaging experience for a family. Damage becomes heightened if disputing parties decide to go to court. However, [read more]
The loss of a loved one is an extremely emotional and overwhelming time as you are unable to grieve in peace until their estate has been dealt with. We want [read more]
There are a variety of individuals who are choosing to place their final affairs in a living trust as opposed to a will, because they offer unique benefits and allow [read more]
There are a variety of options available to you when it comes to handling your final affairs. When you choose to delegate your final wishes in a will, your loved [read more]
As daunting of a subject as discussing your final wishes can be, it is extremely important if you want the ones you love most to be able to grieve in [read more]
Too often than not, settling an estate ends up in litigation and family turmoil as involved parties find it difficult to come to an agreement. Without experienced legal counsel by [read more]
Unfortunately, the death of a loved one is often followed by family turmoil, which results in estate and trust litigation. In avoiding the formality of court, many individuals who are [read more]
There are a variety of things you need to know when it comes to choosing a living trust vs. a will. Despite popular misconception, a will is not your only [read more]
As challenging as it is to think about what will happen to your loved ones after you pass, it is vital if you have specific wishes. If you die without [read more]
A revocable living trust is an alternative financial planning solution that allows your assets to be protected based on the unique situations of each phase of your life, without having [read more]
If you are one of the many individuals who wants to provide for your loved ones after you pass but do not want to go through probate to do so, [read more]
In order to receive peace of mind in your future, you must conduct some basic financial planning. In doing so, you may be left wondering if you really need a [read more]
Unfortunately, the death of a loved one is often followed by family turmoil and debate over his or her estate. In attempts to avoid family debates, many individuals will appoint [read more]
In order to have peace of mind that your final wishes will be carried out and your family members will be protected after you pass, you must create a will [read more]
It is no surprise that estate planning is a complex and invasive process. However, estate planning for celebrities can be extremely complex with so many interested parties involved in the [read more]
As you may have heard about the complex and long process of probates, you may be inclined to try and avoid the process altogether. When you are going over your [read more]
It is common knowledge that the probate process sometimes takes several years to complete. In order to close the probate process, the executor of the estate must request a release [read more]
Deployment orders typically raise an abundance of questions and concerns. One of the most important steps that need to be taken care of before an individual is deployed is arranging [read more]
If you have been appointed the executor of someone’s estate, you will need to understand exactly what probate is, how it works, and what you need to do to get [read more]
Despite popular belief, in most cases, a will does not suffice to meet all of your estate planning needs. Yes, they are inexpensive and simple ways to identify your final [read more]
Arranging your financial affairs can be an overwhelming time for anyone. However, if you do not arrange your financial affairs ahead of time, you leave your family confused and stressed [read more]
While the topic of your family’s wellbeing after your passing may not be dinner table conversation, it is important that you have everything in order. If you do not plan [read more]
When someone you love passes, there are a variety of new emotions and tasks on your plate. Before you can grieve in peace, you must decide whether or not you [read more]
Various decisions will be made in the coming months regarding the most controversial issues the Supreme Court has been faced with this term. Evidence supporting both sides of each controversial [read more]
The various drama surrounding legal estate battles proves the importance of proper estate planning. New lawsuits arise each day surrounding the legal battles of trusts, wills, and estates. In order [read more]
Estate planning can be one of the most complex matters for a family to figure out. The complexity continues when there is a second marriage involved, and furthers when there [read more]
No matter how well you and your family communicate, confronting the subjects of both death and money is complicated and is often a manner that is uncomfortable to talk about. [read more]
Our society has shown an obvious obsession with the lives of celebrities, especially when the drama involves a lawsuit. If you are one that loves to stay up to date [read more]
The drama surrounding Obamacare has not even begun to dwindle down. Recent news show that two federal appeal court rulings have conflicting rulings regarding the legality of Obamacare subsidies. A [read more]
The famous Donald Sterling vs. Shelly Sterling case hasn’t left the headlines since videos of Donald Sterling making racist remarks surfaced. Testimonies of the probate trial concluded this week and [read more]
Are you one of the many individuals faced with saving for your own retirement while figuring out your aging parents’ estate planning at the same time? While the morbid thought [read more]
Appointing a trustee or executer to your will or trust is an important decision that requires careful planning and execution. Often, appointing a family member causes turmoil and a family [read more]
When appointed as a trustee or executor of a trust, you take on many responsibilities. Your goal is to always act in the best interests of the trust holder. While [read more]
What is the most outrageous lawsuit you’ve ever heard of? This has to top the charts! Sixty-two year old, Anton Purisima is suing a long list of defendants over a [read more]
Have you ever had a quarrel with a friend or past roommate and immediately claimed you were going to sue them? While legal matters are always serious, many people think [read more]
Appointing responsible beneficiaries for all of your bank and brokerage accounts can help you avoid probate court. Doing this can help you save thousands of dollars. No matter how young [read more]
Estate planning is not just for average Joes but Oscar Winners as well. Many lessons can be learned by analyzing the estate planning methods of celebrities. Five Oscar Winners provide [read more]
When appointing an executor or trustee of your will or trust, it is important that you nominate someone who will not cause problems in the future. Many people choose to [read more]
A jury ruled in favor of the Beastie Boys deciding that Monster Beverage Corporation committed Copyright Infringement by using Beastie Boys music without a license in an online video. The [read more]
The size of an estate dictates if it has to go through probate court or not. In California, an estate without real property that is $150,000 or less in value [read more]
Many want to avoid their estate from going through probate court in order to save their heirs money and get assets distributed in a timely manner. Avoiding probate is possible [read more]
Most people steer clear of any hard or depressing topics in day-to-day life, such as death. People do not want to talk about death even though it is an unfortunate [read more]
A living trust allows you to hedge against an adverse event in the future, such as becoming incapacitated due to an illness or accident. Living trusts have advantages that allow [read more]
Putting together a last will and testament can be quite an ordeal, which is why many people put the task aside. But as cumbersome as the task can be, if [read more]
The 2nd Annual Marine’s Toys for Tots Classic Car Show and Toy Drive in Historic Downtown Upland is Saturday, May 17th from 8 am to 2 pm. This is a [read more]
Most people simply want to leave their hard-earned money and other assets to those they love. But without the proper legal instruments (i.e., a will and a living trust), much [read more]
Estate planning can help ensure all the legalities are in place for passing on your estate after your demise. Making a plan in advance will alleviate any problems or issues [read more]
Laws are designed to shape society and to encourage everyone to stay away from troublesome behaviors. But there are some weird laws across the United States that are still on [read more]
It’s normal for someone to have questions about probate. Most will only deal with it once in their life, and it’s not something that is a topic of everyday conversation. [read more]
A living trust can be an expedient and efficient way to deal with your assets upon your demise. Because it is often quicker and cleaner than probate, some will choose [read more]
The discussion of wills and trusts can leave people feeling nervous and worried. Who will take care of their estate and assets when they die, especially if there are young [read more]
