Estate Planning and Business Law
    • 24th Annual MCLE Spectacular!

      Check out this new article, Contra Costa County Bar Association proudly presents the 24th Annual MCLE Spectacular! Friday, November 16, 2018. Click here to find out more!

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    • Deadline to file a notice of appeal

      You can file a notice of appeal as soon as the order or judgment you want to appeal is signed by the superior court judge and stamped "Filed" by the court clerk. The judgment is "entered" when it is ...

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    • Blackwell, Santaella & Jahangiri, LLP Receives Women's Business Enterprise Certification

      The law firm of Blackwell, Santaella & Jahangiri, LLP , is proud to announce that it has received its Women's Business Enterprise certification by the Astra Women Business Alliance, a regional ...

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    • Limited Liability Company

      (a) Unless the articles of organization indicate the limited liability company is a manager-managed limited liability company, every member is an agent of the limited liability company for the purpose ...

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    • Suspended California Corporations and Litigation

      A corporation whose corporate powers have been suspended or forfeited is without capacity to prosecute or defend against a suit until revivor of its powers by the appropriate statutory procedure ( ...

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    • Transfer with intent to defraud or transfer not given in exchange for value: Determining actual intent

      · (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the ...

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    • Business Succession Planning

      An important area overlooked in the estate planning process, especially for owners of closely held or family owned businesses, is business succession planning. These businesses are often the largest ...

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    • BSJ Legal is certified to compete for contracts with CA Public Utilities for professional services.

      "Blackwell, Santaella & Jahangiri, LLP has been certified as a Utility Supplier under the Supplier Clearinghouse for the Diversity Program of the California Public Utilities Commissions [CPUC]. CPUC ...

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    • Novation

      Novation A novation is the substitution of a new obligation for an existing one [Civ. Code § 1530]. It requires an intent to discharge the old contract, mutual assent, and consideration. A novation is ...

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    • Police May File Police Report "Charging" A Defendant With A Criminal Offense, But Is The District Attorney Who Decides If A Person Will Be Formally Charged By Filing A Criminal Complaint.

      Police May File Police Report “Charging” A Defendant With A Criminal Offense, But Is The District Attorney Who Decides If A Person Will Be Formally Charged By Filing A Criminal Complaint. In a recent ...

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    • All Are Invited to the East Bay Ladies Who Lunch Breakfast

      Everyone is invited to the East Bay Ladies Who Lunch Breakfast. When: Wednesday, April 2, 2014 Where: Sunrise Bistro, 1559 Botelho DR., Walnut Creek, CA 94596 Time: 7:30 – 8:00 a.m. (Networking Time) ...

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    • Filial Laws: So Who is Legally Responsible for Elder Parents?

      Filial, meaning due from the daughter or son, is a funny word to say. However, filial laws have, in recent years, garnered increasing attention for their serious implications. If you have heard of ...

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    • Are Your Seniors Being Financially Exploited?

      We expect our golden years to be relaxing and rewarding. Yet as we grow older, we tend to start relying on other to assist us with things that we could once handle on our own. It is during those times ...

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    • Lawful Grounds for Discharge from a Skilled Nursing Facility and Defenses

      As an elder law attorney and advocate I often get frantic calls from family members when a skilled nursing facility has advised them that they plan to the discharge the resident within a week or days. ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

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    • See Through Trusts

      The stretch payout is available to the designated beneficiary, defined in the IRC Code, as "any individual designated as a beneficiary…". If the owner of an IRA or qualified plan dies before their ...

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    • Elder Law & Planning for Your Estate

      Dying is a part of life. It is a given that we will all pass one day. Understandably the majority of people do not like to think about their mortality or of being incapacitated. Nevertheless, it ...

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    • Another Option in Trust Administration Disputes -- Collaborative Practice for Estate Planning and Trust Administration

      Collaborative Practice for Estate Planning and Trust Administration provides the means of resolving familial conflicts without involving the legal system and protracted litigation. Instead, these ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

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    • The Trump Presidency & Your Estate

      Last month's election of Donald Trump and Republican majorities in both our Senate and our House of Representatives have raised a number of significant financial uncertainties for some Americans-- ...

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    • FRAUD

      “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact with the intention of depriving the plaintiff of property or of a legal right or otherwise to cause plaintiff ...

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    • What is Res Judicata?

      Res judicata, also known as claim preclusion, is the Latin term for "a matter [already] judged." Simply put, if a matter has been adjudicated by a competent court, it may not be pursued further by the ...

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    • The Relation Back Doctrine

      The term "cause of action" refers to the facts upon which the rights of action are based. When a plaintiff seeks to add new legal theories or causes of action, the amended complaint relates back to ...

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    • Filial Laws: So Who is Legally Responsible for Elder Parents?

      Filial, meaning due from the daughter or son, is a funny word to say. However, filial laws have, in recent years, garnered increasing attention for their serious implications. If you have heard of ...

      Read More
    • Medi-Cal Recovery

      Medi-Cal Recovery By Ivette M. Santaella We receive many phone calls regarding Medi-Cal recovery. Many people fear that Medi-Cal will put a lien on their home and that they will lose their homes. ...

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    • The Law Office of Blackwell, Santaella & Jahangiri, LLP Will Have a Table at the National Healthcare Decisions Day Volunteer Event

      At the Law Office of Blackwell, Santaella & Jahangiri, LLP, we are excited to announce that we have a table at the National Healthcare Decisions Day Volunteer Event in Oakland. Wednesday, April 16, ...

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    • Guides from the California State Bar

      The State Bar of California provides comprehensive pamphlets regarding estate planning and elder issues. Whenever we go out on a presentation, or meet with a client, we provide them with a copy of a ...

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    • Blackwell, Santaella & Jahangiri LLP Now Offering Notary Services

      At Blackwell, Santaella & Jahangiri LLP , we are proud to announce that after completing an 8 hour course, taking an exam and an oath, both attorneys Ivette M. Santaella and Linda C. Blackwell are ...

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    • Filial Laws: So Who is Legally Responsible for Elder Parents?

      Filial, meaning due from the daughter or son, is a funny word to say. However, filial laws have, in recent years, garnered increasing attention for their serious implications. If you have heard of ...

      Read More
    • Lawful Grounds for Discharge from a Skilled Nursing Facility and Defenses

      As an elder law attorney and advocate I often get frantic calls from family members when a skilled nursing facility has advised them that they plan to the discharge the resident within a week or days. ...

      Read More
    • Nursing Homes and What You Need to Know About Admission Agreements

      Putting a love one in a nursing home is very difficult. When I had to place my Mom in a facility I cried the whole way. The last thing you need when you get there is to be bombarded with paperwork and ...

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    • A Special Needs Trust Can Now Be Designated as an Option Beneficiary

      Effective January 1, 2017, Defined Benefit Program members and Cash Balance Benefit Program participants may designate a special needs trust or supplemental needs trust, as an option or annuity ...

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    • Why Buy-Sell Agreements are Important to Business Owners

      What happens to your business if you are disabled or die? A Buy-Sell Agreement provides a plan for a seamless transition with minimal disruption to your business. There are two categories of Buy-Sell ...

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    • Understanding the California Probate Process

      Understanding the California Probate Process There is no question that losing a loved one is a sad and difficult time for a family, relatives and close friends. Once someone passes, those left behind ...

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    • Changes Looming... New Restrictions to VA Planning

      The House of Representatives passed new legislation on October 29, 2013, that would restrict the ability of our veterans (and the many financial and legal advisors who assist them) to qualify for ...

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    • Limited Conservatorship

      A limited conservatorship is a special type of conservatorship established for individuals with development disabilities. This legal proceeding impacts the ability of the special needs individual to ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

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    • Benefits of Having a Comprehensive Durable Power of Attorney

      It is so important to have a detailed and comprehensive durable power of attorney. Unfortunately many durable powers of attorney are too general and cause problems, especially for seniors. Before a ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

      Read More
    • See Through Trusts

      The stretch payout is available to the designated beneficiary, defined in the IRC Code, as "any individual designated as a beneficiary…". If the owner of an IRA or qualified plan dies before their ...

      Read More
    • Elder Law & Planning for Your Estate

      Dying is a part of life. It is a given that we will all pass one day. Understandably the majority of people do not like to think about their mortality or of being incapacitated. Nevertheless, it ...

      Read More
    • How to Get into a Skilled Nursing Facility

      If you or an elder you know are interested in getting into a Skilled Nursing Facilities (SNF), it is likely because of the wide range of services SNFs provide that exceed what regular nursing homes or ...

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    • The Able Accounts for Special Needs Individuals

      Individuals who will be eligible for the CalABLE program have even more reason to look forward to its launch later this year following the passage of CA Senate Bill 218 last October. Signed in 2014 by ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

      Read More
    • A Special Needs Trust Can Now Be Designated as an Option Beneficiary

      Effective January 1, 2017, Defined Benefit Program members and Cash Balance Benefit Program participants may designate a special needs trust or supplemental needs trust, as an option or annuity ...

      Read More
    • Summary Judgment and Summary Adjudication

      Summary Judgment and Summary Adjudication Procedures: Summary judgment and summary adjudication motions enable a court to determine that the opposing party's pleadings lack evidentiary support and to ...

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    • Introduction to Parental Protection Trusts

      Following is information on a new estate planning tool that will address the long-term care needs and legacy planning of families. The Parental Protection Trust (PPT) allows children of elderly ...

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    • Special Needs Trust Fairness, At Last

      December 13, 2016 marked the end of a 23 year-long period where mentally fit individuals where barred from establishing their own special needs trusts. The Special Needs Trust Fairness Act, part of ...

      Read More
    • Veterans Administration Pension Benefits

      Veterans Administration Pension Benefits are paid to veterans who were in military service during wartime and who have little or no income. Veterans who have serious disabilities may qualify for Aid ...

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