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Palo Alto, CA (Law Firm Newswire) January 30, 2015 – According to estate planning professionals, an increasing number of high-net-worth individuals are limiting how much money they leave to their children. The most famous example of this might be Warren Buffet, who has said publicly that he does not want to leave his children so much money that they do not need to do anything with their lives. Similarly, Bill Gates has said that he plans to donate almost all of his multi-billion dollar fortune to charity, leaving about $10 million to each of his three children. Estate planning attorney […]


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Orange County, CA (Law Firm Newswire) January 29, 2015 – One of the little-known benefits of divorce mediation is the ability it gives couples to plan for future taxes, says Gerald Maggio, a California divorce mediator.   A recent article on Fox Business pointed out that divorced couples who do not communicate clearly about taxes can end up with rejected returns, audits and tax penalties. “Tax rules are already complicated, and a divorce can complicate them further,” commented Maggio. “Too little communication too late can create major problems.” According to Fox Business, divorced or separated parents must agree which parent […]


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Orange County, CA (Law Firm Newswire) January 26, 2015 – The state of Mississippi does not recognize same-sex marriages. A divorce case before that state’s Supreme Court may change the national marital landscape. In 2013, a Mississippi County Chancery Judge ruled the state’s constitution and statutes forbade him from granting a divorce to a same-sex couple. The women were married in California in 2008, and could have obtained a divorce in that state. However, they moved to Mississippi to buy a home and ended up going their separate ways in 2010. The foundation of the argument before the Supreme Court […]


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Orange County, CA (Law Firm Newswire) January 22, 2015 – The National Parents Organization (NPO) gave California a “D” in a recently released report card on the state of shared parenting in child custody arrangements across the United States. According to Orange County divorce mediator Gerald Maggio, the grade is not a reflection on California’s parents, but on California’s divorce courts. “This report looks at legal statutes and judicial practices in each state to determine how favorable the court system is to shared parenting in child custody cases,” said Maggio of California Divorce Mediators. “In California courts, child custody decisions […]


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Palo Alto, CA (Law Firm Newswire) January 16, 2015 – According to a recent report in the Wall Street Journal, wealthy families are increasingly setting up private trust companies to manage their assets, rather than using traditional trust companies. “Private trust companies offer families more flexibility and more control,” said Michael Gilfix, a Palo Alto estate planning attorney with Gilfix & La Poll Associates LLP. “It is easy to see why more and more super-wealthy families are selecting this option, although there are potential downsides.” One reason many families choose to create a private trust company, reports the Wall Street […]


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Carlsbad, CA (Law Firm Newswire) January 8, 2015 – Albertson & Davidson, LLP is pleased to announce the addition of two new attorneys, Rachel Donnelly and Amy Smith, to their Carlsbad Office near San Diego, California. By adding these two highly qualified California lawyers to their already impressive list of attorneys, Albertson & Davidson is better able to serve their clients with probate, trust, and estate litigation and planning needs. Rachel Donnelly is an award-winning litigator who started honing her courtroom skills while studying at California Western School of Law. While still a student, Ms. Donnelly won second place in […]


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Sacramento, CA (Law Firm Newswire) January 2, 2015 – Clothing made in California for outlets such as Macy’s, JC Penney and Kohl’s, actually comes from local sweatshops where some employers routinely unplug the clock intended to keep track of worker’s hours. The U.S. Department of Labor determined Los Angeles-based P & Young Apparel Inc. was falsifying payroll records after an investigation revealed time cards that alleged workers on the same shift all checked in within two minutes of one another, a classic indication of tampering. Ultimately, P & Young owed the 15 employees in question $33,000 for their unpaid work. […]


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Palo Alto, CA (Law Firm Newswire) January 2, 2015 – A recent article in the Wall Street Journal describes a transformation in estate planning for individuals or couples who have significant assets, but who are not subject to the federal estate tax. With a federal estate tax exemption set at more than $5 million per individual — a figure set to rise — tax reporter Laura Saunders says that capital gains taxes are now the driving concern in estate planning for many affluent Americans. “Saunders is absolutely right to point out that, particularly for Californians, capital gains taxes can pose […]


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Orange County, CA (Law Firm Newswire) December 31, 2014 – Recently, the divorce of an older Midwestern couple made headlines as the spouses waged a high-profile legal battle in court over a multi-billion dollar fortune amassed during a 26-year marriage. But that case is an anomaly. As the divorce level rises among couples over 50, experts suggest that the only ones getting rich are the divorce attorneys.  An article in AARP pointed out that in 2010, the divorce industry made $50 billion, while many of those getting divorced ended up in financial difficulty. Maria Cognetti, the president of the American […]


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Orange County, CA (Law Firm Newswire) December 23, 2014 – In November, North Dakotans voted down a ballot measure on child custody. The measure would have mandated that judges order equal parenting time in all custody cases between two parents unless there was significant evidence that one parent was unfit. The measure has made headlines across the country, receiving extensive coverage in national publications, including the Washington Post. Proponents said that both children and parents would benefit from equal parental roles in the children’s lives. Opponents said that the policy would draw focus from the best interests of the child. […]


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San Francisco, CA (Law Firm Newswire) December 16, 2014 – Custom Legal Marketing (CLM) has announced that until January 1, 2015, any law firm that signs up for a legal marketing plan with CLM will get a custom app for their law firm at no additional charge. CLM’s legal marketing plans help law firms grow by using innovative digital strategies to increase quality lead flow. Because so much of the digital world is now on mobile devices, CLM founder Jason Bland says that a mobile app can be a huge asset to firms who want to grow. “A mobile app […]


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Sacramento, CA (Law Firm Newswire) December 15, 2014 – Paying day rates to in-home care workers is illegal, as their setup does not make allowances for overtime pay. California AB 241 went into effect more than ten months ago. It is designed to protect in-home care workers from labor violations. However, there are still numerous reports of illegal overtime pay violations in this sector, as well as complaints relating to missed meal breaks and rest periods. The standard practice had been to pay in-home labor day rates, but this became illegal under California’s Domestic Worker Bill of Rights because there […]


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Orange County, CA (Law Firm Newswire) December 12, 2014 – It is important to draft a prenuptial agreement correctly, or it may be challenged later. A prenuptial agreement signed by Anne Dias (Griffin) the night before her 2003 wedding to Citadel hedge-fund billionaire Ken Griffin is coming under fire in their contentious divorce action. Dias Griffin alleges that the agreement was signed under duress a mere three hours before their rehearsal dinner. Last minute prenuptial agreements have the potential to backfire. “If the agreement is successfully challenged,” outlined Gerald Maggio, a respected Orange County divorce attorney, not involved in the […]


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Sacramento, CA (Law Firm Newswire) December 8, 2014 – Waivers are only required if an employer “makes” a worker miss a second meal break, said the California Court of Appeals in Fayerweather v. Comcast Corp. Comcast service technicians spend their days in the field installing phone, cable and internet service systems in businesses and homes. Company policy stated they were to take breaks, fill out a waiver if they skipped their second meal break and accurately track their working hours. Management had no way of knowing if the technicians took their breaks. California workers are filing more lawsuits. Many of […]


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Palo Alto, CA (Law Firm Newswire) November 24, 2014 – A new study from Allianz Life Insurance shows that fundamental misconceptions about elder financial abuse may be fueling the growing problem. According to the study, most seniors and their family members believed that the greatest risk comes from telemarketing calls and similar contact with strangers. Few realized that the majority of elder financial exploitation is perpetuated by someone the senior already knows. “It is common for people to think that this will not happen to their family,” said elder law attorney Michael Gilfix of Gilfix & La Poll, who works […]


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Sacramento, CA (Law Firm Newswire) November 21, 2014 – There is a backlog of over 11,000 nursing home abuse complaints in California. High-priority complaints received by the California Department of Public Health (DPH) relating to the abuse of seniors in the care of publicly funded nursing homes have been allowed to simmer on the backburner for almost a year. A high-priority complaint is one where a resident sustained serious harm. By law, staff of an elder care nursing home is required to report health changes that may indicate senior abuse. This does not happen often, as many fear the ramifications […]


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Sacramento, CA (Law Firm Newswire) November 19, 2014 – Nursing home abuse does not just happen in a nursing facility. It can also happen in a patient’s home. “This case was a tough one for the family,” said nursing home abuse attorney, Deborah Barron, who is not involved in this case. “This kind of situation could just as easily happen in any nursing home or private residence in California.” Peter Mazza had raised five children over the 47 years he had lived in his home. He had become a grandpa to 13 children. His loving family cherished Mazza’s presence in […]


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Palo Alto, CA (Law Firm Newswire) November 18, 2014 – Earlier this year, the Supreme Court of the United States reaffirmed that inherited IRA accounts are not protected in bankruptcy as regular retirement accounts are. According to estate planning attorney Michael Gilfix of Gilfix & La Poll, this is just one of the many reasons that anyone with a significant IRA account should look into the idea of setting up a trust as the beneficiary of an IRA account. “Designating a trust for an IRA account is not for everyone,” Gilfix explained, “but it could be of great benefit to […]


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Orange County, CA (Law Firm Newswire) November 14, 2014 – A recent study, published in the Journal of Divorce and Remarriage, has found that divorcing parents definitively benefit from taking a co-parenting course. Significant research has already shown the wide range of short- and long-term benefits for children when their separated parents learn to co-parent. This is one of the first studies that focuses on the effects on the parents. The study focused on a series of online co-parenting courses by Online Parenting Programs, a company that offers a wide range of court-approved programs for couples and families experiencing divorce […]


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Orange County, CA (Law Firm Newswire) November 7, 2014 – When two parents divorce, the grandparents of the children have the right to petition the court for visitation rights. However, according to the official California Courts website, grandparents should consider mediation before pursuing action in court. “There are a number of problems with pursuing a grandparent visitation claim in family court,” agreed Gerald Maggio, an Orange County divorce mediator. “To start, the courts have huge backlogs. And once a case does get to the front of the line, the family is often ordered to see a mediator anyway.” Mediation is […]


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