Whether you’re investing in valuable California real estate for personal or professional reasons, it’s important to take the right approach to structuring and holding these assets. One option we rarely recommend is holding real estate in a corporation. While corporations offer some legal protections, putting real estate inside a C or S corporation can create tax problems that are difficult—or even impossible—to Read More
Land Trust Explainer: Understanding the Benefits and Limited Protections
California real estate investors and property owners have their reasons for keeping ownership private or ensuring that assets transfer outside of probate. A land trust can meet these goals, but it’s important to understand what it does—and what it doesn’t do. While land trusts may provide limited anonymity, they do not offer true asset protection unless they’re structured in conjunction with other legal tools that do Read More
Taxation of Stake Rewards for Cryptocurrency Investments
Staking has become a popular way for cryptocurrency investors to earn passive income while diversifying investments through the blockchain. However, the tax treatment of stake rewards remains a complex issue with continuously evolving guidance from the IRS. Investors need a tax strategy that accounts for tax obligations on stake rewards to avoid facing unexpected tax penalties and liabilities. Understanding how these Read More
Protecting the Long-Term Value of Crypto Investments Through Estate Planning
Cryptocurrency gives savvy investors another way to diversify their investments and increase the value of their hard-earned money. The rapid rise of these decentralized currencies also creates new challenges for estate and legacy considerations. Relying on creative, forward-thinking legal strategies allows you to ensure these investments aren’t lost to time, especially considering the unique ways these are Read More
Adding Non-Licensed Family Members to Your California Professional Corporation
Owning a professional corporation in California provides business owners with important legal and financial benefits, but strict regulations govern who can hold certain roles within these organizations. If you're looking for ways to involve a spouse or other family member in your business for tax strategy purposes, you may run into complications due to the licenses and qualifications required to do so. Thankfully, Read More
What is Discount for Lack of Marketability and Control (and How Does It Help Estate Planning)?
Building a successful business takes time, effort, and strategic planning. When it comes to protecting that business for the future, many owners overlook how the actual valuation of those business interests impacts estate planning and the continuation of their legacy. If you plan to transfer business interests—whether to family members, trusts, or other individuals or entities—understanding how your business is Read More
Law Firms Have an Ethical Obligation to Have a Succession Plan in Place
Lawyers have a legal and ethical obligation to fulfill the full scope of our client’s legal needs—even if we are unable to do so ourselves. That’s not just our position as attorneys in California and as a firm that regularly represents other law firm owners; that’s the position of the State Bar of California. As a law firm owner, partner, or lawyer, you understand the responsibility you have to your clients. They Read More
Will a Domestic Asset Protection Trust Work in a State That Doesn’t Recognize Them?
As a business owner in California, you work hard to grow your company, take on the stiff competition in our state, and secure a financial future. Whether you're expanding your services, planning for retirement, or ensuring your family's financial stability, having an effective asset protection plan is critical. Domestic Asset Protection Trusts (DAPT) are promoted as a way to shield assets from future creditors, but Read More
Complications of Real Estate Professional Classification in California
The California real estate market offers magnificent opportunities to create a highly profitable real estate portfolio, but the legal landscape here also creates unique challenges. One notable issue involves the treatment of real estate professional status (REPS), which California handles differently than the federal government and many other states. These differences can lead to financial implications that investors Read More
What Happens to Your Estate During a Pending Divorce in California?
Divorce isn’t just an end to your relationship—it’s the separation of your lives in a complete and legal manner. As a California estate planning law firm, we frequently see the significant impact divorce has on valuable assets—and the further challenges that arise if you don’t properly handle the transfer of assets during and following this separation. It’s critical to understand how your estate is affected during Read More