Federal law states that no one can be refused employment on the basis of race, sex, religion, national origin, age, or disability.  Employment qualifications based on these categories must be bona fide and reasonably necessary to the normal operation of the business.

Not only do you need to be careful in the interview, but you must also use care in developing your employment applications and your employment advertising in San Francisco Bay Area publications.  Until these rules become second nature, all written employment materials should be reviewed by your attorney.

What follows are some examples of proper and improper questions during the application and interview process:

Age: Do not ask an applicant’s age or date of birth.  Questions which are indicative of a person’s age are equally problematic.  Thus, you should avoid asking when an applicant attended or graduated from elementary or high school.  You may, however, ask whether an applicant is over the age of 18.

National Origin: You are not permitted to discriminate in hiring based on national origin, but you must confirm that each new employee is legally permitted to work in the United States.  Therefore, during the application and interview process you may not ask that an applicant produce naturalization or alien registration information.  After you make an offer, the applicant will need to prove that he or she has the right to work in this country, and you should simply inform applicants of this fact.

You also may not ask an applicant about his or her “mother tongue,” native language, or language most commonly used.  If use of a language other than English is related to the particular job’s functions, you may ask whether the applicant can read, write, or speak that language.

As always, if you have questions, please call our office at 650-321-6796.

When many of us get married, we’re young and we haven’t always made the best financial choices.  We may be entering the relationship with debt and a less-than-desirable credit score.  There are a few things that can add up, and if you can take care of them during the newlywed planning stage, you will be able to reduce later stress in the marriage and put it on a good trajectory for financial security.

Take Care of Little Fines

Little fines that you might have incurred may not seem like a big deal, but they can turn into serious problems pretty quickly.  Things like library fines and parking tickets may be quite small to begin with, but if they get turned over to collections (which is happening more and more frequently), then they can suddenly become a much bigger issue.  Not only does the amount of money you owe grow considerably, but just having them go to collections can impact your credit rating by a huge amount.  Remember, your credit rating will soon be linked to your spouse, too, so protecting it now puts you both in a better position later.

Review Your Credit Reports

Speaking of credit scores, you and your future spouse should both take a look at your credit reports (ideally you should look at them together) to figure out where you are financially.  At some point, you will likely want to buy a home or vehicle or even start a business, and now is the time to identify any problems in your credit history and start fixing them.  If you’re not aware of the problem, it will be a lot harder to do what you need to in order to fix it.

Pay Down Credit Cards

Making minimum payments on your credit cards may seem like a good idea, especially when newlywed planning includes so many additional expenses, but now is actually a great time to start paying down balances.  If you’re paying only the minimum, it’s likely that it will take more than a decade to pay off the balance, and that’s if you’re not charging anything new.  By paying extra toward the bill each month, you are reducing the amount of debt that will be in the marriage, not to mention that you will also save you and your spouse thousands of dollars in interest over the next several years.

See A San Francisco Prenuptial Attorney

While having a Bay Area attorney in the mix may not be the most romantic part of the newlywed planning experience, it can actually save your marriage later on.  This person can help direct you when it comes to financial matters and may even recommend considering a prenuptial agreement.  These documents are not just for the rich and famous.  Instead, they can even help average people to set out a clear plan for dealing with finances during the marriage, so that money doesn’t become an issue that breaks the couple apart later.

Special needs trusts can be set up and funded in numerous ways.  The special needs trust can be either revocable or irrevocable and can spring to life upon your passing or be set up during your life.  Much will depend on how the trust will be funded.  If you are the only one to contribute then a trust that springs to life upon your death may be the best choice.  If other family members, such as grandparent, aunts or uncles will also be contributing to the trust then it makes the most sense to create the trust now.  If you are sure that the parents will be the only contributors, then you might want to consider a revocable trust, as it can be changed throughout your lifetime to reflect the choices you want to make over the course of time.

One of the biggest considerations that needs to be made is who will be the trustee.  This is the person who will administer the trust which has been created to care for your loved one.  Careful thought needs to go into choosing this person, as he or she will have a significant impact on the life of the person cared for by the trust.  The trustee will also have access to funds and will make a lot of important decisions.

Your special needs lawyer in Silicon Valley can help you to define the role of this person through your legal documents, but you still want to choose someone who is trustworthy and has your loved one’s best interests at heart.  He or she should also be very familiar with the specific needs of the person they will be responsible for, which could range from medical concerns to favorite foods and hobbies.  Additionally, you want to choose someone who has the ability to create and execute a reasonable budget.  One option is to name both a family member and a professional as co-trustees.

Of course, determining how much money needs to go into the trust is another major concern.  There are so many factors to take into consideration.  Remember that costs will likely continue to rise over time, so basing totals on today’s costs will likely not be adequate.  This is yet another reason that it makes sense to work with a special needs lawyer in the Bay Area. He or she will be familiar with many of the most common costs but will also be able to personalize the special needs trust so it is a good fit for your particular situation.

You may find that there are some one-size-fits-all special needs trust planning tools online, but this is an area where that option is really not a good idea.  No one has to tell the parent of a special needs child that every situation is considerably different.  Instead, choose a qualified special needs lawyer in Silicon Valley for the peace of mind knowing that your child will always be cared for and protected in your absence.

So, what kinds of issues need to be addressed with your trust and estates lawyer?  Whether you live in Menlo Park, CA or New York City, there are some basic questions that absolutely must be answered.

You and Your Spouse

One of the most difficult issues to contemplate is what should happen if you and your spouse were both killed together.  While the chance of passing away at the same time is relatively low, it happens.  Laws are typically set up so that one spouse’s estate passes to the surviving spouse, but when both are gone at the same time, things get a little more complicated.

For example, those with minor children need to put serious thought into who will become their children’s guardian.  If you don’t make these decisions in advance, the courts will make them for you; and their choices may not reflect your own.  It’s not uncommon for grandparents to receive custody of the children in these cases if they are still living, but that still leaves open the question of which spouse’s parents would be chosen.  If you have a preference (or want someone else chosen), then you need a trust and estates lawyer in the San Francisco Bay Area to help you make those wishes legally binding.

Children are not the only concern, of course.  Should you and your spouse be killed or incapacitated, who will take care of your finances, inherit your home, or even take care of your pets?  These are all issues which need to be considered in advance.

You and Someone Else

Your Bay Area estate planning lawyer isn’t just being nosey if he or she asks if there is someone in your life besides your spouse who may have a claim to your property.  This definitely falls into the category of “uncomfortable questions,” but if you had a relationship with someone other than your spouse, he or she may come forward after your death with the expectation of receiving an inheritance.

This can also be the case with family members who are estranged.  If you have a child you are no longer in contact with, he or she may still have a claim to your property.  Long-lost siblings or parents to whom you are no longer speaking can also still have a claim.  By setting out your plan with a trust and estates lawyer in Silicon Valley, you can help to ensure that only those you want to inherit will do so.

As a final note in this area of “uncomfortable topics,” if you and a spouse, previous spouse, or other person have chosen to store genetic material such as eggs, sperm, or embryos, you need to have plans for what is to become of this material.  Not only do you need to consider the material itself, but you also need to consider who might end up with children that have been conceived after you die.

Each of these issues is complicated in and of itself, but in order to come up with a workable estate plan, they must all be considered.  If your trust and estates lawyer in the San Francisco Peninsula doesn’t bring up some of these questions but they apply to you, it is in your best interest to bring it up now to avoid problems with your estate later.

Internal Revenue Forms: The IRS requires employees to complete a W-4 form to indicate their tax identification number, address, marital status and number of exemptions they wish to claim.  See IRS Publication 15, Employer’s Tax Guide, and IRS Publication 334, Tax Guide for Small Businesses.

The form does not get filed with the IRS, unless the employee claims more than ten allowances or if the employee claims tax exemption and earns over $200 per week.  If the employee does not give you a W-4 form, you must withhold as though the employee were single with no allowances.

Immigration Forms: The Immigration and Naturalization office is concerned with issues involving a person’s right to work.  Employers are required to have employees complete an INS form I-9 and then do the following:

(a) record which documents have been examined.  Do not just attach copies of the documents.  You must fill out the form.

(b) determine if the document appears valid.  Beware, rejecting a document because it does not appear valid may present you with legal problems.  You may want to consider going to the agency that issued the document to check its validity before you reject it.

(c) verify that the documents belong to the person presenting them.

Do not ask applicants to complete the form as part of their application process because the form contains information regarding age, national origin and alienage which could be grounds for a discrimination action if the applicant is not hired.

The I-9 forms must be kept on file by the employer for three years after hiring or one year after termination of an employee, whichever is later.  Failure to comply could result in fines up to $1,100.  In addition, if you hire a person who is not eligible to work, you could be subject to fines up to $16,000 per individual.  See INS Publication, Handbook for Employers:  Instructions for Completing Form I-9.

Employer Forms:  If you decide to hire employees, you will be required to file for an Employer Identification Number (EIN).  Your social security number should not be used because you should separate your personal and business records with the IRS.  You can apply for an EIN by completing IRS Form SS-4 and submitting it to the IRS.  You can also obtain an EIN on the IRS website.  See IRS Publication, Circular E, Employer’s Tax Guide.”

If you need assistance in complying with these or other employment laws, call our office.

While it’s better to fill out their form than to have no healthcare directive at all, it’s important to remember that it will not be personalized to fit your needs.  When the hospital or other institution puts their forms together, they do so for a wide, unknown audience.  The topics covered will be those which the hospital (or its lawyers) find important, rather than those which are meaningful to you and your family.

Basically, this document is where you name the person that you want to make medical decisions should you become unable to do so yourself.  Oftentimes, this person is a spouse, but if you are unmarried or simply want to appoint someone else, then a healthcare directive is especially important.  Remember that if you don’t assign the role, the legal system will do so for you, choosing a “close” blood relative, such as your adult children (or your parents, for younger folks) to make the medical decisions you are unable to make at the time.

Provide Guidance about Your Wishes

Your Bay Area elder lawyer will not only have you appoint someone, he or she will also help you to make many medical decisions in advance.  By recognizing potential medical situations and declaring your wishes, you can lessen the burden for the individual who will ultimately be responsible for your care.  For example, what are your feelings about life-sustaining measures such as feeding tubes and respirators?  Are there situations in which you would want these used and/or situations where you would not?

This is also a good place to make any religious or cultural restrictions known.  For example, some groups do not agree to have blood transfusions performed.  If this is the case for you, then your healthcare directive would be the place to make it known.  Ideally, you would discuss your thoughts and decisions with the person you have named so that he or she is aware of your feelings and can use that understanding to guide him or her if other circumstances were to happen.  Obviously, your healthcare proxy won’t cover every potential situation, so it’s beneficial for the appointed person to have a good understanding of your beliefs in order to make decisions which are in alignment with what your wishes would be.

Important to Remember

If you have gone through the effort to work with your Silicon Valley elder lawyer to create your personalized health care directive, make sure that it isn’t undone by filling in one of the generic healthcare proxy forms at the hospital.  If you use their form, you can negate the one you created with your attorney.

Business lawyers play a very different role than that of trial lawyers.  Rather than fighting one another, “opposing” attorneys are generally working together to bring about legal transactions between businesses.  It’s also very common for a business or corporate lawyer to help a business set up and review its contracts, to advise on tax issues and to help with the legal setup of the company.

A typical Bay Area business lawyer may have expertise in one or more of the following areas:

• Accounting
• Bankruptcy
• Contract Law
• Intellectual Property
• Licensing
• Securities Law
• Tax Law
• Zoning

Each industry will have its own specific issues and concerns, too, so it’s possible for a business lawyer to focus his or her practice on a particular type of business.  In fact, some larger companies have their own corporate lawyers right on staff.

Business Planning

A business lawyer in Silicon Valley can have a really important impact on an individual business.  Not only can they protect it by making sure everything is up-to-par when it comes to setting up and running your business, but they can also help you plan for the future.  For example, is there a succession plan in place for when key personnel leave the organization, either expectedly or unexpectedly?  The ability for a business to survive in this circumstance can balance on how prepared it was for this kind of transition.

A related concern is what will become of the business should the owner (or one of the owners) die?  Who has rights to his or her shares, and how should that be handled?  Will the business be taken over by a family member, or will it be sold, shut down, or something else?  The business lawyer helps to lay out all the options and make determinations about the decisions that need to be made.

It’s also worth noting that many business lawyers in Menlo Park have a wide skill set.  For example, in addition to business planning services, they may also provide personal estate planning for wills and trusts, assist with real estate transactions, and assist with divorces or prenuptial agreements.

Getting Help

Whether your business is large or small, a business lawyer in Menlo Park will help ensure you are set up on a proper foundation and that you are well prepared should you face lawsuits, creditors or unexpected transitions in the future.  To schedule an appointment with our business and estate planning attorneys, simply call (650) 321-6796.

Many people living this lifestyle completely overlook the fact that it can have a major impact on what happens to their assets when they die.  If you were to pass away in California, the laws governing your estate may be totally different than those in Florida, Arizona, or whatever warmer state you’ve chosen for the cooler seasons.

Some Laws Differ from State to State

Basically, you need to make a decision about which state is your true legal residence.  This may be affected by the amount of time you spend in each or some other factor.  If you’re in a situation where you truly can choose, then you really want to work with a Bay Area estate planning lawyer to figure out which state’s laws are going to be the most advantageous to you and your estate.  There are all kinds of factors which can influence this decision, such as the property laws of each, your marital status, and even tax rates.  For example, Florida has been known for not having estate taxes at all.  This is great, but it does have other taxes that could come into play.

When you pass away, your estate can end up going through probate in both states.  This can be time consuming and expensive, and you may be able to avoid it by working with a San Francisco Peninsula lawyer to set up some trusts and other protections.  There are some documents, however, that you might want to consider creating in both states where you reside.  For example, it may be helpful to have medical and financial powers of attorney drawn up in both California and the other state in order to avoid problems and delays should they be needed.

What Do You Do When You Live In Two States?

Even if you “live” in both states, you can only officially reside in one.  You are considered a visitor in the other state.  A California attorney will be able to help get you up to speed on the laws of our state and can help you compare them to similar laws in the other state where you reside.  Just as you’ve chosen to live in two states for the advantages to your life, there are also advantages to what happens after!

The Will

Probate on the San Francisco Peninsula is a court process to legally administer and close out an estate.  Unless you have specific trusts in place, your estate will likely go through this process, even if you have a will.  This is surprising news to some folks who thought that having a will would take care of everything and avoid the probate process in California.  Really, though, probate is used to ensure that the will is valid, as well as to distribute your assets according to the will.

Debts

If you have outstanding debts, the probate process is also a time for them to be paid.  The court will take a look at your assets and debts and determine how those debts are to be paid.  These debts are typically paid before your heirs receive their share of what is left.  In some cases, a Menlo Park probate attorney can help you to reduce the number of assets that are vulnerable to being used for this purpose through the use of trusts.

Executor of the Estate

The person named as the executor (which may also be chosen by the courts, especially if you don’t have a will) is charged with gathering together all of your information to present during probate in Silicon Valley.  This means that all of your accounts, assets, and debts need to be listed and submitted to the court in a timely manner.  The executor will also be responsible for overseeing the distribution of your estate and for making sure that the court’s decisions are carried out.

The Process

Again, the probate process can vary, but in San Mateo County it will generally include the following:

• Papers will be filed by the executor or lawyer to start probate
• The will (if there is one) is presented along with a list of assets and debts
• Notification of the death is made to relatives and creditors
• The executor manages the assets for the estate for the duration of the probate process

Speak to a Menlo Park Probate Attorney

If you are facing the probate process after the loss of a loved one, we encourage you to contact our Bay Area probate attorneys to begin the process of closing out his or her estate.  Through compassionate guidance and hands-on legal help, we will ensure that your loved one’s affairs are properly taken care of so you can focus on your family and the healing process.  To schedule a complimentary consultation, simply call our Menlo Park probate attorneys at (650) 321-6796.

Menlo Park Estate Planning for Your Physical Self

There are tons of reasons to do your estate planning, and it seems like those most often talked about are passing on your possessions and avoiding taxes.  It can be argued, however, that there is a far more important reason, and it’s one that even young college graduates shouldn’t overlook: your medical decisions.

What happens if you become injured or otherwise incapacitated and can’t tell the doctors what you want?  Who makes decisions for you about what kind of life-sustaining measures should be taken or whether or not you consent to surgery?  In most states, an individual’s parents are given this responsibility (although that is not always the case).  Whether you want your parents in that role or someone else, the way to make sure you have a say is to have an estate planning lawyer in the Bay Area draw up a legally binding “medical power of attorney,” also known as a Health Care Directive.

Menlo Park Estate Planning for Your Finances

It may not seem like you have much of anything to look after when it comes to finances and the recent college grad.  In reality, though, you likely do have some things to consider.  For example, do you have any debt, and if so, do you know what happens to it if you become incapacitated or pass away?  The answer has a lot of variables such as the kind of debt, whether or not you have other authorized users on your account, and more.

One of the reasons you worked so hard for your degree was likely so you could move out into the workforce, and with that comes options such as retirement accounts and insurance.  Each of these includes naming a beneficiary for benefits, and you’ll want to make sure you are up to speed on what it means and have the appropriate people named.  Some accounts don’t have specific beneficiaries, so setting up even a simple will can help make the transfer of those funds much easier and less expensive when the time comes.

Menlo Park Estate Planning for Your Partner

Many college graduates are moving forward with their lives as couples, both married and unmarried.  Either way, estate planning in Silicon Valley is an important part of making sure that your partner is cared for and receives the appropriate benefits upon your death. As mentioned above, you want to make sure you have the correct information filled out when it comes to beneficiaries on accounts, but you will probably want to go a step further to ensure that your assets pass in the way you want.  Typically, an unmarried partner is not entitled to the same benefits as spouses, so if you don’t set up the situation appropriately through well-reasoned estate planning, your significant other might be entitled to absolutely nothing!

Estate Planning Matters For College Grads, Too!

Contrary to what you may have heard, estate planning is not just for the ultra-wealthy or the elderly.  Estate planning is just as important for the college grad and savvy young adult, too.   Celebrate your recent graduation and your success by getting a complimentary review of your situation. Schedule a Legacy Planning Session with the mention of this article and let us help you layout a road map for lasting protection and peace of mind in the future.