An East Coast financial advisor recently had a Bay Area client who needed help closing an estate involving real property holdings after the death of a loved one. She came to us via referral, as the legal challenges of the trust administration were a bit complex and needed the expertise of a local estate planning and real estate attorney familiar with California law. Apparently we made a real difference.
The advisor sent this note to the person who referred us:
“Your attorney was VERY helpful. I wish the woman who needed him had connected with him sooner— so does she! Many thanks!”
Real Estate Ownership Issues Arise in Trust Administration
Sorting out ownership and title claims for real property for estate planning is critical to help heirs move on with their lives with minimal conflict. We are pleased to have had a hand in helping get this estate properly sorted out.
Our mission is always to put the needs of the client first, before our own. We are happy to have once again met that standard in this situation.
The Rotary Club of Castro Valley recently honored our firm founder and partner Mark Poniatowski as Rotarian of the Month, along with fellow club members Roland Williams and Bernie Kempen. They were honored for their work establishing the club’s Racial Discrimination Forum and initiating a serious discussion of race in our community.
Mark Poniatowski Founds Castro Valley Rotary Club Racial Discrimination Forum to Explore Community Bias Issues
Here is an excerpt from the club’s announcement: Continue reading
Home title fraud earned the “latest scam” label from the FBI back in 2008. Home title fraud (also known as “deed fraud”) is different from mortgage fraud. Title fraud occurs when someone obtains the title to your home through fraudulent methods. Then, the criminal tries to use your home’s equity to secure as many loans as possible. Homeowners can be completely unaware of this until the lender tries to foreclose on the home. It can take your real estate attorneys months to undo the damage. Continue reading
Creditor Rights is a generic terms for the tool-box of rights that any creditor has to collect outstanding debt from the debtors that owe the creditor money. This Creditors Rights tool box is available whether in a bankruptcy or non-bankruptcy context.
Creditors Rights Protect Creditors When Debts Become Hard to Collect
If one of your debtors declares bankruptcy, or is not in bankruptcy but in default in payment and not responding to your collection efforts, it is important for you to learn more about your rights as a creditor and what you must do to give yourself the best opportunity to collect your debt. And the tools at your disposal differ depending on whether in a bankruptcy or non-bankruptcy context. This is what a Creditors Rights attorney can help you sort out. Continue reading
We have used the Poniatowski Leding Parikh Law Firm and have known Mark Poniatowski for over 20 years; we are extremely pleased with the legal advice we have received over those years. The staff is professional, easy to work with and dedicated in protecting our interests. Many of the issues we have asked assistance for are outside “credit/collection/recovery law” and the results have been just as successful. Without the help of Mark and his staff, we know that we would not have had the successful outcomes we have had. We certainly appreciate the knowledge and support received through this law firm.
2020 Google my Business Review for Poniatowski Leding Parikh Law Corporation by a Northern California Heavy Equipment Dealership with multiple locations.
For the second year running, our partner Mark D. Poniatowski has been recognized by SuperLawyers for his strong reputation in the Bay Area legal community as a Creditor/Debtor Rights lawyer.
Poniatowski Earns 2020 SuperLawyers Rating for Creditors Rights Work
Mark has been practicing law in Castro Valley and the East Bay for over 30 years, starting out with a real estate and small business law practice in 1989. Continue reading
We have been following a growing narrative in the commercial real estate press that the Covid-19 crisis will foster permanent changes in how companies organize and run their workforces.
Office Space Will Look Very Different Post-COVID-19 With Social Distancing
These rapidly changing needs are already having an impact on commercial real estate:
Title to Co-Ownership of Real Property Put to the Test When Co-Owners Die or Become Incapacitated
We are seeing more and more cases where a co-owner of a jointly owned investment property retains us after the other co-owner dies or becomes incapacitated (as a result of Alzheimer’s or some other illness or accident).
- In the case of the death of the other co-owner, our client is usually now dealing with a successor trustee, executor or administrator of the estate.
- In the case of the incapacity of the other co-owner, our client is usually dealing with an agent under a power of attorney or a conservator.
In many cases, our client is surprised to learn that the vesting language in the deed to the property does not reflect the client’s understanding or intent regarding their ownership share. Continue reading
We represented a judgment lien creditor that sought priority of its attachment/judgment lien against the holder of a senior deed of trust in an interpleader action. This was to determine which party was entitled to nearly $300,000 in surplus funds after a trustee’s sale of commercial real property in Hayward, CA.
Hayward Commercial Real Estate Proceeds Subject to Creditor Dispute
After a 4-day bench trial in 2016 between these two competing secured creditors, the trial court entered judgment in favor our client, even though our client’s lien was recorded after the opposing party pension plan’s deed of trust. Continue reading
We have been asked for guidance by many of our small business clients regarding the classification of workers as either independent contractors or employees based on the new California law known as AB 5.
Defining Independent Contractor Status Under AB-5
There are certain labor law requirements triggered when a worker is considered an employee rather than an independent contractor. A full discussion of them is beyond the scope of this blog. But, as most employers know, the additional labor law and tax requirements applicable to employees, compared to independent contractors, are significant.
Now we have AB 5, which is a new law effective January 1, 2020. Continue reading