This page contains some basic information about the type of law practiced by Rusconi, Foster & Thomas and provides links to other sites on the web where additional information may be found.
1.) View Our Newsletters
2.) Legal Answers
Questions frequently asked by people seeking legal advice.
3.) Real Estate
Matters relating to the purchase and sale of land, including the contract for the sale of land, the deed, title insurance, the recording system, mortgages and mechanics' liens. Also includes laws pertaining to easements, licenses and other rights to go onto property as well as the government’s right of eminent domain.
4.) Trusts, Estate Planning & Probate
Matters relating to wills, trusts and other devices to dispose of property during lifetime and at death, including the process of administering estates for individuals who die with or without wills, and procedures used to protect assets against claims of creditors.
5.) Estate Planning
One of the most frequently asked questions is: "What happens if I die without a will?" A person dying without a will is subject to Probate Code Section 6400. In effect, this statute states that should any person die without a will, the property passes according to the statutory scheme. The following exemplifies the effect California law would have on a person dying without a will.
Please note that the examples which follow should not be used as a definitive answer to any person's legal situation. These examples should not be taken as a substitute for legal advice in any way. They are merely a method of illustrating the effect a lack of estate planning can have. Be sure to consult with qualified attorneys.
Examples:
Person Married with No Children
Person not married with Children
Married with No Children
Surviving spouse takes one-half of community property. Probate Code Section 6401(a).
In other words, any property that can be classified as community property (property acquired during marriage), the other spouse inherits the entire property. For example, a house is purchased is during marriage with community funds. Husband dies. The surviving wife inherits his one-half interest in the house and has her one-half interest as well. She now owns the entire house.
As for the Separate Property, that passes entirely to the spouse if the decedent did not leave any children, parent, brother, sister, or any nephews or nieces. Probate Code Section 6401(c)(1)
The surviving spouse inherits one-half where decedent leave only one-child, a parent or that parent has another child. Probate Code Section 6401(c)(2)
Finally, where the surviving spouse inherits one-third where the decedent leaves more than one child; or has one child and grandchildren of a pre-deceased child; or has grandchildren by two or more pre-deceased children. Probate Code Section 6401
Unmarried with No Children
Shares pass equally to Parent or Parents. Probate Code Section 6402(b)
Useful Links:
California's 29 Codes (Statutes)
http://www.leginfo.ca.gov/calaw.html
City of Morgan Hill
http://www.morgan-hill.ca.gov
Consumer Price Index - All Urban Consumers (CPI-U)
http://data.bls.gov/cgi-bin/surveymost?cu
Consumer Price Index - Urban Wage Earners and Clerical Workers (CPI-W)
http://data.bls.gov/cgi-bin/surveymost?cw
FindLaw Legal Dictionary
http://dictionary.lp.findlaw.com/
Morgan Hill Unified School District
http://www.mhu.k12.ca.us/
Santa Clara County Agencies, Departments & County
Programs
http://www.sccgov.org/portal/site/scc/agencies
Superior Court of California, County of Santa Clara, Public Access Case Information
Site
http://www.sccaseinfo.org/
United States Postal Service Zip Code Lookup
http://zip4.usps.com/zip4/welcome.jsp
California Business Portal (Corporation/Limited Liability Company/Limited
Partnership Name Search)
http://kepler.sos.ca.gov/list.html
California Contractors State License Board (License Lookup)
http://www2.cslb.ca.gov/General-Information/interactive-tools/check-a-license/Name+Request.asp
California Department of Real Estate (Broker & Salesperson License Lookup)
http://www2.dre.ca.gov/PublicASP/pplinfo.asp
California State Agencies Index
http://www.ca.gov/About/Government/agencyindex.html
California State Bar Attorney Search (License Lookup)
http://members.calbar.ca.gov/search/member.aspx
California State Constitution
http://www.leginfo.ca.gov/const-toc.html