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Business Law The Law Office of Dean R. Broyles, APC has extensive experience providing legal advice to business on a wide range of legal matters. Dean Broyles has successfully formed many corporations and has provided ongoing business advice and assistance to growing companies like yours. Our firm is experienced with:
Our Experience: The Law Office of Dean R. Broyles, APC has successfully handled a wide range of corporate and business matters. If you are starting a new company, need legal business advice, or have a conflict you cannot resolve, please contact our office for a free initial consultation. Let my experienced and professional staff handle your case. Reasonable Fees: Incorporations are generally handled on a reasonable flat fee basis. All other business matters are billed at our very reasonable hourly rates. Let our office help facilitate your success! If you believe you need legal assistance or resources in one of the above listed areas, please submit a Request for Assistance by clicking here. Request Assistance Employment Litigation It is unfortunate that you may have had your legal rights violated by your employer. It is a sad fact of life that some employers choose to abuse their positions of authority. However, there are several laws that may protect you from an overbearing employer. The Law Office of Dean R. Broyles, APC has recovered hundreds of thousands of dollars in damages on behalf of employees who like you may have been victims of the bad acts of their employer. Let our experienced and professional staff handle your case. Our firm is experienced with:
If you feel you may have been legally harmed by your employer, please contact us for a free case evaluation. Most cases are handled on a contingency fee basis, which means if we do not recover money for you, there is no attorney's fee. If you believe you need legal assistance or resources in one of the above listed areas, please submit a Request for Assistance by clicking here. Request Assistance What is Estate Planning? Estate planning is the process of evaluating your present situation and planning for the future. It's a life long process that involves all of your assets and your plans for retirement, disability and death. Estate planning is necessary to make sure you and your beneficiaries get the most out of your estate. Just like everything else in life, planning now will save trouble later. When dealing with disability or death, the trouble saved will be to your spouse, children, friends and relatives. Do I Need a Will? A will is simply a document that follows certain legal guidelines and gives instructions to those who survive you regarding your estate. If you don't have a will, California law determines how your estate will be distributed whether you want it that way or not. For instance, your estate, under certain circumstances, could be distributed to an aunt or uncle or in extreme cases, the state of California (See Probate Code § 6400 - 6402.5) What is Probate? Probate is court supervision of the identification and distribution of a deceased person's estate. A personal representative known as an executor is appointed to do the leg work, the assets are identified and valued, the beneficiaries are notified and the court orders how the assets will be distributed, generally according to the terms of the will. This process can take up to nine months to complete. California law allows the executor to be paid a fee for these services. In addition, it the executor needs the assistance of an attorney, the attorney is also allowed a fee. The following is the fee schedule found in Probate Code § 10810. If both an executor and attorney are required, the fee is doubled. Size of Estate
Can I Avoid the Cost and Time of Probate? Generally, estates with a gross value of more than $100,000 are subject to probate. There are two common methods of avoiding probate. First, property can be held by the owners as joint tenants. Each joint tenant has equal, undivided share of the property and a right of survivorship. For instance, if a husband and wife own their home as joint tenants, each owns an undivided one-half of the home and if one of them dies, that person’s one-half will automatically pass to the other spouse. The second method is by creating a trust and giving the property to the trust. One of the most common types of trusts are “living” trusts, or trusts created during a person’s lifetime. What is a Living Trust? A living trust is a trust that is created by person (called a trustor) that owns some type of property who then gives that property to the representative of the trust (called a trustee). The terms of the trust spell out who gets to use the property, or who it is left to under certain circumstances (the beneficiaries), including the trustor's death. In a living trust, you can be the trustor, the trustee and the beneficiary. Living trusts are also revocable, which means you can change or end the trust during your lifetime. You establish the trust, appoint yourself as the trustee and use and enjoy your property during your lifetime. For all practical purposes, the trust is treated as a fictional entity during your life time. You file taxes for yourself and include income from the trust as if you earned yourself, and so on. After you die, the trust becomes irrevocable and is treated as a separate entity. Because the trust, not you, owns the property when you die, it's not a part of your estate and is not subject to probate. As a result, you save both time and money. Remember, the statutory fee for an executor a $100,000 estate is $4,000. That amount doubles to $8,000 if both an executor and attorney are needed. Can a Living Trust Help Me Reduce My Estate Taxes? Yes. The benefit of a living trust for smaller estates is avoiding the cost and time of probate. For moderate to larger sized estates, there are two devices that when used with a trust, can help you save estate taxes. Remember, every penny save is a penny more to be used as you direct in your trust. First is the marital deduction. A deceased spouse can pass an unlimited amount of his or her estate to the surviving spouse tax-free. However, the remainder of the surviving spouse's estate will be taxed on his or her death. The second device is each individual's estate tax exemption amount. This is an amount, $1,000,000 in 2002, which is exempt from estate taxes. Basic tax planning for a living trust works like this. If a husband and wife have an estate worth more than their combined exemption amounts, $2,500,000 for example, on the death of the first spouse, the estate would be divided into two trusts. An "A" trust for the surviving spouse, and a "B," or bypass trust, for the deceased spouse. The B trust is irrevocable and is funded with enough of the estate to take advantage of the deceased spouse's exemption amount. In our example, this would be $1,000,0000. The balance, $1,500,000, would pass to the surviving spouse. If the size of the surviving spouse's estate remained at $1,500,000, the remaining exemption would leave a taxable estate of only $500,000. If the first deceased spouse's estate had passed directly to the surviving spouse, and the surviving spouse's estate remained at the full $2,500,000, then $1,500,000 would be subject to taxes. A carefully drafted "A-B" trust can dramatically reduce estate taxes. If you believe you need legal assistance or resources in the listed area, please submit a Request for Assistance by clicking here. Request Assistance Have you or a loved one been injured by the negligence of a medical provider? Recent government studies confirm that tens of thousands of Americans are injured every year from the people they should be able to trust the most--their doctors and other healthcare professionals. Generally, malpractice is defined as medical treatment which is below the standard of care, which results in your injury. In order to recover for medical malpractice you must establish:
For example, our office recently settled a major case against the Naval Regional Medical Center (Balboa Hospital), in San Diego, California. Let my experienced and professional staff handle your case. Reasonable Fees: If you feel you or a loved one have been injured by the negligence of a doctor, hospital or other health care professional, please submit a Request for Assistance by clicking here. Request Assistance Most cases are handled on a contingency fee basis. This means, if we do not recover money for you, there is no attorney's fee you pay. Thousands of people are hurt every day by the negligence of others. Negligence is defined as the failure to use such care as a reasonably prudent person would use under similar circumstances. [Black's Law Dictionary, 6th Ed.] If you have been injured where someone else is at fault, you are legally entitled to monetary compensation. Our Office is experienced with:
If you have a valid claim, your damages may include lost wages, medical expenses, property damage and compensation for your pain and suffering. If you have been injured, your main focus should be on getting healed physically. The last thing you need is to hassle with insurance companies regarding whether the person who injured you is responsible for the accident or fighting over the appropriate damage award. Allow us to carry these burdens for you by expertly guiding your case through the legal process and fighting on your behalf to obtain the appropriate recovery. Let my experienced and professional staff handle your case. Reasonable Fees: If you feel you have been harmed by someone else's negligence, please submit a Request for Assistance by clicking here Request Assistance for a free initial case evaluation. Most cases are handled on a contingency fee basis. This means if we do not recover money for you, there is no attorney's fee. The Law Offices of Dean R. Broyles has extensive experience providing legal advice and assistance with a wide range of real estate matters. Our firm is experienced with:
Reasonable Fees: Real Estate matters are usually handled at our reasonable hourly rates. Let our office help facilitate your success! please submit a Request for Assistance by clicking here. Request Assistance Americans are blessed with a constitutional government of laws that protects important individual liberties. Although the Bill of Rights has been in existence for more than 200 years, unfortunately federal and state governments still have a tendency to overstep their bounds, often trampling on the rights of individuals. Attorney Dean Broyles has, for more than a decade, been active in vindicating the constitutional rights of individuals and groups. In early 2007, Dean was instrumental in founding The Western Center for Law & Policy (WCLP). The Western Center for Law & Policy is a non-profit 501(c)(3) legal defense organization dedicated to the protection and promotion of religious freedom, parental rights, and other civil liberties. The WCLP engages in constitutional litigation in state and federal courts and is also active in the area of public policy and education. The WCLP’s focus is in the following areas:
• Rights of Churches • Rights in the Work Place • Religious Land Use • Rights of Marriage and Family • Rights of Expression in the Public Square • Right of Equal Access for Individuals and Groups • Rights of the Unborn/Protection of Innocent Life We have a broad referral network and can help you find the right attorney in the following areas: Intellectual Property:
Immigration: For assistance in one or more of these areas, click here. Request Assistance
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NOT LEGAL ADVICE: This website is purely a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. This website is not intended be a source of advertising, solicitation, or legal advice, and the reader should not consider this information alone to constitute the formation of an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state. |