Divorce Is Not Any Easier After Trump’s Tax Cut

wedding cake split apart to show divorce and split of assetsThe following is a guest post from Ed Lyman, a trial and appellate attorney at Walzer Melcher LLP who handles complex dissolution of marriage and domestic partnerships for high net worth individuals.

Family law attorneys and accountants are struggling to grasp the impact of the GOP’s tax overhaul on divorces. The biggest changes that affect divorcées is the repeal of various deductions, the creation of new ones, large tax cuts for business entities, and eliminating many exemptions. These changes require special attention when calculating alimony, child support, and division of marital assets. Continue reading

Just Passing Through: New Deduction for Business Income Expires in 2026

pass through tax benefit dollarsUnder new IRC §199A, business entity owners may be able to deduct 20 percent of passthrough income. This tax boon, which is set to sunset after December 31, 2025, has many lawyers wondering whether they might personally benefit.

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Alas Poor Urick: SLAPP-stick Comedy Relieves Probate Court Drama

Updated 2/1/18: In Gaynor v Bulen (Jan. 23, 2018, D070907) 2018 Cal App Lexis 53, the court held that a petition alleging that trust assets were improperly used in probate litigation was not a cause of action arising from protected activity under the anti-SLAPP statute. Although the alleged breach of loyalty may have been carried out by the filing of probate petitions, the petitioning activity itself was not the basis of the claim.

Despite its name, a statute designed to deter strategic lawsuits against public participation (SLAPP) has been applied to a variety of private disputes, including probate proceedings, as a recent decision illustrates. Continue reading

New Year, New Laws for Real Property Lawyers

The California legislature has enacted several new laws that may affect your real property law practice. Here are some of the key statutory changes you need to know about. Continue reading

New Year, New Laws for Employment Lawyers

The California legislature has enacted several new laws that will affect employers and employment lawyers. Here are some of the key statutory changes you need to know about. Continue reading

New Year, New Laws for Business Lawyers

Were you able to keep track of the new legislative changes that affect California businesses and business lawyers? Don’t worry, we did and here are some of the key statutory changes you need to know about. Continue reading

New Year, New Laws for Civil Litigators

The California legislature has enacted several new laws that may affect your litigation practice. Here are some of the key statutory changes you need to know about. Continue reading

New Year, New Laws for Family Law Attorneys

The California legislature has enacted several new laws that may affect your family law practice. Here are some of the key statutory changes you need to know about. Continue reading

Is Your Website Accessible?

There’s no clear legal requirement yet, but disability-rights groups are increasingly targeting Internet sites for failure to accommodate individuals with disabilities, particularly with respect to vision and hearing impairments. Before you or your client come under fire, consider making some changes that will make your website more accessible now. Continue reading

Settlors and Shareholders: Who Has Standing to Sue for Elder Abuse?

The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welf & I C §§15600–15675) provides enhanced remedies for “financial abuse” that results in a loss of property of someone over age 65. This can get complicated because the property interests of elders may not be held in their own name; they often are held in a variety of ownership vehicles for estate planning or business reasons. This raises the question, may the elder sue under EADACPA for injury to those property interests? The answer is, it depends. Continue reading