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Contracts- An Important Tool

Posted by Hundallegalgroup@gmail.com on February 28, 2016 at 3:25 PM

Importance of Contract Law


Contracts are an important aspect of our society. The United States and other countries rely on voluntary agreements by free exchange in the marketplace. Contract law protects individuals, groups, assets and services.


Contract Definition


A contract is a voluntary agreement made between two parties that constitutes a promise in exchange for a promise. Contracts are incredibly common in our day to day lives. For example, if you go to a grocery store, you promise to pay an amount in exchange for those groceries and the grocery store promises to give you possession of the groceries in exchange for payment at the time of purchase.


Problems


While most of these agreements are straightforward and done without a problem, problems can easily arise. Here is a simple example: If you go to purchase a bog of potatoes, and you offer to give me $5 for a bag of potatoes, and if I agree to accept it as payment in full for the potatoes, we have made an oral contract that we can perform immediately: You give me a $5 bill, and I give you the bag. As this example illustrates, we engage in contract agreements almost daily. But what if you discover that my potatoes were molding when you bought them, and you will not be able to use half of the potatoes in the bag? What if I take your $5 bill, but then refuse to give the bag of potatoes? What happens if your $5 bill turns out to be counterfeit? If you take the potatoes but refuse to pay, or pay with a check that you later cancel or that is returned unpaid by the bank? What if the bag rips while you are carrying it, and all the potatoes fall to the ground and are ruined? Thus, problems can and do often arise in even the simplest transactions.


Of course, you will not want a contract drafted for daily transactions, as the example illustrated above. However, other interactions require contract drafting. In more complicated exchanges, the possible difficulties are endless and sometimes difficult for the parties even to envision in the beginning.


These problems will result in high attorney’s fees and will be time consuming. To avoid these issues, it is necessary to have a proper contract drafted at the outset. Contact Hundal Legal Group LLP today to have a contract drafted for you. Our contract drafting prices are reasonable and will save you money in the long run, not to mention the headaches and worries of a possible breach by another party.


This information does not constitute legal advice or an attorney client relationship*

What Really Happens to Your Estate When You Expire

Posted by Hundallegalgroup@gmail.com on November 7, 2015 at 3:00 PM

DO IT YOURSELF WILL OR TRUST


If a deceased person completes a do it yourself will or trust that he/she finds on the internet during his/her lifetime, the surviving family members may encounter several problems. Generally, someone who decides to make their own will or trust will make several mistakes in drafting these documents that an attorney would not make. If the deceased did not draft or execute the will or trust correctly, it may not be admitted to probate. Instead, the deceased’s property will pass by intestacy. This means that his/her property will pass to the persons that state law determines. 


Having an attorney, although more expensive than creating your own will or trust, will ensure that the documents are drafted and executed properly. An attorney will deal with all areas dealt with the drafting of a will or trust. For instance, everything from having to prove to a Court that the will or trust was made with all legally required formalities, the tax implications of the deceased's estate, the properties that would go to minor children or any beneficiary who is needing or has government assistance (Medi-Cal, SSI, etc.).


DYING WITHOUT A WILL OR TRUST


Many people have a preconceived notion that their property automatically goes to their surviving spouse or children when they die. Although this may be true in many states, the implications and costs of probate are very high and the whole process takes a long time. Also, this allows the state to determine who will receive the deceased's property and what percentage each person will get. Dying without a will or trust also results in poor tax planning or no tax planning at all. It may also allow children who are very young and irresponsible to receive property. Even if a deceased's children are responsible, not having a will or trust may cause them additional problems with creditors when receiving the property.


Dying without a will or trust only causes problems for your family after you die. Part of being human means that you can die at any time. So, this is not something anyone should hold off on doing at a later age, especially if you have children.


HAVING SOMEONE WHO IS NOT AN ATTORNEY DRAFT YOUR WILL AKA PARALEGALS, DOCUMENT DRAFTERS, ETC.


Document drafters, Paralegals, etc all advertise lower prices in drafting wills and trusts. However, they are not attorneys! They do not have the same legal knowledge, education, or understanding of law as an actual attorney does. Attorney's have to go to law school and take the bar exam in order to practice law. This means, they will make the least mistakes in drafting your documents and will have your interests in mind when drafting your will or trust. Even if an attorney makes a mistake, the Professional Rules of Responsibility (the rules governing attorney ethics) may allow you to recover for an attorney's failure to carry out his or her services competently.


Furthermore, while non-attorney's may have enough knowledge to draft your will or trust, they often do not how to assist you with your general or estate taxes, illustrating your actual intention in your will or trust, and/or providing for your children or family members who have special needs or are minors. Although you may think you are saving money by hiring a non-attorney to draft your will or trust, you will lose more money in the long run because of the problems the poorly planned/written will or trust may cause.


MORAL OF THE STORY- HAVE AN ATTORNEY DRAFT YOUR WILL OR TRUST. Contact us today if you need legal assistance in drafting a will, trust, or any estate planning document.


This information does not constitute legal advice or create an attorney client relationship*

DUI's And The Rights You Never Knew You Had

Posted by Hundallegalgroup@gmail.com on August 23, 2015 at 12:00 AM

Finding yourself in a situation where you have been pulled over for suspicion of driving under the influence (DUI) can be a very frantic experience. Remaining calm and knowing what rights you have will assist in your DUI defense, helping to reduce or possibly dismiss your charge altogether. Below we will discuss what to do during a DUI stop and what your rights are.


1. Do Not Volunteer Information


You should never voluntarily provide information to an officer. People often believe that providing information to an officer will somehow get them on the officer’s good graces, and as a result somehow get out of the DUI. This will not be the case, and any information you voluntarily provide to the officer will be used against you.


When pulled over on suspicion of DUI, you are only legally required to provide identification, proof of insurance, and other documentation in California. You have the right to decline to answer any other questions the officer asks you without an attorney present. It is important to note that refusing to answer simple questions that an officer may ask you can lead to the officer finding you to be uncooperative. However, there is nothing illegal about doing so. Remember it is your right to answer or refuse to answer the officer’s questions, and a choice that only you must make.


2. Do Not Submit to a Field Sobriety Test


As long as you are older than 21 years of age, you should politely decline to take any field sobriety tests. These often include walking in a straight line and balancing on one leg in front of the officer. Field sobriety tests are voluntary. However, officers usually fail to inform a person of their right to refuse the test. Taking a field sobriety test will rarely actually help you, as the officer can still arrest you if he or she believes that you are under the influence and impaired to drive, regardless of if you submit to the test or not. Refusal to comply with these field sobriety tests cannot be used against you. However, if you fail the test, it may be used to arrest you. Thus, it usually does more harm than good for you.


3. Implied Consent to Take a Chemical Test


After an officer requests that you take a field sobriety test, the next step is for he or she to ask you to submit to a chemical test. There are three possible chemical tests administered in California. They are a breath, blood or urine test.


Can You Refuse a Preliminary Breath Test?


California’s “implied consent” law states that you consent to submitting to a preliminary roadside breath test (breathalyzer), even if you have not been arrested. The officer will use the results from this test to establish probable cause that you are under the influence and proceed to arrest you. You do not have to take a preliminary breath test when not under arrest. However, refusing to take the test will not likely work to your advantage if the officer has some other reason to think that you are under the influence (IE. Smelling alcohol on your breath and/or having blood shot eyes). If the officer proceeds to arrest you, then you legally must submit to a chemical test as described in the next paragraph.


Taking a Chemical Test Once Under Arrest


California law requires you to take a breath or blood test if you are arrested for a DUI. California’s “implied consent” law states that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence of alcohol or drugs, then you consent to taking a chemical test of you breath, blood or urine for the purpose of determining your blood alcohol content (BAC). The test must be taken at the time of arrest, and the officer must give you a choice between a breath or blood test.


What happens if I Refuse a Chemical Test When Under Arrest?


If you are arrested, you should be told by the officer that refusal of submitting to a chemical test will result in you being fined, your license suspended, and that you could be sent to jail if you are later convicted of a DUI. You do not have a right to speak to an attorney until after you have submitted or refused to submit to a chemical test.


In California, the penalties for refusing to take a blood, breath or urine test start with a one-year suspension of your license if this is your first refusal.


4. Be Cooperative When Taken into Custody


After you have been placed under arrest, you should be as cooperative as possible. This means that it is in your best interest to submit to a chemical test. Remember, that you have no right to an attorney until after you have submitted to or refused a chemical test.


5. Contact a Lawyer


You should contact a DUI attorney as soon as possible. At Hundal Legal Group LLP, we will advise you of your rights and responsibilities, prepare your defense and contest any license suspension with the DMV.


Contact us today if you have been arrested for DUI and need legal assistance to resolve your case. This information does not constitute legal advice or create an attorney client relationship*

Importance of Estate Planning- Why EVERYONE needs one.

Posted by Hundallegalgroup@gmail.com on July 30, 2015 at 6:05 PM

THE TOPIC OF DEATH :/

 

Generally, most people do not feel comfortable discussing the topic of death or incapacity. This is why the idea of estate planning is usually ignored by many. However, these are certainties of life and a person should not ignore making decisions for these events. The most important way to control and plan what happens to you, your loved ones, and your assets is through an estate plan. 

 

WHAT IS AN ESTATE PLAN?


An estate plan is a set of legal documents that helps you plan for problems arising upon death. It is not only used by wealthy people. An estate plan is equally as important for someone who does not have many assets. In the absence of an estate plan, you will have no control over anything. Instead, the court will make all decisions for you and your assets will be used to pay the costs of probate. Probate is the legal process that takes place after a person dies if they do not have a trust. Therefore, a properly-prepared estate plan will let each person decide for himself or herself the best choices for their own families. 


WHY IS AN ESTATE PLAN IMPORTANT? WHAT ARE SOME DOCUMENTS THAT GO INTO AN ESTATE PLAN?


An estate plan may be comprised of any documents that will help you plan for the future. Here are a few:


A Trust is a document that has one party hold property for the benefit of another . There are many types of trusts. You just have to meet with a lawyer and the lawyer can help you decide which type of trust is best for your needs. You can even make a trust giving property to a charity. If you have elderly parents, disabled children, or want to provide for the education of a child or relative, you can establish a special trust to fulfill those needs.


A Power of Attorney gives the person of your choice the legal right to manage your financial, health, and legal affairs in the event that you are unable to make such decisions because you become disabled or incapacitated because of age or health. Many people make a Power of Attorney for their children if they are unable to take care of them because they are out of the country or the parents cannot take care of the child. This is usually revocable.


A DNR (Do not resuscitate) form will help you when you are unable to tell your family or loved ones your decision about your death. More specifically, you will be able to control if they should take you off of life support or keep you on and for how long.


Also, you can plan how you would like your funeral arrangements to be. For example, the costs, whether you want an open casket, whether you want it to be private or public, the schedule of the function, or whether you want a funeral at all. You can decide whether you want a burial or cremation. It is understandable that you believe your family would fulfill your wishes, but by making an estate plan, you can control what will be done and the law will enforce it.


Furtthermore, every dollar your estate has to pay in estate or inheritance taxes is a dollar that your beneficiaries will not receive . A good estate plan can give the maximum allowed by law to your beneficiaries and the minimum to the government by reducing your taxes.


Basically, you can control everything and anything that happens during your lifetime and after your lifetime. A family member can always promise to fulfill your wishes, but your entire goal will be based on trust. Instead, you can have your documents concretely enforce your wishes through the law.


IF YOUR INTERESTED IN MAKING AN ESTATE PLAN OR HAVING ANY OF THESE DOCUMENTS DRAFTING, CALL OR CONTACT US TODAY!!


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