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Chauvel News

Thanks for visiting! Check back here often to hear the latest news about our firm. We’ll also update you on changes in the law, how the changes could affect you, and how we can help.

Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

Estate Planning:  September 20, 2017

Omitted Spouses and the Necessity of Proper Estate Plans

What are the consequences where a person executes a trust or will and subsequently marries but fails to revise the trust or will to include the spouse? Upon death, the California Probate Code gives an omitted spouse the right to claim a share in the decedent's estate. This means that if you had an estate plan prior to your marriage, you should revisit that plan to either disinherit your new spouse or revise the plan to provide for your new spouse. Otherwise, your surviving spouse will have the right to make a claim for his or her share of your estate.

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A properly drafted Owner Operator Agreement can literally save your business.  In Performance Team Freight Systems, Inc. v. Aleman, the California Court of Appeal enforced an arbitration clause included in an Owner Operator Independent Contractor Agreement required by a trucking company that served the ports of Long Beach and Los Angeles.

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Estate Planning:  September 8, 2017

Did You Know?

For most individuals in the bay area, complete estate planning requires a Trust, Will and Powers of Attorney for health care and property. A common misconception among many people is that estate planning is not necessary unless they have real property, “real money”, or children or that a Will alone will help one’s loved ones avoid probate. As a means to avoid probate, a complete evaluation of assets is necessary to determine if a Trust is needed. A will alone does not avoid probate! 

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Proud of our office manager and assistant Linda Taylor whose hometown volunteerism caught the attention of Belmont mayor! Kudos to her and a very Happy Birthday! 

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The news has been filled this week with the “firings” of employees across the country who participated in the ugly display of hate in Charlottesville, Virginia.   There is even a hashtag (#Charlottesville) created so that if you can identify a marcher, you can send in the names and profiles of the white supremacists who marched to be “outed” and ultimately terminated from his/her employment as one way of punishing their behavior.   Employers in California beware – if you terminate your employee based on their participation in political activity, as awful as it may be, you could be looking at a wrongful termination suit.

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