Our Mission

1. What does estate planning entail?
   Estate planning involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to protect your assets, ensure your wishes are carried out, and provide for your loved ones after you're gone.

2. Do I need an estate plan if I don't have a large estate?
   Yes, estate planning is essential for individuals of all income levels. It's not just about distributing assets; it's also about making decisions regarding healthcare, guardianship of minor children, and end-of-life care.

3. What are the benefits of having a trust?
   Trusts offer various benefits, including avoiding probate, providing privacy, minimizing estate taxes, protecting assets from creditors, and ensuring controlled distribution of assets according to your wishes.

4. How often should I update my estate plan?
   It's advisable to review your estate plan regularly, especially after major life events such as marriage, divorce, birth or adoption of a child, significant changes in assets, or changes in tax laws.

5. What happens if I die without an estate plan?
   If you pass away without an estate plan, your assets will be distributed according to state intestacy laws, which may not align with your wishes. It can also lead to disputes among family members and additional costs.

6. Can I make changes to my estate plan after it's been created?
   Yes, you can update your estate plan as needed. It's important to review it periodically and make changes if your circumstances or wishes change.

7. How much does estate planning cost?
   The cost of estate planning varies depending on the complexity of your situation and the services required. We offer transparent pricing and will discuss fees with you during your free initial consultation.

8. What sets Brentwood Law, P.C. apart from other estate planning firms?
   At Brentwood Law, P.C., we combine legal expertise with personalized attention to ensure that your estate plan reflects your unique needs and goals. We offer virtual and in-person meetings to prioritize client satisfaction and are dedicated to providing exceptional service and support throughout the process.

9. What is a living will, and how is it different from a standard will?
   A living will, also known as an advance healthcare directive, specifies your preferences for medical care if you are unable to make decisions yourself, whereas a standard will outlines the distribution of your assets after your death.

10. Do I need a power of attorney in my estate plan?
    Yes, a durable power of attorney is recommended to appoint someone you trust to manage your financial affairs if you become incapacitated.

11. What is probate, and why should I avoid it?
    Probate is the legal process of validating a will and distributing assets. It can be time-consuming, costly, and subject to public record. Trusts help avoid probate.

12. What’s the difference between a revocable and irrevocable trust?
    A revocable trust can be altered or revoked during your lifetime, while an irrevocable trust generally cannot be changed and offers more asset protection and tax benefits.

13. How can I ensure my children are protected in my estate plan?
    You can designate guardians for minor children and create trusts to manage their inheritance until they reach a certain age, ensuring their needs are met.

14. What tax advantages come with estate planning?
    Estate planning can help minimize federal and state estate taxes, gift taxes, and capital gains taxes through the use of trusts and other strategies.

15. Can a trust help protect my assets from creditors or lawsuits?
    Certain types of trusts, such as irrevocable trusts, can shield your assets from creditors and lawsuits, providing extra protection for your estate.

1. What is the average settlement for a personal injury case?

   • Settlement amounts vary greatly depending on the severity of the injury, the circumstances of the case, and other factors. On average, settlements can range from a few thousand dollars to hundreds of thousands, or more for serious injuries.

2. How long does a personal injury lawsuit take?

   • The timeline for a personal injury case can vary from a few months to several years. Factors like the complexity of the case, willingness to settle, and the court’s schedule all affect the length of the process.

3. Do I need a lawyer for a personal injury claim?

   • While you are not required to have a lawyer, having an experienced personal injury attorney can significantly improve your chances of receiving fair compensation. Insurance companies often offer lower settlements to individuals without legal representation.

4. What should I expect in a personal injury lawsuit?

   • You can expect to go through several steps, including filing a claim, negotiations with insurance companies, and possibly a trial. Your lawyer will handle gathering evidence, negotiating, and representing you in court if necessary.

5. How are personal injury settlements paid out?

   • Settlements are usually paid in a lump sum, though in some cases, they can be structured into periodic payments over time, depending on the agreement between both parties.

6. How much do personal injury lawyers charge?

   • Most personal injury lawyers work on a contingency fee basis, typically taking around 33% of the settlement or award. This means they only get paid if you win your case.

7. Can you sue for pain and suffering?

   • Yes, you can include pain and suffering as part of your claim. It covers the emotional and physical distress caused by the injury and its impact on your daily life.

8. What happens if you lose a personal injury case?

   • If you lose, you won’t owe your attorney any fees under a contingency fee arrangement, though you may still be responsible for certain court costs or expenses depending on the agreement with your lawyer.

9. How is personal injury compensation calculated?

   • Compensation is calculated based on several factors, including medical expenses, lost wages, future earning potential, pain and suffering, and other damages related to the injury.

10. What is the statute of limitations for personal injury?

• The statute of limitations varies by state but is generally between 1 to 3 years from the date of the injury. If you do not file within this time, you may lose your right to compensation.

11. How long do I have to go to the doctor after an accident?

• It's best to seek medical attention immediately after an accident, even if you feel fine. Some injuries take time to appear, and timely medical documentation is critical for your claim.

12. Can I sue someone personally if they have insurance?

• Yes, you can sue an individual even if they have insurance, though their insurance will typically cover the damages. If their policy doesn’t cover the full amount, you can sue for the remaining balance.

13. What if my injury was caused at work—can I file a personal injury claim?

• Injuries sustained at work typically fall under workers' compensation, but in some cases, you can file a personal injury claim, especially if a third party was responsible for your injury.

14. What’s the difference between a settlement and a verdict?

• A settlement is an agreement reached between the parties before a case goes to trial, while a verdict is a decision made by a judge or jury after a trial.

15. Can I settle a personal injury claim without going to court?

• Yes, most personal injury cases settle out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your lawyer may recommend going to trial.

Contract Creation FAQs

1. What is a legally binding contract in California?

   • In California, a legally binding contract requires an offer, acceptance, consideration (something of value exchanged), and mutual consent. It must also meet specific legal requirements, such as being in writing for certain types of agreements.

2. Are verbal contracts enforceable in California?

   • Verbal contracts can be enforceable in California, but they are harder to prove. Written contracts are generally preferred because they provide clear evidence of the terms agreed upon.

3. What is the statute of limitations for contract disputes in California?

   • The statute of limitations for written contracts in California is four years from the date of the breach. For oral contracts, it is two years.

4. Can California contracts include arbitration clauses?

   • Yes, California contracts can include arbitration clauses, which require disputes to be resolved through arbitration rather than litigation. However, the clause must be clearly stated and agreed upon by all parties.

5. Do I need a lawyer to review a contract in California?

   • While not mandatory, having a lawyer review or draft a contract in California is highly recommended to ensure that it complies with state laws and adequately protects your interests.

Employment Law FAQs

1. What are California’s wage and hour laws?

   • California’s wage and hour laws require employers to pay at least the minimum wage, provide overtime pay for hours worked over 8 in a day or 40 in a week, and offer meal and rest breaks.

2. What is the California Family Rights Act (CFRA)?

   • The CFRA allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, such as the birth of a child or a serious health condition.

3. Can I be terminated for reporting illegal activities in California?

   • California is an “at-will” employment state, but you cannot be terminated for reporting illegal activities, known as “whistleblowing,” or for exercising your legal rights.

4. What are my rights if I’m wrongfully terminated in California?

   • If you believe you were wrongfully terminated, you may have the right to seek damages for lost wages, emotional distress, and other related losses. Consulting a lawyer can help determine the best course of action.

5. Are non-compete agreements enforceable in California?

   • Non-compete agreements are generally unenforceable in California, except in specific circumstances, such as the sale of a business. However, other restrictive covenants may be enforceable if they are reasonable and necessary to protect legitimate business interests.

Landlord-Tenant Dispute FAQs

1. What are California’s notice requirements for ending a lease?

   • In California, landlords must provide a 30-day notice for tenants who have lived in the unit for less than a year and a 60-day notice for tenants who have lived in the unit for more than a year.

2. Can a landlord enter my rental property without notice in California?

   • No, in California, landlords must provide at least 24 hours’ notice before entering a rental property, except in emergencies or when the tenant has given permission.

3. What is the process for handling security deposit disputes in California?

   • Landlords must return the security deposit within 21 days of the tenant moving out, along with an itemized list of any deductions. If there is a dispute, tenants can file a claim in small claims court.

4. What are the eviction rules in California?

   • California requires landlords to follow legal procedures for eviction, including providing proper notice and, in most cases, obtaining a court order. Self-help evictions, such as changing locks or removing tenants’ belongings, are illegal.

5. Can a tenant withhold rent for repairs in California?

   • Tenants can withhold rent if the landlord fails to make necessary repairs after being given proper notice. However, it is recommended to follow legal procedures and consult a lawyer to avoid potential legal issues.

1. Why is it important to protect my home and assets with a comprehensive estate plan, and how does LegalZoom compare?

Your home and assets represent years of hard work and dedication. Using LegalZoom or similar online services may offer a more cost-effective solution, but it lacks the depth of personalized attention that an experienced attorney provides. 

2. How does the lack of personalization with LegalZoom affect my estate plan compared to working with an attorney?

LegalZoom provides standardized templates that may not fully address your unique circumstances and goals. In contrast, working with an attorney ensures that your estate plan is personalized to reflect your specific needs and preferences. An attorney can offer tailored advice and create a plan that considers all relevant factors in your individual situation.

3. Why is estate planning considered a complex legal matter, and how does LegalZoom handle this compared to a professional attorney?

Estate planning involves intricate legal concepts and regulations. LegalZoom’s automated service may not fully capture these nuances, potentially leaving gaps in your plan. An experienced attorney provides personalized attention and expert advice, ensuring that all legal complexities are addressed and that your plan complies with current laws and regulations.

4. What are the limitations of support provided by LegalZoom, and how does it compare to working with a lawyer?

LegalZoom offers limited support through general guidance and online resources, which may not be sufficient for complex legal issues. Working with a lawyer provides direct, personalized support and advice throughout the estate planning process, ensuring that all your questions are answered and your plan is executed effectively.

5. What risks are associated with using LegalZoom’s generic templates, and why is working with an attorney safer?

Using LegalZoom’s generic templates increases the risk of overlooking crucial details or making errors that could compromise your estate plan. An attorney ensures that every aspect of your plan is carefully considered and customized, reducing the risk of mistakes and providing a thorough review to safeguard your estate's effectiveness.

6. How do long-term implications impact my estate planning decisions, and how does an attorney’s role differ from LegalZoom’s?

Estate planning decisions have significant long-term consequences for you and your loved ones. LegalZoom may offer a basic, one-size-fits-all approach, which may not fully address the long-term implications of your decisions. An attorney provides a comprehensive, tailored plan that ensures your wishes are accurately reflected and legally protected, considering the future impact on your family and assets.