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Experienced Civil Litigation, Family Law, Divorce, Wills, Trusts, Estates And Probate Attorneys

Divorce and Family Law: Since 1984, the Law Offices of Grossman & Mahan has provided experienced legal representation in divorce, paternity, custody, support, guardianship and other family law cases, including the drafting and reviewing of prenuptial agreements. In addition to actual representation, the Law Offices of Grossman & Mahan offers expert mediation services in family law cases, and we can even provide law cost attorney assisted services in non complex divorce and related family law cases for those wishing to represent themselves. We offer a free initial consultation to answer all of your questions.

Wills, Trusts, Estates and Probate: The Law Offices of Grossman & Mahan provides experienced representation in probate and estate matters, including the preparation of wills, as well as living trusts to help you and your family avoid probate wherever possible. You are invited to take advantage of our free initial consultation to meet with us to discuss your estate plan, answer all of your questions, and determine whether a living trust is right for you.

Personal Injury Accident Cases: At the Law Offices of Grossman & Mahan, since 1984 we have represented and protected the rights of personal injury victims throughout Southern California in automobile accident cases, motorcycle cases, slip and falls and other personal injury cases. We have successfully recovered substantial settlements for personal injury victims, whether through litigation, mediation or arbitration. We zealously advocate for our personal injury clients and handle plaintiff’s personal injury cases on a contingency, “No Win, No Fees,” basis. Let our extensive experience and a proven record help you with your personal injury case. Call us to discuss your case and to schedule a free consultation with us.

Civil Litigation and Collection Cases: The Law Offices of Grossman & Mahan provides experienced representation in other civil cases including, real estate, and business litigation, and we specialize in collection cases, helping our clients collect on unpaid obligations and judgments.

“Experienced, quality legal services and representation, at reasonable fees.”

We know that you have a choice of attorneys in the area, and we appreciate your consideration. Our hope is that you’ll feel confident in our ability to meet all of your expectations and know that our clients are always our number one focus.

Trust, Wills And Probate Attorney

What is a Living Trust?
It is a written legal document that partially substitutes for a will. With a living trust, your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die. Your estate avoids probate. Most people name themselves as the trustee in charge of managing their trust’s assets. This way, even though your assets have been put into the trust, you can remain in control of your assets during your lifetime. You can also name a successor trustee (a person or an institution) who will manage the trusts’ assets if you ever become unable or unwilling to do so yourself.

The most common living trust is revocable. Such a trust may be amended or revoked at any time by the person or persons who created it (commonly known as the trustor(s), grantor(s) or settlors(s)) as long as he, she, or they are still competent.

Your living trust agreement:

  • Gives the trustee the legal right to manage and control the assets held in your trust.
  • Instructs the trustee to manage the trust’s assets for your benefit during your lifetime.
  • Names the beneficiaries (persons or charitable organizations) who are to receive your trust’s assets when you die.
  • Give the guidance and certain powers and authority to the trustee to manage and distribute your trust’s assets.

The trustee is a fiduciary, which means he or she holds a position of trust and confidence and is subject to strict responsibilities and very high standards. For example, the trustee cannot use your trust’s assets for his or her own personal use or benefit without your explicit permission. Instead, the trustee must hold trust assets solely for the benefit of the trust’s beneficiaries.

The Living Trust Services We Provide Include:

  • An analysis of your need for a trust.
  • The type of trust that best suits your needs.
  • Preparation of single living trusts and joint living trusts for married persons
    and domestic partners
  • Preparation of Pour-Over Wills
  • Preparation of Durable Powers of Attorney for Asset Management
  • Preparation of Advance Healthcare Directives
  • Preparation and recording of Trust Transfer Deeds

Is a new spouse or nonmarital partner’s income considered in child and spousal support?

Often, clients want to know whether the income of their new or subsequent spouse or nonmarital partner is considered by the courts in determining the amount of child support or spousal support that the client will have to pay. The general answer is that it is not considered. However, there are some exceptions, and the rules are different depending on whether the court is determining child support or spousal support.

Where the issue is child support, Family Code Section 4057.5 (a)(1) says that the income of the obligor (paying) parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner.

The code section goes on to state that such “extraordinary case” where the court may consider new spouse or nonmarital partner income includes a case where the parent voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse’s income. However, in the absence of such an extraordinary case, the court will not consider the income of a new spouse or nonmarital partner.

If the court did determine that there was an “extraordinary case” such that new spouse income should be considered, the Family Code section limits the discovery of that income to W2 and 1099 tax forms except where the court determines that application would be “unjust or inappropriate.”

Where the issue is spousal support, Family Code Section 4323 (b) clearly prohibits the consideration of the paying spouse’s new spouse or nonmarital partner income. The code section specifically provides that the income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.