Estate planning is the process of arranging for the management and transfer of a person’s assets, liabilities, and personal wishes during their lifetime, in the event of incapacitation, and after death. It involves creating legal documents—such as wills, trusts, and powers of attorney—to protect family members, minimize taxes, and avoid probate. The key components of an estate plan are unique to each individual or family but commonly include:
Will: A legal document specifying how assets are distributed and appointing guardians for minor children.
Trust (Revocable or Irrevocable): A legal arrangement holding assets on behalf of beneficiaries, often used to avoid probate.
Durable Power of Attorney: Designates a person to manage financial affairs if you become incapacitated.
Advance Healthcare Directive (Living Will): Outlines medical treatment preferences and appoints someone to make health decisions.
Beneficiary Designations: Directs assets like life insurance and retirement accounts to chosen beneficiaries.
Appellate law focuses on reviewing the case after it has been decided in the trial court, either a Superior Court in California or the United States District Court. Appellate courts do not re-try your case, but assess whether the trial court committed error in handling the case. The appellate courts in California are the Courts of Appeal and the California Supreme Court. At the federal level in California, the appellate courts are the United States Court of Appeal for the Ninth Circuit and the Supreme Court of the United States. Robert Lucas Law is admitted to and has appeared in all these courts.
A writ requests a higher court, at its discretion, to direct a lower court or a government official to take some kind of action. In a trial, a party may usually appeal a case only once, but can file multiple writs while the case is in the trial court to ask a trial court to correct an error before the case is over.
Writs also include administrative writs that ask a court to review the final decision of an administrative agency such as a local public agency, board or commission.
Most writs require advanced legal knowledge and involve detailed procedures. Robert Lucas Law has prepared and handled numerous traditional and administrative writs.
Most civil actions involve several pre-trial motions. Motions range from seeking preliminary injunctive relief to requesting discovery sanctions to requesting dismissal or summary judgment to asking the the trail court to reverse a judgment. Many civil cases are decided on the merits by motions rather than by trial.
While some motions are handled orally, most involve briefing, which includes requesting the court for a hearing date, preparing written papers setting forth the facts, law and order requested, and attending oral argument. Robert Lucas Law can associate into the case handled by your trial counsel to prepare and oppose any motion.