Frequently Asked Questions
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What happens if someone dies without a will?
If someone dies without a will, California laws called the rules of intestate succession apply. In California, the intestate succession rules provide that all of the estate goes to the surviving spouse, if there are no children (or grandchildren). If there is a surviving spouse and and one child, one-half goes to the spouse and one-half goes to the child. If there is more than one child, then 1/3 goes to the spouse and 2/3 goes to the children.
If there is no surviving wife or children, the estate goes to the mother and father. If they are deceased, then it goes to brothers and sisters and their descendants. For a full explanation of California intestacy laws, and how they might affect your situation, see an attorney experienced in wills and estates.
When do you have to probate a will?
If all of a decedent's assets were transferred to a trust, and nothing transfers by reason of his death, probate will not be necessary. Otherwise, if ownership of any of the decedentt's property passes by reason of his or her death, probate will probably be necessary, except under certain special circumstances. You should consult an attorney experienced in wills and estates.
What happens if we can't find the deceased's will?
If you cannot find the original will, the probate court will typically presume that the deceased destroyed it. You should note that it must be the original will; even copies are generally not good enough.
Under what conditions should I put my possessions in a trust?
Some people choose to place their possessions in a living trust in order to save their descendants the trouble of having to put the estate through probate after their death. This works, however, only if every asset is part of the trust. If not, those assets that are not part of the estate will generally have to be probated.
A trust can also be an estate-planning tool to help larger estates avoid or reduce estate taxes. The first spouse to die can transfer his or her estate to the surviving spouse without incurring estate taxes. The surviving spouse's estate, however, will pay estate taxes when he or she dies. By placing their assets in trusts, a married couple can avoid or reduce what their estate otherwise would have had to pay. Talk to an estate planning attorney to discuss whether a trust makes sense for you.
What privacy rights do I have in my computer at work?
An employee generally doesn't have any privacy rights in a workplace computer. The theory is that the employer has paid for the computer, has provided the network, has provided the office space you're working in, and is paying you to perform work. They have a right to monitor what you do on their computer while on their time.
Under what conditions may I sue my doctor for a misdiagnosis?
Generally, you can sue a medical provider for malpractice if the provider's care falls below the standard of care for that type of treatment. Since the appropriate standard of care can be identified only by others practicing in that field (except in situations where malpractice is obvious, even to the layperson), you can sue your doctor when you or your lawyer are able to find another doctor willing to state under oath that he or she believes that your doctor's care fell below the standard. Remember, however, that medicine is not an exact science. Some mistakes, including some misdiagnoses, may not be grounds for a lawsuit.
If I win my civil suit against police officers, will the officers lose their jobs or face discipline?
A civil suit does not result in discipline of a police officer. Discipline is imposed only by an internal administrative investigation. Police departments do not usually consider civil verdicts or settlements in deciding whether to conduct administrative investigations. The verdict itself has no effect on the result of an administrative disciplinary decision. However, in rare cases, internal investigations have found that officers who lied at their depositions for civil lawsuits should be fired for untruthfulness. You can read more about these rare cases at the bottom of our page about police misconduct.
If your goal is to see that a police officer is disciplined, you should file an internal administrative complaint with the police department. You can file an internal complaint and a civil suit at the same time but you should consult with your lawyer before you file the internal complaint.
When should I contact an attorney about police misconduct?
Right away. The first step in cases of police brutality is to act quickly.
Acting quickly allows your legal team to secure evidence before it is lost or destroyed. It allows you to locate and interview witnesses before they move or disappear. It allows you to meet all of the critical deadlines in your police brutality case.
If you believe that you have been victimized by the police, take action quickly so that your case may be heard.
If I sue a police officer, will other police officers retaliate against me?
Retaliation is rare, but it does happen. Police officers are more likely to be upset if you file an internal affairs complaint than if you file a civil suit because the internal complaint could cause the officer to lose his job. Police officers are, however, also likely to know that you filed a civil suit against a fellow police officer, so if you are not following the law, they are unlikely to give you a break. Some officers will investigate you to try to find violations of law. It is very important that you follow the law.
Is your firm anti-police?
Our firm is opposed to police brutality, not to police officers. We sue police officers for abusing their power. We are not opposed to police officers who follow the law. We have represented police officers and corrections officers in civil rights suits.
How much is my case worth?
We can't determine the value of your case until we collect a lot of information. We need to evaluate many factors, including medical evidence, police reports, the policies of the police department, and the credibility of witnesses. No lawyer can provide a fair opinion of the value of a case after one telephone consultation. The attitude of the police officer defendant can also be critical to determining the value of the case. Each case is different. In making a determination of what a case is worth, we consider both the chances of proving that the police officer violated the law and the extent of the harm you experienced as a result of the injury.
You may have seen cases in the news that appear similar to yours. Keep in mind that cases are in the news because the facts are unusual and often they are the most extreme cases of police misconduct. Thus the verdicts or settlements in these cases may not be the same as what you can expect from your case.
Ultimately, a jury will decide the amount of damages based on the evidence presented at a trial. Or, the defendants (or, in most cases, their employer or insurance company) may negotiate a settlement and we will work with the client to decide if the settlement amount is appropriate.
What is police brutality?
Police brutality is a common term used to describe what happens when an innocent citizen is hurt or killed during a police search, arrest, or other encounter. Federal law makes it illegal for a police officer to deprive you of any right guaranteed by the Constitution. The right at stake in most police brutality cases is the constitutional right to be free from the use of excessive force.
You have the constitutional right not to be subjected to unreasonable or excessive police violence. On the other hand, a law enforcement officer has the right to use reasonable force when performing their job.
Police brutality occurs when a cop crosses the line between reasonable and unreasonable force.
The use of unreasonable or deadly force is a violation of your constitutional civil rights. Determining whether a police officer's force toward you was excessively violent is the key issue in all police brutality cases.