Kramar Madnick represents companies large and small, as well as individuals, in all aspects of litigation. From pre-litigation through trial, mediation or arbitration. We act efficiently, creatively and strategically to represent our clients. We have experience handling the smallest cases to the most complex litigation, with excellent results. We are often called upon to obtain or defend extraordinary relief such as restraining orders, injunctions, receiverships, and attachments. Depending on your case, we can employ alternative fee arrangements to work with you on payment options.

We always communicate with our clients to make sure they are fully aware of the risks and benefits to their particular matter at every step of the litigation. We provide pre-litigation counseling to ensure that your case is presented in the strongest manner possible. Our experience in the courtroom and in the business world has taught us that each case and client are different, and that litigation objectives may change from one moment to the next. If the case requires proceeding through trial to a verdict, or beyond, rest assured that we will represent you every step of the way. We will constantly assess the opportunities to resolve your case on the terms most advantageous to you.

• Business litigation
• Employment litigation
• Health care payor and provider litigation
• Real estate litigation
• Partnership, corporate and limited liability company litigation
• Probate litigation
• Personal injury and other tort litigation

Handling Your Residential and Commercial Real Estate Needs

Whether you are buying a home, negotiating an office build-out or litigating an easement dispute, the attorneys at Kramar Madnick are available to help. Utilizing our extensive knowledge about property rights, real estate issues, finance and business, we stand by your side in all real estate issues, including:

• Residential home sales transactions
• Commercial property sales transactions
• Homeowners association matters
• Condominium law
• Commercial Landlord-tenant disputes including Unlawful Detainers and Evictions
• Foreclosures
• Real estate contracts
• Eminent domain
• Zoning, land use and building permits
• Boundary and easement disputes
• Title disputes

Real Estate Transactions

We understand that anxiety often accompanies the excitement of buying or selling your home or commercial property We will skillfully represent you from offer to sale and ease your concerns. We conduct smooth and precise transactions during all stages of home buying and selling:

• Drafting or review of your sales contract
• Negotiation of real estate agreements
• Review of your lending documents
• Title search and clearing
• Analysis of your deal and rectifying of potential problems
• Land-use, zoning and permitting resolution
• Real estate closing

Real Estate Litigation

When you face the stress of real estate litigation, having an attorney with substantial knowledge about property laws and civil litigation by your side can lighten the burden. Along with dynamic courtroom demeanor, we possess the specialized knowledge necessary to successfully litigate your real estate disputes.

Preserving Your Family’s Wealth for Future Generations

Whether you’re planning the parameters of your future medical care or establishing support for loved ones upon your death, we can help with all aspects of trusts and estates issues, including:

• Estate planning
• Estate tax issues
• Choosing the appropriate executor
• Guardianships
• Conservatorships
• Wills
• Powers of Attorney
• Property Transfers
• Special Needs Trusts

Securing Your Legacy

You work hard for your family, so knowing that you have planned for their long-term well-being and financial security can bring you comfort. We thoroughly analyze your estate and strategize the best means of transferring your assets, minimizing taxes, establishing guardianship for your children, caring for your pets, supporting personal philanthropic causes and protecting your loved ones.

Drafting Your Living Will/Health Care Directive

Your health care directive sets the parameters for medical intervention should you become incapacitated. This assures that when you are most vulnerable, your wishes will be honored.

Your Trust and Last Will

A will by itself is a means of directing how your estate is to be distributed upon your death. It is subject to court supervised administration known as Probate which can be a costly and lengthy process. One of the most common vehicles to avoid Probate is the revocable trust. Your trust gives you the opportunity to provide for the administration of your assets for your benefit when you are unable to do so, and upon your death to plan for tax consequences, establish care for your children and future generations and otherwise express your wishes and direct the distribution of your assets. A pour-over will is an important adjunct to an estate plan using a trust and acts as a second tier means of enforcing your testamentary intent.

We draft wills and many forms of trusts including revocable, irrevocable, insurance and special needs trusts.

Amending Your Trust and Will

As your life changes, so might your estate plan. You may need to update your trust and will throughout your life. We draft appropriate trust amendments and codicils to wills that address changes in your financial situation, marital status, number of children, philanthropic interests and general lifestyle decisions.

Appointment of Guardianship

If you have minor children, your will allows you to make decisions about who will care for them in the future. This is especially crucial if you are a single parent or if both parents die in a common incident. If you do not name a guardian, the court will appoint a guardian for your children and can make decisions adverse to your ultimate parenting goals.

Guiding you Through the Probate Process

Probate follows what is typically a painful emotional loss. We are knowledgeable and meticulous and have over 40 years of experience in probate law. Most executors and beneficiaries have rarely if ever probated a will and know little about the process. We can guide you through all aspects of probate, including:

• Initiating probate with the court
• Developing the best strategy for fairly and expeditiously probating the estate
• Finding and collecting assets
• Closing and opening bank accounts
• Transferring assets from the deceased to the estate
• Paying estate taxes
• Valuing, managing, preserving and liquidating the estate
• Locating beneficiaries
• Addressing the estate’s debts and creditors
• Hiring experts, when appropriate

Helping With Trust Administration

While the implementation of a trust helps to avoid the agonies of Probate, it also requires administration undertaken by the successor trustees subject to statutory requirements. We help to guide the trustee through those requirements and assist them in fulfilling their fiduciary duties.

Valuing and Managing the Estate

We assist both executors and trustees with the arduous process of collecting, managing, valuing, protecting and liquidating the assets of the estate. We have a team of experts available to assist in every aspect of estate probate. When appropriate, our firm calls upon accountants, financial advisors, real estate agents, property managers and other professionals to assist with executor duties. We can access expert opinions about unique assets such as antiques, rare books, automobiles and other collectables for accurate valuation, management and possible sale.

Probate Disputes

Even in apparently straightforward estate cases, there are sometimes disputes between beneficiaries of wills or trusts. Our professional courtroom presence can calm the emotionally charged process of dealing with a challenged will or trust. When it is in the best interests of our client to preserve cordial familial relationships, our attorneys are adept at mediating these disputes. When necessary, we assertively defend our client’s beneficiary rights within the California probate court.

Our attorneys

recognize the unique factors that come into play an any employment dispute and draw upon their unique business experience in negotiating and litigating fair resolutions on behalf of their clients.

We represent and counsel employers and employees in:

• -Wrongful termination
• -Discrimination and harassment
• -Retaliation
• -Wage and hour

We advise management and employees in employee and executive mobility including drafting agreements to separate employment.

We represent individuals in disputes with their business partners, as shareholders, members, officers and directors of corporations and limited liability companies.

Committed to Our Clients’ Best Interests

We understand that even the smartest and savviest entrepreneurs sometimes need a helping hand in managing their businesses. We provide transactional and litigation services for sole proprietorships, partnerships, limited liability companies and corporations looking to protect themselves from liability and expand their profit margins. We also assist individuals who are looking to start new businesses choose the proper corporate entity and tax structures that will allow their companies to grow and prosper.

For over 40 years, we have been committed to working together with our clients to address your legal needs, including:

• Business entity formation including fictitious businesses, corporations, partnerships, and limited liability companies
• Corporate restructuring
• Commercial litigation
• Partner, member and shareholder disputes
• Contract disputes
• Real estate
• Mergers and acquisitions
• Labor and employment issues
• Employee handbooks

Protectors of Your Financial Future