Hudson & Luros, LLP

05/07/2025

Lately, we’ve had an abnormal number of probate cases, so we're posting this as a reminder that you can avoid the exorbitant cost of probate (see image below) if you plan your estate! Recently, we heard about a respected local family whose patriarch died without an estate plan, leaving the family confused and facing several hundred thousand dollars in probate fees.

Now that tax season is over, this might be the right time to consider whether you have an estate plan, and if you do, whether you need to make any changes. Estate planning isn’t just for the wealthy, it’s for anyone who cares about what happens to their assets and family. Take control of your legacy and gain peace of mind.

I’m happy to email you my flat-rate price list and a questionnaire to get started, and initial consultations are always free! Send me a message for more info. --Mary

02/25/2025

The Beneficial Ownership Information Reporting requirement is "back on." If you have an ownership or controlling interest in a legal entity (including an LLC or corporation), and haven't already filed a Beneficial Ownership Information Report, now's the time to do it! Many reporting companies have until March 21st to file, but please check with your legal professional for the deadline that applies to your company.

See: https://fincen.gov/boi for more information.

Disclaimer: This post does not create an attorney-client relationship with the reader. It contains a statement of opinion only, and nothing in the contents of this post or the firm's online content constitutes legal advice.

Beneficial ownership information reporting requirements are now back in effect, with a new deadline of March 21, 2025, for most companies. Prior to March 21, 2025, FinCEN will assess its options for further modifying deadlines. For more information, see our website https://fincen.gov/boi.

12/05/2024

A number of our clients have called and emailed us about the US Department of Treasury Financial Crimes Enforcement Network (FinCen), the Corporate Transparency Act (CTA), and the new requirement to file Beneficial Ownership Information Reports (BOIR) by the end of the year. Most small companies that have been in existence prior to January 1, 2024 have been notified by media outlets, legal advisors, and tax professionals that they may have to file BOIR reports by January 1, 2025. I have opined that I believe the CTA has a high likelihood of being overturned next year with the change of administration, but I also advise our firm's clients to comply with the law until such time as it is amended, rescinded, or ruled unconstitutional.

Just yesterday, Judge Amos Mazzant sitting in the Eastern District of Texas Texas issued a preliminary injunction in the Top Cop Shop, Inc., et al. v. Garland, et al. case enjoining enforcement of the CTA until further notice. The preliminary injunction could be dissolved, updated, or upheld, so please consult with your own legal professional about if and when you and/or your business needs to file a BOIR report.

* DISCLAIMER: This update contains a statement of opinion. It does not constitute legal advice, nor does it form an attorney-client relationship between our firm and any reader of the information contained within. *

On December 3, 2024, in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking enforcement of the Corporate Transparency Act (CTA).

08/23/2022

Both landlords and tenants often misunderstand the laws and rules in California concerning source of income discrimination. The fact that an applicant is a Section 8 voucher recipient cannot be used by the landlord to consider the tenant's ability to pay the full rent, nor can landlords create discriminatory application processes for voucher recipients.

Recently, Fair Housing Advocates of Northern California secured a six-figure settlement against a property owner and the management company who had required proof that a Section 8 voucher recipient could afford 2.5 times the monthly rent. This is a clear case of source of income-based housing discrimination, and it made sense that the parties settled the case before it went further.

Feel free to reach out to our firm if you have questions about how to comply with California's landlord tenant laws.

12/02/2021

Your next “friend” request may be from a debt collector…or may be a scammer impersonating one. The Consumer Finance Protection Bureau has released updated Fair Debt Collection Practices Act rules and regulations for the modern era, allowing communications with debtors by text, electronic message, and social media platforms on an “opt out” (as opposed to opt-in) basis. As always, be on the lookout for suspicious friend requests and messages.

Officials say the new rules are a necessary update to an outdated law, but consumer advocates worry that borrowers risk missing key information or falling prey to scammers.

11/01/2021

Today is the first day that landlords can file small claims actions for unpaid COVID-19 rental debt. Although specific court procedures for these cases are still being considered, one thing we know for sure is that the prior jurisdictional maximums ($5,000 for companies and $10,000 for individuals) will not apply to these cases. There are other requirements, so make sure to review applicable law and/or consult with your attorney.

05/12/2021

Did your household earn less than $198,000 last year? If so, and if you have a cable or cell phone bill you use to access the internet (which is almost everyone), the Federal government would like to give you $50/month for your bill and a one time payment of up to $100 for a new device. This $3.2bn benefit is part of the $900bn pandemic relief package passed last year. Click the link below to see if you qualify. Funding is limited, so act now.

The EBB Program is an FCC program that provides a temporary discount on monthly broadband bills for qualifying low-income households

04/29/2021

Attending Fair Housing Advocates of Northern California's 2021 (Virtual) Fair Housing Conference. Fair Housing isn't just good business and good policy...it's the law!

08/14/2020

After several months of deliberations, the Judicial Council of California voted 19-1 to modify the emergency rules of court prohibiting the issuance of summonses and default judgments in California unlawful detainer (eviction) cases. These emergency rules will now end at midnight on Tuesday, September 1st.

The legislature and/or Governor Newsom could still act before September 1st to introduce new laws governing unlawful detainer cases, but if this rule expires as amended, then local eviction restrictions would be the primary remaining impediment to having unlawful detainer cases heard.

We will stay tuned, and provide updates as we receive them.

1 million California renters lost work during the coronavirus outbreak

04/07/2020

As we suspected, almost all foreclosures and evictions are now suspended during the COVID-19 emergency, and for a period of 90 days after the Governor lifts the state of emergency. The only exception is where the eviction or foreclosure is necessary for reasons of public health, which I imagine will be a very high standard to meet for most landlords. Landlords who ignore these restrictions also run the risk of giving tenants affirmative claims for wrongful eviction, retaliation, and malicious prosecution.

We are seeing a lot of anxiety among landlords, property owners, and the business community, which is understandable. The economic impacts of this emergency are unknown, but they are already causing ripples throughout our state. Not every landlord is acting unscrupulously; this is an unstable time for everyone in our community. That being said, landlords should tread lightly and consult with legal counsel before they take any action to try to terminate a tenancy during the COVID-19 emergency.

Feel free to call our office if you have any questions about how the Judicial Council's latest emergency action affects you as a landlord or tenant.

Almost all California foreclosures and evictions have been put on hold for the foreseeable future.

03/27/2020

Effective immediately, and pursuant to Executive Order N-37-20, evictions due to non-payment of rent have been seriously curtailed, and will be delayed for many tenants throughout the State of California. The Governor's Office, in consultation with local and regional agencies and the private sector, has ordered that tenants will have 65 days to respond to any unlawful detainer complaint arising due to nonpayment of rent. Further, no writ of possession obtained in a "non-payment of rent" unlawful detainer case may be executed on by a sheriff prior to May 31, 2020.

Tenants will have to claim in writing within 7 days of the date the rent is due that their inability to pay rent is related to COVID-19. The executive order seems to imply that landlords can require the tenant to provide supporting documentation, which would be due no later than May 31, 2020.

What this does NOT say is that tenants do not have to pay rent. Tenants who can pay some or all of their rent still should; this is not a rent "holiday." The rent that becomes due during this emergency will still be due once the emergency is over. I encourage all landlords and tenants to work with each other to come up with a reasonable plan to get the rent paid.

If you have questions about your rental situation, whether you are a landlord or a tenant, feel free to call Hudson & Luros at 707-418-5118.