RJM LAWYER 

Whether you're a landlord or a tenant, the truth of the matter is, EVICTIONS suck! UNLAWFUL DETAINER ACTION In California, the eviction process is referred to as an unlawful detainer action, or UDA for short. This is the process a landlord must take in order to lawfully retake possession of their property. Basically, the days when a landlord could change the locks or forcibly remove a tenant against their will, are long gone. Today, the law is clear. If you want a tenan

NOW, you might be too young, work too much, or just haven't had time to think about it, but there is something out there called "beneficiary designations" that you can use in lieu of a trust or will, and that will literally cost you nothing, other than half an hour of your time. Sound interesting? It should. Here's the breakdown: Beneficiary Designations go by many names: transfer on death (TOD), payable on death (POD), inheriting party, in trust for (ITF), etc. Whatev

PROBATE is long, costly, and sometimes, contentious. Further, and in certain circumstances, it cannot be avoided. But this article isn't about the horrors of probate, but instead, about the silver-lining that lives within the realm of probate, that most people are unaware of. The Spousal Property Petition: The spousal property petition is a legal process in California that allows surviving spouses or domestic partners to affirm or assume full ownership of certain property wit

Before I begin, I know I'm going to get FLAK for this blog. But that’s alright, as an attorney, getting flak comes with the job, and I'm good with that. Because at the end of the day, if some of you walk away from this blog a little more informed about PRENUPS, how they work, the likelihood you’ll ever need one, and whether they’re the right fit for you, well then I've done my job, and for me, that is the reward. Let me start by addressing the elephant in the room. YES, I un

"5-THINGS YOU DON'T WANT TO HEAR ABOUT ESTATE PLANNING" READER WARNING: IF YOU ARE EASILY OFFENDED, OPEN-MINDED BUT ONLY WHEN IT ALIGNS WITH YOUR OPINION, AN IDEOLOGUE BUT NOT A GOOD ONE, OR THINK BAMBI'S MOM (SPOILER ALERT) SHOULDN'T HAVE BEEN KILLED IN DISNEY'S CULT CLASSIC MOVIE ABOUT LOSS AND NEW BEGINNINGS, THEN YOU SHOULD STOP READING RIGHT NOW!......................................................... FOR EVERYONE ELSE, ENJOY! Foreword: As the title suggests, this BLOG

Is court a necessary evil? Maybe. But does that mean we have to like it?--Absolutely not! INTRO I have yet to meet someone that absolutely revels in the idea of a contentious no-holds-barred court battle! But Ruben, you're probably muttering, I've watched live court TV, read newspapers, and have even watched My Cousin Vinny (great movie by the way); I know to a mathematical certainty that lawyers love to argue and people are naturally litigious. Look, a broken clock is ri

Before we jump into the confusing and sometimes convoluted world of taxes, gains, and trusts; let's start with something easy, you know, like introducing ourselves. I'll start! My name is Ruben J. Martinez, and as many of you know I am RJM Lawyer. Practice wise, I do a lot of things, but mostly, I do estate planning. It's kind of my thing. Everything from the trendy living trust, to the refined family trust, to the special needs, medicaid protection, pets, and life insu

"If Government Benefits Matter, then you need a Special Needs Trust!" As parents-- The perpetual question we ask ourselves is, "when we die, will my children be okay?".... "will they be taken care of?"... and "if I die today, will I have planned for tomorrow?" Some of us mull over this more than others, but regardless, we all think about it. After all, it's kind of our job, right? Special Needs Trust Defined: A special needs trust is a type of trust designed for a person w

Foreword: Listen! In no way am I saying MOMz is the anti-Christ. I mean, she's not even religious...kidding,...LOVE you MOM, but seriously, you might want to SKIP this blog. xoxo ALRIGHT, now that we have that out the way, let's dive into today's BLOG. PERSONAL GUARDIANSHIP: How it Works and WHY you should have one if you have MINOR children So WHAT is a Personal Guardian anyway? A personal guardian is essentially an angel from heaven that for reasons unknown cares for

The throes of debt! "Debt is like a saddlebag, and you, the horse that's carrying the bag." -Anonymous AS of 2022, Americans have $986 billion in credit card debt. Nearly a trillion dollars. But what makes this number really STAGGERING is that in 1965, this number was ZERO. WHY?- Because there was no credit card, and Americans could only buy what they could afford. How's that for a novel idea? Fast-forward 56 years and we are now in the midst of a DEBT ARMAGED

For starters, let's be clear! In no conceivable way, am I knocking sole-proprietorships ("SP"). That's not what this is about. For a lot of people- a SP makes sense. But they do have their short-comings, particularly, when it comes to liability. So with this in mind, please do not take this blog personal, if say, you're a gun-toting SP person. Lawsuits: Should you worry? LISTEN! IF your business is completely off-grid, and you don't expose yourself to the outside worl

"You've done the work--now reap all, not just half, of the reward." A Limited Liability Company (LLC) is like the Cinderella of the corporate world. Unlike its bratty, sometimes stubborn, step-sister, the Corporation, it has humble beginnings and comes with user friendliness that makes it a popular option for all types of business owners. "Then what's the Problem?" An LLC's primary appeal is its limited liability. Within a world of ambulance chasers, slip and falls, and f

People, particularly young people, think about death about as much as they think about IRAs, 401k, life insurance,...well, you get the idea. Truth is, unless you're on your death bed, mortality is just one of those things, we as people don't spend a lot of time thinking about. For death- out of sight, out of mind, seems to be what we're comfortable with. LIVING TRUST vs. HAVING NO TRUST When you die, so do your assets. Or at least some of them. Without getting into legal

Have you ever imagined what your worse case trademark scenario would be? Maybe you've heard of horrors stories; or perhaps you have had the actual misfortune of experiencing it yourself: the shock, gut-punch, tangy realization that all your hard work, may have been in vain. Hopefully, this is just an over-dramatization; and that you haven't actually had to endure this existential hell-storm. But for my client--this was all too real. So real, that I earmarked it, "THE TR

DISCLAIMER: As always, my blogs are aimed at providing general information, not legal advice. Always consult an attorney when making a decision as to legal matters. Enjoy! You just stamped, sealed, and dropped your letter off into the mailbox. Truth be told, you're feeling pretty good about the fact that that two-face double-crossing, good-for-nothing contractor is finally getting what he deserves. A mouth full of yours truly, right? Gosh it feels good , and why not? Yo

The power of perception plays a vital role in our society, both personally and professionally. Just think, in the first few seconds of...