California Attorney — Estate Planning, Real Estate, Business Law

Comprehensive legal counsel for California families, property owners, and business owners across the state. The Law Offices of Michael J. Holmes, PC provides California clients with experienced representation in estate planning, real estate, business law, and. Michael J. Holmes is licensed in California, Idaho, Texas, Washington, and North Carolina — a combination that uniquely suits California clients with property, family, or business interests in multiple states.

Southern California: (714) 464-5188 · Northern California: (707) 207-8005

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How We Serve California Clients

California’s legal environment is among the most complex in the country. Detailed property tax rules under Proposition 13, strict employment and contractor classification standards, robust tenant protections, and a powerful Department of Real Estate regulatory framework mean that California clients almost always benefit from counsel who knows the state-specific rules cold. At the same time, California’s position as the fifth-largest economy in the world creates an extraordinary volume of cross-border issues for clients whose families, properties, or businesses also touch other states.

Our four core practice areas in California are summarized below.

California Estate Planning

Revocable living trusts (essential in California to avoid the state’s notoriously slow and expensive probate process), pour-over wills, durable powers of attorney, advance health care directives, special needs trusts, gun trusts that comply with California’s strict firearms regulations, and probate and trust administration under the California Probate Code. California has no state estate tax, but federal estate tax planning matters for higher-net-worth clients.

California Real Estate

Commercial and residential real estate transactions, leases, purchase agreements, Proposition 13 reassessment analysis, parent-child exclusion (now restricted under Proposition 19), commercial development, lender representation, and 1031 tax-deferred exchanges. California uses escrow companies rather than closing attorneys for routine residential closings, but attorney involvement is critical in any commercial transaction and any residential matter involving title defects, disclosure disputes, or complex financing.

California Business Law

LLC and corporation formation under the California Corporations Code, S-Corporation tax elections, operating and shareholder agreements, AB 5 independent contractor analysis, and contract drafting. California is one of the few states where most employee non-compete agreements are unenforceable under Business & Professions Code § 16600 — protecting trade secrets in California requires different drafting strategies (NDAs, confidentiality provisions, customer non-solicits in narrow circumstances).

California

Divorce, community property division, spousal support under Family Code § 4320, child custody and the move-away framework under In re Marriage of LaMusga, prenuptial agreements under the California Premarital Agreement Act (including the seven-day rule for independent counsel review), and modifications of existing orders. California is a community property state with a mandatory six-month waiting period from service to judgment.

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Why Multi-State Counsel Matters in California

California is uniquely affected by cross-border legal questions. We frequently work with:

• California residents relocating to Idaho, Texas, Washington, or North Carolina who need their existing California estate plans, business entities, and prenuptial agreements re-evaluated for the destination state.
• Out-of-state clients purchasing California real estate or opening California offices, who must comply with California’s tax, employment, and regulatory regimes.
• California business owners expanding into lower-tax states while maintaining California operations.
• Families with California property and out-of-state heirs who need probate-avoidance planning that works across state lines.

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California Legal Landscape — Quick Reference

• No state estate tax (federal estate tax planning still important for higher-net-worth clients).
• Community property state. All property acquired during marriage is presumptively 50/50.
• Proposition 13 caps annual property tax increases at 2% absent a change of ownership; Proposition 19 (2021) substantially narrowed the parent-child reassessment exclusion.
• Most non-competes unenforceable under Business & Professions Code § 16600 (limited carve-outs for sale-of-business situations).
• AB 5 / ABC test governs independent contractor classification.
• Strict firearms regulations requiring California-specific gun trusts.
• Department of Real Estate regulates licensees and transactions.
• Mandatory six-month divorce waiting period from service to judgment.

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Our California Offices

We maintain a Southern California office serving Orange County, Los Angeles County, and surrounding areas, and a Northern California office serving the Bay Area and Sonoma County corridor. Both offices serve clients statewide.

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Schedule a California Consultation

Whether you are an existing California resident, an out-of-state client with California assets, or planning a move into or out of California, we can help. Initial consultations are confidential and obligation-free.

Southern California: (714) 464-5188
Northern California: (707) 207-8005

Our other offices:
Idaho (208) 696-2772 · Texas (469) 535-6260 · Washington (206) 279-4780 · North Carolina (919) 363-9945

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Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by visiting this page. You should consult with a qualified attorney regarding your particular circumstances before making any legal decisions.