California Attorney – Estate Planning, Real Estate, Business Law

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

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.

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.

 

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.

 

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.

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

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.

Our Practice Areas in California

 

 

California Cities and Regions We Serve

Our California practice covers the entire state, with concentrations in the major metropolitan and economic regions:

  • Southern California — Los Angeles, San Diego, Orange County, Riverside, and the Inland Empire — the largest concentration of our California client base, including entertainment industry professionals, technology executives, and second-generation business owners.
  • San Francisco Bay Area — San Francisco, San Jose, Oakland, the Peninsula, and Silicon Valley — technology and venture capital professionals with equity compensation and Proposition 13 reassessment planning issues.
  • Sacramento and Central Valley — Sacramento, Stockton, Fresno, and the agricultural Central Valley — agricultural producers, food processors, and state government professionals.
  • North Bay and Wine Country — Napa, Sonoma, and Marin — vineyard and winery owners, hospitality industry clients, and high-net-worth families with complex multi-state holdings.

What Sets California Apart

California is a community-property state (Family Code §§ 760-761). It imposes its own income tax with no community-property workaround for federal-state mismatches, and through Proposition 19 has tightened the parent-to-child property-tax reassessment exclusion in ways that materially affect intergenerational real estate planning. California recognizes revocable transfer-on-death deeds for real property (Probate Code §§ 5600-5696) and has a robust statutory probate threshold (currently set under Probate Code § 13100 et seq.) below which small-estate procedures may be used. For business law, California prohibits most employee non-competes outside the sale-of-business context (Business and Professions Code § 16600), and it imposes strict independent-contractor classification standards under AB 5 / Labor Code § 2775 (the ABC test from Dynamex).

Cities and Regions Served in California

The firm represents clients across California, with concentrations in the Bay Area (San Francisco, Oakland, San Jose, Palo Alto), Sacramento and the Central Valley (Sacramento, Stockton, Modesto, Fresno), Southern California (Los Angeles, Long Beach, San Diego, Orange County), the Central Coast (Monterey, Santa Barbara, San Luis Obispo), and the High Desert (Bakersfield, Lancaster, Victorville). Probate, conservatorship, and trust matters file in the Superior Court of the county where the decedent resided or the trust is administered. Out-of-state Michael J. Holmes coordinates closely with local process servers and court runners where in-person filings are still required.

Schedule a Consultation

To schedule a confidential consultation on a California matter, call (888) 922-7478 or use the contact form. Responses within one business day.