Joshua D. Brysk

Joshua D. Brysk advises clients on Business & Commercial Law, Debtor/Creditor, Estate Planning, Landlord/Tenant, Tax Law, and Wills, Trusts & Probate matters. He provides knowledgeable and skilled representation to clients in the East Bay and throughout Northern California.

With over 20 years of experience, Joshua is committed to providing unmatched personal attention and high quality legal advocacy. Helping clients avoid and solve their legal problems, Joshua's focus is always on achieving the best possible outcomes.

Outside of work, Joshua is a seasoned traveler. He has also enjoyed living and working in Australia and Israel.

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Arbitration & Mediation

Business Arbitration, Consumer Arbitration, Family Arbitration

Landlord Tenant

Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights

Tax Law

Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

• Debtor/Creditor

• Rates, Retainers and Additional Information
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California

Since 1996

U.S. District Court Central District of California

Since 2004

Managing Attorney

Cirrus Law PC

Current

University of San Diego School of Law

J.D. (1996)

University of California - Los Angeles

B.A. (1987)

California State Bar  # 184200

Member

1996 - Current

Q. Can a mother disinherit her children if she lacks capacity? Also, is a will a type of contract?

August 4, 2020

A: If he is deceased and she is still living; his will gave everything to her--it is now hers to do with as she pleases regardless of what he wanted. A will is a special sort of document called a testamentary instrument. It requires capacity, so cognitive issues raise questions about validity. However, the competency requirement for wills is a very low bar. Essentially, as long as she understands the document, what it does, who her heirs are at the time she signs it, then it will be upheld.

Q. I inherited property from my parents. Then put it in a living trust. Both on title. Is it my sole property still?

August 4, 2020

A: "I inherited property from my parents. Then put it in a living trust. Both on title. Is it my sole property still?" If the property went into your name alone when you inherited it, then it was your sole property. Transferring a property into a revocable living trust makes it legally owned by the trust; if it is a typical estate planning trust and you are the beneficiary while you are living, then it is still your "sole" property. However, you said "Both on title" and I cannot tell what that means in this situation. Consult an attorney and provide context for your question to get a more specific answer.

Q. 2 brothers own 50% each of home, 1 brother signs quitclaim deed to remove name, does this reassess the property in CA?

August 4, 2020

A: There is no exemption for a sibling to sibling transfer, so you might be facing an increase in property taxes. However, the history of the title (e.g. if one brother added the other) and whether there is a joint tenancy (right of survivorship) could affect the analysis. you should consult with a real estate attorney to get an answer to your specific case.