How to Lodge a Will in California and File Probate By Sandra McCarthy|July 11th, 2018|Probate, Estate Planning| Most Executors have a hard time giving up possession of a decedent's original will. However, by law, the custodian of an original will must lodge the will with the Superior Court within 30 days of learning of the testator’s death. This is a statutory requirement under California Probate Code Section 8200. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion. Read More Comments Off on How to Lodge a Will in California and File Probate
Probating A Lost Will in California By Sandra McCarthy|May 26th, 2020|Probate| Probating an estate is complicated to begin with - but what happens when the original will has been lost or destroyed? Probating a lost will requires proving that the testator did not intend to revoke the will. Luckily, A People's Choice can help you complete and file the proper documentation for probating a lost or destroyed will. Read on to learn more. Read More 2
Dying Without a Will in California: How to Navigate the Probate Process By Sandra McCarthy|July 30th, 2020|Probate| Usually, the probate process utilizes a decedent's will to determine how the estate will be divided. However, when a will is missing, incomplete, or invalid, the court follows the California Intestate Succession Laws instead. Read on to learn more about how these laws work and how you can complete the process process without an attorney, even if you're missing a will! Read More 4
What are My Duties as Executor of a Will? By Sandra McCarthy|March 31st, 2020|Probate| In California, most people who put together an estate plan appoint someone as executor of their will. One of the main duties as executor of a will is to carry out the decedent's wishes after they die. If you are the executor of a will, your duties begin when you open the estate for probate with the court. They do not end until the estate settles and every beneficiary gets his or her share of the estate. California law acknowledges that being an executor of a will is a real job, so if you need help with the probate documents, rely on a professional. Contact A People’s Choice to help you prepare and file the forms for California probate. Read More 2
When You Need a Pour-Over Will By Sandra McCarthy|October 18th, 2016|Estate Planning, Personal| Most people create a revocable living trust to avoid probate. A pour-over will is also executed to allow any unknown assets outside the trust to pass through the pour-over will into the trust upon the testator's death. Trust property is then distributed to trust beneficiaries. Contact A People’s Choice for more information on how to prepare a pour-over will. Read More 2
Dying Without a Will in California By Sandra McCarthy|August 16th, 2020|Estate Planning| Dying without a will in California subjects your estate to California intestate succession laws. In other words, the court will distribute your property depending on your living relatives. For example, your assets may go to a spouse or your children. However, if you want your property distributed in a certain manner, contact A People's Choice today. We can help you prepare a will or other estate planning documents to protect your assets upon your death. Read More Comments Off on Dying Without a Will in California
The Downside of Holographic Wills in California By Sandra McCarthy|August 25th, 2020|Estate Planning| Holographic wills are estate planning documents that the testator writes and signs completely by hand. Furthermore, testators are not required to sign these documents in front of witnesses. As a result, probate courts often deem holographic wills invalid! That said, if you choose to create a holographic will, there are several elements you MUST include to ensure your estate is distributed according to your wishes. Read More Comments Off on The Downside of Holographic Wills in California
How a Fill-in-the-Blank Will Can Go Wrong By Sandra McCarthy|April 24th, 2020|Estate Planning| If you're considering creating a will with a DIY fill-in-the-blank service such as LegalZoom or Nolo, be sure to read up on the consequences beforehand. Unfortunately, wills created with these services often result in incorrectly distributed estates. Luckily, registered legal document assistants like A People's Choice are here to help. Read More Comments Off on How a Fill-in-the-Blank Will Can Go Wrong
California Wills By Sandra McCarthy|December 7th, 2015| California Wills What is a Will? A will is a legal document that is effective at your death. This document will name your executor who is the person who will handle your assets after your death. It also permits you to name beneficiaries, set up support trusts for minor children or other dependents, and [...] Read More 1
Last Will By vitalinbound|March 1st, 2021| California Last Will Estate Plan Choose who gets your property and who will care for your children Save up to $200 on document preparation with our will package. Your last will defines: Who receives your possessions when you pass away Who cares for your minor children if you are unable [...] Read More Comments Off on Last Will
How to Probate a Will Without a Lawyer in California By Sandra McCarthy|December 29th, 2020|Estate Planning| When a loved one passes away, you may face the overwhelming task of settling their estate. Unfortunately, for some people, juggling attorney fees on top of funeral costs and other expenses can make probate an impossible task. If this sounds like a familiar situation, you may want to look into how to probate a will without a lawyer. Read More Comments Off on How to Probate a Will Without a Lawyer in California
Will Package By vitalinbound|March 1st, 2021| California Estate Plan Will Package Create your will today Save up to $200 on document preparation with our will package. These three documents define: Who receives your possessions when you pass away Who cares for your minor children if you are unable to Your end-of-life decisions and who can speak [...] Read More Comments Off on Will Package
California Living Wills By Sandra McCarthy|December 7th, 2015| A Living Will vs Advance Healthcare Directive The Advance Healthcare Directive, and not a living will, is now the preferred and legally recognized document for end-of-life decisions by an individual who lives in California. Quick Start My Documents! A living will is a limited type of advance healthcare directive. A Living Will only identifies your decisions about specific life-sustaining procedures [...] Read More 0
How Often Should You Update Your Living Trust and Will – And Can You Do it Without a Lawyer? By Sandra McCarthy|August 13th, 2020|Estate Planning| Do you have to update your living trust and will? If so, how often, and under what circumstances? Read on to learn more about revising your living trust and will, and how you can do it WITHOUT hiring an attorney! Then, contact A People's Choice to inquire about our estate planning services. Read More 6
Does a Will Have to be Probated in California? By Sandra McCarthy|June 7th, 2015|Estate Planning| What Constitutes a Will? The contents of a typical will could include: *The deceased’s real estate holdings *Stocks and bonds *Cash or cash accounts *A life insurance policy *Pension benefits, death benefits *Personal belongings *Bank account funds or funds with any financial institution, and retirement accounts. Probate is legal term that refers [...] Read More Comments Off on Does a Will Have to be Probated in California?
What If the Executor Does Not Probate the Will in California? By Sandra McCarthy|August 9th, 2021|California Courts, Estate Planning, Probate| Most of us have no idea when we’re going to die. To live life to the fullest during the time they have, some people choose to spend their resources lavishly and give no thought to what will happen when they’re gone. However, the same thing cannot be said of examples of people who [...] Read More Comments Off on What If the Executor Does Not Probate the Will in California?
How to Write a Will Without a Lawyer: Complete DIY Guide By Sandra McCarthy|November 29th, 2023|Wills, Estate Planning| A will is more than just a legal document; it's a declaration of your intentions, a testament to your wishes, and a safeguard for your loved ones. With a will, you not only ensure financial stability for those left behind but also guarantee that your assets are distributed as you desire. According to the [...] Read More 0
How to Make a Will in California: Types & Requirements By Sandra McCarthy|June 2nd, 2014|Estate Planning, California Courts, Probate| One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will. Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having [...] Read More Comments Off on How to Make a Will in California: Types & Requirements
Probate an Estate with Lost Will By Sandra McCarthy|November 11th, 2016|Probate| If you have to probate an estate with lost will in California, it is not an easy task. If a will is lost, specific facts, circumstances, and state law will decide which family members inherit the decedent’s assets. For example, if the will was revoked prior to the decedent’s death, and a new will did [...] Read More Comments Off on Probate an Estate with Lost Will
Is a Californian Advance Health Care Directive Part of a Living Will? By Sandra McCarthy|June 27th, 2022|California Courts, Estate Planning| If you want to do some estate planning, where should you begin? For many, the first stop is probably healthcare. However, healthcare and legal terms can get confusing fast for laypeople. Two terms come up a lot during estate planning for medical care—"living will" and "advanced healthcare directive." Is a Californian Advance Health Care [...] Read More 0