Notice Requirements in Probate In California, when probating a will, all interested parties must be notified. The notice requirements in probate vary from case to case but basically include all interested parties such as beneficiaries, heirs, and the estate’s creditors. In addition, special notice may be required to various governmental agencies such as the Department of Healthcare Services and [...] By Sandra McCarthy|December 29th, 2016|Probate|Comments Off on Notice Requirements in Probate Read More
Dividing Military Pensions in Divorce A military pension is a form of deferred compensation. Military service members receive a lifelong pension after completing 20 years of service. Service members' military pensions are valuable assets in a divorce. A military pension is divisible in a divorce so long as the court has jurisdiction over the proceeding. Read on to learn more [...] By Sandra McCarthy|December 10th, 2016|Family Law|Comments Off on Dividing Military Pensions in Divorce Read More
The Judgment Debtor Examination and Judgment Collection After a judge grants an order (also known as a judgment) for money damages, it is the creditor's responsibility to collect on it. When attempting to collect on an outstanding judgment, a creditor must follow certain procedures if they want to try and seize the judgment debtor's assets. Part of this process includes determining the [...] By Sandra McCarthy|December 4th, 2016|California Courts|Comments Off on The Judgment Debtor Examination and Judgment Collection Read More
How to File an Emergency Custody Motion Filing an emergency custody motion, also known as an ex parte motion, is common in family law cases. An emergency custody motion can help California residents get immediate legal relief regarding custody issues in divorce, legal separation and paternity cases. California Family Law Code section 3064 outlines the requirement of an emergency custody motion. [...] By Sandra McCarthy|December 4th, 2016|Family Law|24 Comments Read More
Probate an Estate with Lost Will 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 For example, if the will was revoked prior to the decedent’s death, and a new will did [...] By Sandra McCarthy|November 11th, 2016|Probate|Comments Off on Probate an Estate with Lost Will Read More
When a Minor Inherits Property in California Probate It is not uncommon for a minor to inherit property in California probate. Minors usually inherit property in probate when the decedent dies unexpectedly or when assets are not put into a trust properly. Under California law, when a minor inherits property or a large sum of money, an estate guardian must be appointed. Upon [...] By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning, Family Law|Comments Off on When a Minor Inherits Property in California Probate Read More
Reverse Mortgage and Probate in California Are you curious how a reverse mortgage is handled in probate? Do you know what a reverse mortgage is? Reverse mortgages are like traditional mortgages. If the homeowner dies, the reverse mortgage becomes due and payable in full. As a result, the estate beneficiaries must act promptly to pay off the loan amount to prevent [...] By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning|2 Comments Read More
When You Need a Pour-Over Will 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. By Sandra McCarthy|October 18th, 2016|Estate Planning, Personal|2 Comments Read More
Divorce Settlement Strategies in California Negotiating a divorce settlement is overly complicated at times. Couples tend to let emotions cloud their judgment and often end up unhappy with the results. Below are divorce settlement strategies you should consider using during negotiations with your spouse. Read on to learn more. Divorce Settlement Strategies For Spousal Support Negotiating spousal support is not always [...] By Sandra McCarthy|September 30th, 2016|Family Law|Comments Off on Divorce Settlement Strategies in California Read More
Benefits of Discovery in Divorce Cases Discovery is a great legal tool to use to find hidden assets in a divorce case. It should be noted, it is not uncommon for some spouses to hide assets before or during a divorce. In this regard, discovery in divorce can help you find these hidden assets that may be part of the community [...] By Sandra McCarthy|September 21st, 2016|Family Law|2 Comments Read More