Collecting Out-of-State Judgments (Foreign Judgments) When you win a lawsuit, you have to enforce the judgment. This involves the process of collecting the money that has been awarded to you. What happens when you are trying to collect a judgment that was awarded by a court in another state? First, recognize that the out-of-state court will not collect the judgment [...] By Sandra McCarthy|July 9th, 2016|California Courts|6 Comments Read More
Handling Creditor Claims in Probate The Letters issued by the Court grant authority to the Personal Representative to administer a decedent's estate under the Independent Administration of Estates Act. The court can grant the representative Full or Limited Authority. This authority includes a wide range of rights and responsibilities, one of which is handling creditor claims in probate. How to [...] By Sandra McCarthy|July 8th, 2016|Probate|Comments Off on Handling Creditor Claims in Probate Read More
California Conservatorship For Developmentally Disabled A limited conservatorship for developmentally disabled individuals is when a judge appoints another person (conservator) to help a developmentally disabled adult (conservatee). The conservatee is a person who suffers from a developmental disability which, as a result, makes them unable to provide for some of their personal and/or financial needs. A person is deemed developmentally [...] By Sandra McCarthy|June 28th, 2016|Probate|Comments Off on California Conservatorship For Developmentally Disabled Read More
Powers of a Limited Conservatorship A limited conservatorship is a legal process when a judge orders a responsible person, also called a conservator, to care for an adult who has a developmental disability (conservatee). As an illustration, an adult who has a developmental disability means they suffer from a severe or chronic disability due to a mental illness or physical [...] By Sandra McCarthy|June 28th, 2016|Probate|Comments Off on Powers of a Limited Conservatorship Read More
Creative Solutions To Spousal Support in Divorce When a person files for divorce, spousal support (alimony) can be awarded by the to one party based on economic need or a marital settlement agreement. In essence, the purpose of spousal support is to make sure the lower-wage earning spouse or the non-wage earning spouse is fairly compensated upon the dissolution of marriage. Spousal [...] By Sandra McCarthy|June 17th, 2016|Family Law|Comments Off on Creative Solutions To Spousal Support in Divorce Read More
How to Remove a Corporate Officer A corporation is a business entity formed according to California state law. Furthermore, a corporation must be registered in California to be deemed an independent legal entity, which is wholly distinct from shareholders who own the company. To begin with, shareholders elect the board of directors according to the corporate bylaws. In turn, the board [...] By Sandra McCarthy|June 6th, 2016|Business|Comments Off on How to Remove a Corporate Officer Read More
CALPERS Pension Retirement Division in Divorce The California Public Employees Retirement System (CALPERS) provides lifetime monetary benefits to employees and their spouses. If you have filed for divorce, you may be wondering how you or your spouse’s CALPERS pension may be affected. Depending on your marital settlement agreement, you may receive up to half of your spouse's CALPERS retirement. Below is [...] By Sandra McCarthy|May 27th, 2016|Family Law|11 Comments Read More
Serving Unknown Tenants in Eviction is Critical Several issues may arise when evicting tenants in California. A critical issue involves serving unknown tenants in eviction unlawful detainer lawsuits. For example, it is common for tenants to sublease their apartment to co-tenants without the landlord’s permission. Sometimes other family members such as a mother-in-law or other relative move in with the tenant but [...] By Sandra McCarthy|May 27th, 2016|Estate Planning|5 Comments Read More
How to Divide a 401K in Divorce Retirement accounts have a great value during a divorce. These accounts exist in different forms. Most employers offer either a defined benefit plan or a defined contribution plan as a retirement benefit for their employees. An example of a retirement account is the 401K account. How to divide a 401K in divorce in California? With [...] By Sandra McCarthy|May 22nd, 2016|Family Law|Comments Off on How to Divide a 401K in Divorce Read More
How to Set Up a Special Needs Trust Parents with special needs children often worry about how to secure their child’s future upon their passing. Setting up a special needs trust as part of your estate planning will allow you to leave money or property to a loved one with a disability. A special needs trust, sometimes called a supplemental needs trust, is specially [...] By Sandra McCarthy|May 22nd, 2016|Estate Planning|5 Comments Read More