No Contest Clause in California Wills A will is meant to be the last word on how one wants his or her property to be disposed of upon their death. However, it is often difficult to please everyone with the way the property is divided. There may be a person in the deceased’s will who feels he should have received more [...] By Sandra McCarthy|August 29th, 2014|Estate Planning|Comments Off on No Contest Clause in California Wills Read More
Who Can Contest a Will in California? You can contest a will in California based on the way it was created or executed, and based on the circumstances under which the will was made. In terms of legal formalities, wills are required to be signed by the person making the will, as well as two witnesses. In the case of a holographic [...] By Sandra McCarthy|August 8th, 2014|Estate Planning|6 Comments Read More
What is an S Corporation and How to Easily Create One in California The steps for starting an S corporation in California are pretty straightforward. You can start an S corporation by either creating a limited liability company (LLC) or just forming a corporation. The next step entails electing S corp status from the IRS. All this happens during your application for an employer identification number (EIN). [...] By Sandra McCarthy|July 25th, 2014|Business|Comments Off on What is an S Corporation and How to Easily Create One in California Read More
Conservatorships in California If you have an elderly family member, you may be concerned about his ability to care for himself as he gets older. California law allows an adult to apply or be appointed to take care of another adult who cannot care for himself through a legal process called conservatorship. The person taking care of the [...] By Sandra McCarthy|July 18th, 2014|Estate Planning|Comments Off on Conservatorships in California Read More
California Business Entities Starting a business can be an extremely rewarding venture for many people. In order to begin though, it is required that a future business owner choose between several different types of California business entities when setting up their business. Understanding Various Types of California Business Entities: When choosing to start a business in California, you can choose [...] By Sandra McCarthy|June 13th, 2014|Business|Comments Off on California Business Entities Read More
How to Make a Will in California: Types & Requirements 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 [...] By Sandra McCarthy|June 2nd, 2014|Estate Planning, California Courts, Probate|Comments Off on How to Make a Will in California: Types & Requirements Read More
How to File a California Spousal Property Petition A California spousal property petition can transfer community and separate property to a spouse after death. If assets are not in the name of both parties, the court may need to confirm a spouse's right to the decedent's interest. A California spousal property petition will establish this spousal interest. By Sandra McCarthy|April 19th, 2014|Probate, Estate Planning|Comments Off on How to File a California Spousal Property Petition Read More
California Stepparent Adoption – The Process & Forms Blended families are becoming more common throughout California. When two families come together or a new parent joins a family, the new parent may decide to adopt the children of the other parent to form a more cohesive family unit. Stepparent adoption is the legal process of a stepparent adopting their spouse's minor child. Becoming [...] By Sandra McCarthy|April 11th, 2014|Adoption|Comments Off on California Stepparent Adoption – The Process & Forms Read More
Publication of Name Change Not Required In Gender Related Proceedings In the past, publication of name change was typically required in California when seeking a formal change of name. California law was recently changed making publication no longer required when a person who lives in California seeks to have his or her name changed due to a change in their gender. In this particular instances, it [...] By Sandra McCarthy|February 18th, 2014|California Legal Documents|Comments Off on Publication of Name Change Not Required In Gender Related Proceedings Read More
Dismiss a Divorce in California After Entry of Final Judgment A client recently came into the office with a unique situation. They wanted to dismiss a divorce in California that has been filed March 3, 2012. All of the documents in the case were completed, including the processing of a Final Judgment of Dissolution on April 26, 2012. Can you dismiss a divorce in California After [...] By Sandra McCarthy|August 12th, 2013|Family Law|Comments Off on Dismiss a Divorce in California After Entry of Final Judgment Read More