What makes a will legally binding in California? Wills are legally binding if the following criteria are met: You must be of sound mind You must be acting of your own free will without undue influence or duress from others The will must be signed and witnessed according to the applicable laws of California By Sandra McCarthy|February 25th, 2021|Will FAQs|0 Comments Read More
When is a will sufficient for California estate planning? A will is sufficient if: The total value of your assets at the date of your death is less than $166,250, excluding any asset which has a beneficiary provision and any asset which is in joint tenancy (or other multiple tenancy). The value of your real property at the date of your death is less [...] By Sandra McCarthy|February 25th, 2021|Will FAQs|0 Comments Read More
What happens if I die without a will? If you die without a will you will not be able to choose who receives your assets. Instead, your closest relatives or heirs inherit your wealth according to intestate succession laws. Intestate succession laws control which surviving family members of the decedent inherit their assets after probate when the person did not leave a will. The statutory [...] By Sandra McCarthy|February 12th, 2021|Estate Planning FAQs, Will FAQs|0 Comments Read More
Why have a trust? The biggest benefit of having a trust is that it avoids probate. In California, estates with real property or estates valued over $166,250 usually have to be settled through some type of formal court probate process. This process is very costly and can take from 5 to 7 months to complete. With a trust, administration [...] By Sandra McCarthy|February 12th, 2021|Estate Planning FAQs, Living Trust FAQs|0 Comments Read More
Who needs an estate plan? You should have an estate plan if: You are the parent of a minor or disabled child. You have property that you care about. You care about your health care treatment. By Sandra McCarthy|February 11th, 2021|Estate Planning FAQs|0 Comments Read More
I cannot locate my spouse to serve divorce papers In order to complete the California divorce process, the other party must be provided legal notice of the divorce proceedings. This can be done by 1) voluntary acceptance of the documents, 2) personal service of the documents, or 3) legal publication. Using Investigator in California Divorce To Locate Spouse If you have filed a California divorce, cannot [...] By Sandra McCarthy|February 3rd, 2021|Divorce Column 1, Top Divorce FAQs, Divorce FAQs|Comments Off on I cannot locate my spouse to serve divorce papers Read More
What document is considered my divorce decree? When a California divorce Judgment has been entered, there are two important documents. Judgment (FL-180) Notice of Entry of Judgment (FL-190) The Judgment has the details of the division of assets, debts, child support, custody, visitation, etc. If the parties sign a Marital Settlement Agreement, that is typically attached to and is a part of [...] By Sandra McCarthy|February 2nd, 2021|Divorce FAQs, Divorce Column 1, Top Divorce FAQs|Comments Off on What document is considered my divorce decree? Read More
How long does it take to settle an uncontested divorce? Most uncontested divorces can be resolved within 2 to 7 months. California family law requires a six-month period from the time the respondent is served with the court summons and divorce papers to allow a divorce to be finalized. This means a judgment for divorce can be entered six months from the day the respondent [...] By Sandra McCarthy|January 30th, 2021|Divorce Column 1, Top Divorce FAQs, Divorce FAQs|Comments Off on How long does it take to settle an uncontested divorce? Read More
How soon can a Judgment of divorce be entered in California? Once you file the divorce petition and serve it on your spouse, the earliest effective date of termination of marital status will be six months and 1 day from the date your spouse was served the divorce papers. The actual Judgment can be entered prior to this termination date and can be submitted to the [...] By Sandra McCarthy|January 30th, 2021|Divorce Column 1, Top Divorce FAQs, Divorce FAQs|Comments Off on How soon can a Judgment of divorce be entered in California? Read More
What is an uncontested divorce? An uncontested divorce is when both parties agree to the settlement terms of the divorce. This means that the parties agree on the division of assets, debts, child custody and visitation, child support, retirement benefits, and alimony. An uncontested divorce means there no issues in disagreement between the parties that require the court to resolve. By Sandra McCarthy|January 29th, 2021|Divorce FAQs, Divorce Column 1, Top Divorce FAQs|Comments Off on What is an uncontested divorce? Read More