Simi Valley Legal Assistance By Sandra McCarthy|May 29th, 2014| Legal Document Assistance, Simi Valley | A People's Choice A People's choice is here to make legal documents fast, easy and hassle-free. Many routine legal proceedings do not require an attorney. Our office provides an inexpensive way for you to get the legal document preparation services you need at a cost [...] Read More 0
Advance Healthcare Directive By vitalinbound|March 1st, 2021| California Advance Healthcare Directive Create your advance healthcare directive today State your desires about your healthcare in any situation in which you are unable to make your own decisions and choose who may speak on your behalf. The agent you name in your healthcare directive has the power to: Give [...] Read More Comments Off on Advance Healthcare Directive
Common Law Marriage In California? Here are the Facts (and Myths) By Sandra McCarthy|April 17th, 2016|Estate Planning| Are you an unmarried couple in California seeking to coexist without a formal marriage? Or maybe you moved into California recently from a state that recognizes common law marriage, and you’re wondering if you will still enjoy the same rights and responsibilities of common law marriage in California. Common law marriage in California ended [...] Read More 22
Joint Child Custody Tips and Solutions By Sandra McCarthy|September 2nd, 2017|Family Law| When exploring joint child custody solutions, there are many joint child custody options a couple can consider. First, California custody orders include both legal and physical custody. Legal custody refers to the decisions a parent makes about their child’s schooling, religious activities, and medical treatment. Physical custody refers to which parent the child resides with [...] Read More Comments Off on Joint Child Custody Tips and Solutions
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
Ex Parte Motions in Divorce and When to File Them By Sandra McCarthy|December 29th, 2018|Family Law| When divorcing spouses get upset, it can be tempting to file an ex parte motion. An ex parte motion literally means a motion where only one party of the case is present. Because the motions are decided quickly, without giving the other party time to prepare an opposition or explain their side, ex parte motions in divorce are only to be used in an emergency situation. Read More Comments Off on Ex Parte Motions in Divorce and When to File Them
Creative Ways to Divide Property in Divorce By Sandra McCarthy|January 1st, 2019|Family Law| When a couple files for divorce, one thing that is inevitable is dividing their property. In California, the rule is that all community property assets (any income and assets acquired during the marriage) must be split 50/50. A couple could sell all of the marital assets and split the proceeds if they would like, but there are more creative ways to divide property in divorce. Sometimes a couple just needs to think outside the box. Read More Comments Off on Creative Ways to Divide Property in Divorce
Conservatorship For Someone With Dementia By Sandra McCarthy|April 28th, 2019|Probate| Are you trying to get a conservatorship for someone with dementia? Nearly 50% of people over the age of 85 suffer from some form of dementia. Dementia can become severe and result in a person being unable to care for themselves. Unfortunately, when a person with dementia loses the ability to care for him/herself, a family member or some other person may need to intervene and set up a guardianship or conservatorship. If you have a family member suffering from dementia, here is some important information you need to know. Read More Comments Off on Conservatorship For Someone With Dementia
Special Needs Trust and California ABLE Accounts for People with Disabilities By Sandra McCarthy|June 1st, 2019|Estate Planning| In order for a disabled person to receive disability benefits, such as Supplemental Security Income (SSI) and Medicaid, he/she must demonstrate that he/she needs the income to live independently. Any assets, even gifts from family members, may be counted against him/her, and could reduce his/her benefits. There are two ways that family members can contribute to a disabled person without those contributions affecting their benefits- special needs trusts and California ABLE accounts. Read More Comments Off on Special Needs Trust and California ABLE Accounts for People with Disabilities
What Happens to Jointly Owned Property When an Owner Dies? By Sandra McCarthy|July 29th, 2019|Estate Planning| Owning property together is just one of the ties that can connect family members. Often through inheritance family members suddenly have to deal with the unexpected consequences of jointly owned property. It is important to understand how real property title can affect who receives the property when an owner dies. Read More Comments Off on What Happens to Jointly Owned Property When an Owner Dies?
California Living Trust Checklist By Sandra McCarthy|March 4th, 2021|Estate Planning| With our living trust preparation checklist, a DIY trust is possible! Plus, by working with a registered legal document assistant such as A People's Choice, you can avoid high attorney's fees for help drafting your trust. Read on for our complete California living trust checklist and to learn more about the necessary actions that come along with writing a trust. Read More 6
What Is Conservatorship Abuse? By Sandra McCarthy|March 9th, 2022|California Courts, Probate| In recent years, cases of conservatorship abuse have captured the public eye. Although conservatorship mostly applies to the elderly, any incapacitated individual above 18 years can end up in a conservatorship arrangement. And with more attention on conservatorships in general, many people worry about conservatorship abuse. If a conservator financially or physically abuses a conservatee, [...] Read More 0
Our Legal Document Services By Sandra McCarthy|May 1st, 2014| Our California Legal Document Services A People’s Choice is one of California’s leading Registered Legal Document Assistant Services. Our services are specially designed for people who find themselves dealing with California courts or California legal issues and are seeking inexpensive, low-cost or cheap options for professional self-help legal document preparation service and guidance. [...] Read More 0
How to Set Up a Special Needs Trust By Sandra McCarthy|May 22nd, 2016|Estate Planning| 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 [...] Read More 5
Adopting an Adult in California By Sandra McCarthy|March 25th, 2017|Adoption| We often receive calls from people inquiring about adopting an adult in California. Believe it or not, it is fairly common for an older adult to adopt a younger adult in California. Doing so creates a legal parent-child relationship. Adult adoption helps simplify complicated estate planning issues. For example, a party can make sure his/her [...] Read More Comments Off on Adopting an Adult in California
How to Transfer Real Property Title By Sandra McCarthy|June 11th, 2017|Estate Planning| Contrary to popular belief, you do not need to hire an attorney to transfer real property title in California. In earlier days, title companies were able to prepare the necessary documents to transfer real property title. Nowadays, title companies no longer offer this service and often refer people to A People's Choice for this routine [...] Read More Comments Off on How to Transfer Real Property Title
How to Get a California Ex Parte Child Custody Order By Sandra McCarthy|December 4th, 2017|Family Law| The purpose of requesting a California ex parte child custody order is to allow a judge to hear and make a decision on a legal issue on short notice rather than on the court’s regular calendar. Learn the court requirements to get a California ex parte child custody order approved. Read More 36
How to File Emergency Probate in California By Sandra McCarthy|September 8th, 2019|Probate| Most people never face an emergency when going through the probate process. There are certain situations, however, that lead to probate emergencies and the need to file emergency probate. This special petition is known as a Petition for Letters of Special Administration. If the Petition is approved, the Court Clerk will issue Letters of Special Administration. Letters of Special Administration are temporary Letters of authority that can be approved by the Probate Judge for a specific purpose on an ex parte basis (without a hearing). Read More Comments Off on How to File Emergency Probate in California
How to Create a California Advanced Healthcare Directive By Sandra McCarthy|June 20th, 2022|California Courts| No one plans on getting in an accident, but accidents do happen. Are you ready if you become incapacitated and can't make healthcare decisions? Like most people, you probably want as much power over your health care decisions as possible. An advance health care directive can do just that. Now, how to create a [...] Read More 0
How to Get an Emergency Conservatorship in California By Sandra McCarthy|August 22nd, 2022|California Courts, Family Law, Probate| This post explains how to get an emergency conservatorship in California as well as why an emergency conservatorship isn't a permanent solution. Read More 0