State Specific Estate Planning Laws for Californians: What You Need to Know By A People's Choice|January 12th, 2022|Estate Planning| Are estate planning laws the same in every state? Definitely not! That's why if you've recently moved from one state to another, let’s say North Dakota to California, you might have some reading about state specific estate planning laws ahead of you. The same goes if you own a business with outlets in many [...] Read More Comments Off on State Specific Estate Planning Laws for Californians: What You Need to Know
California Probate Law: Key Terms & Tips to Navigate the Process By A People's Choice|September 22nd, 2021|California Courts, Probate| Navigating the intricacies of California probate law can be a complex and daunting task. Probate law governs the legal process of transferring property and assets after a person's death, and it includes everything from validating wills to paying off debts and distributing remaining assets to heirs or beneficiaries. In California, this process is guided [...] Read More Comments Off on California Probate Law: Key Terms & Tips to Navigate the Process
Common Law Marriage In California? Here are the Facts (and Myths) By A People's Choice|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
The Most Effective Way to Navigate California Probate and Family Court By A People's Choice|April 23rd, 2021|Probate, Family Law| Losing a loved one is a sad and difficult time. It doesn’t help that while you’re dealing with your grief, you may also have to deal with the deceased person’s estate through a legal process known as probate. Legal matters are probably the last thing on your mind, but it is often up to [...] Read More Comments Off on The Most Effective Way to Navigate California Probate and Family Court
Child Support Laws in California – Is Child Support Mandatory? By A People's Choice|July 9th, 2017|Family Law| Child support is a commonly disputed issue in a divorce or paternity action. On the negative side, some parents proactively seek to limit the non-custodial parent’s timeshare. This action is taken to get more child support. Some parents, however, try to game the system by under reporting their income. This ploy is in attempt to [...] Read More 8
California Family Probate Court: The First Things You Should Know about By A People's Choice|March 24th, 2021|Probate| Anyone who has experienced a death in the family has probably heard the mysterious term "family probate court” get thrown around. But what exactly does it mean? When a loved one passes away, they leave behind a lifetime of finances. Their final bills and debts must be settled, bank accounts closed, and property distributed. [...] Read More Comments Off on California Family Probate Court: The First Things You Should Know about
Disinheriting a Family Member By A People's Choice|September 5th, 2014|Estate Planning| There are several reasons a person could feel a need for disinheriting a family member. There may be family arguments leading to estrangement, financial reasons, or even to protect one child over another. When someone decides to disinherit a family member such as his or her spouse or children, they need to do more than simply leave them [...] Read More Comments Off on Disinheriting a Family Member
Quitclaim Deeds in California By A People's Choice|June 27th, 2020|Estate Planning| According to California law, a quitclaim deed is a document that enables you to relinquish and/or transfer real property interest, whether recorded or not, in land and or gas, mineral, or oil rights. Most people who sign quitclaim deeds do so when they are transferring the land to a family member. This is because a quitclaim deed does not "guarantee" the grantor has, in fact, valid ownership of the real estate property. Because the parties involved in gift transfer of ownership of real estate property and in quitclaim deeds are usually close family members, it is not necessary to hire a lawyer. In fact, it is a waste of money to hire a lawyer for something as simple as a quitclaim deed. The best choice is to hire a California registered legal document assistant to prepare your quitclaim deed. Read More Comments Off on Quitclaim Deeds in California
Supervised Visitation Solutions in Family Court By A People's Choice|September 2nd, 2017|Family Law| There are many forms of visitation for non-custodial parents. When the safety and welfare of a child is in question, a court may order supervised visitation to a non-custodial parent. The court will order visitation to be supervised if a parent has a history of domestic violence or sexual abuse. Furthermore, if a child’s safety [...] Read More Comments Off on Supervised Visitation Solutions in Family Court
Dying Without a Will in California: How to Navigate the Probate Process By A People's Choice|July 30th, 2020|Probate| Usually, the probate process utilizes a decedent's will to determine how the estate will be divided. However, when a will is missing, incomplete, or invalid, the court follows the California Intestate Succession Laws instead. Read on to learn more about how these laws work and how you can complete the process process without an attorney, even if you're missing a will! Read More 4
California Mandatory Child Support Add-Ons By A People's Choice|September 2nd, 2018|Family Law| Have you ever heard the expression "California Mandatory Child Support Add-ons". If so, you may not understand what this means. Under California child support laws, both parents are required, to financially support their children until they reach 18 years of age. Most people understand what the words "child support" mean. California child support laws allow the court to consider different factors in deciding how much money each parent is required to contribute to care for their child. Here is what you need to know about California Mandatory Child Support Add-ons. Read More Comments Off on California Mandatory Child Support Add-Ons
What Happens to Jointly Owned Property When an Owner Dies? By A People's Choice|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?
Special Needs Trust and California ABLE Accounts for People with Disabilities By A People's Choice|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
Conservatorship For Someone With Dementia By A People's Choice|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
How to Get an Emergency Conservatorship By A People's Choice|May 1st, 2018|Probate| California law allows family members to get an emergency conservatorship for their loved one. A conservatorship is a court process which legally enables another person to make decisions about another person’s finances and health. The facts required to get an emergency conservatorship can found in California Probate Code. Read More Comments Off on How to Get an Emergency Conservatorship
Title Insurance Problems With Transfer on Death Deed By A People's Choice|July 31st, 2019|Estate Planning| Certain legal terms cause people to clutch their wallets in fear. With regard to income taxes, people fear the word “audit". In family law, they fear the word “alimony”. The scariest word in estate planning is “probate,” which refers to the process by which the court effectively dictates what happens to a deceased person’s property. Knowing the term "transfer on death deed" can make probate far less scary. Unfortunately, since the implementation of this new estate planning tool, people are discovering title insurance problems with transfer on death deeds. Read More 2
How to Comply With Financial Disclosure Requirements in California Divorce By A People's Choice|April 24th, 2020|Family Law| California family law courts require mandatory financial disclosures between parties in all divorce cases. These disclosures are intended to make settlement negotiations easier by providing transparency regarding the marital estate’s assets and debts. Read on to learn more about how to prepare the mandatory financial disclosures and which disclosures can be waived in a California divorce. Read More Comments Off on How to Comply With Financial Disclosure Requirements in California Divorce
Clear Your Record – Consumer Arrest Equity Act SB 393 By A People's Choice|July 21st, 2019|California Courts| Do you need your arrest record sealed? In 2017, Governor Jerry Brown signed the Consumer Arrest Equity Act Senate Bill 393 (CARE - SB 393) into law. There are many reasons you might wish to seal your arrest record. In many cases, an arrest record can hurt your chances of gainful employment or safe housing for your family. This may be true even if you were never convicted. Read More Comments Off on Clear Your Record – Consumer Arrest Equity Act SB 393
How to Deal With Creditors and Debts in California Probate By A People's Choice|September 3rd, 2018|Probate| California has specific laws and rules about the process required to deal with creditors and debts in California probate. It is the estate’s executor or appointed representative's responsibility to notify all creditors of the probate proceedings. This notification allows creditors to make and file formal claims against the probate estate. It is important to note that creditors and interested parties usually have a limited amount of time to file a claim. Read More Comments Off on How to Deal With Creditors and Debts in California Probate
What are My Duties as Executor of a Will? By A People's Choice|March 31st, 2020|Probate| In California, most people who put together an estate plan appoint someone as executor of their will. One of the main duties as executor of a will is to carry out the decedent's wishes after they die. If you are the executor of a will, your duties begin when you open the estate for probate with the court. They do not end until the estate settles and every beneficiary gets his or her share of the estate. California law acknowledges that being an executor of a will is a real job, so if you need help with the probate documents, rely on a professional. Contact A People’s Choice to help you prepare and file the forms for California probate. Read More 2