How to Release Money From Blocked Account By Sandra McCarthy|July 12th, 2016|California Courts| A court order is needed to block a bank account. A blocked account is usually created to protect a money judgment awarded to minors and adults who have been appointed a guardian or conservator. Conversely, a court order is also required to release money from blocked account. A withdrawal from a blocked account is only [...] Read More 47
Petition to Establish Fact of Marriage Granted After Judge Has Change of Heart By Sandra McCarthy|July 10th, 2016|Family Law| What do you do when you and your spouse "think" you have been married for over 30 years and then unexpectedly discover that your marriage certificate was never officially filed with the Court Clerk? Well, this is exactly what happened recently to clients of ours. Our clients, whom we will call Sam and Betty, had [...] Read More Comments Off on Petition to Establish Fact of Marriage Granted After Judge Has Change of Heart
Collecting Out-of-State Judgments (Foreign Judgments) By Sandra McCarthy|July 9th, 2016|California Courts| 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 [...] Read More 6
Handling Creditor Claims in Probate By Sandra McCarthy|July 8th, 2016|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 [...] Read More Comments Off on Handling Creditor Claims in Probate
Creative Solutions To Spousal Support in Divorce By Sandra McCarthy|June 17th, 2016|Family Law| 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 [...] Read More Comments Off on Creative Solutions To Spousal Support in Divorce
How to Remove a Corporate Officer By Sandra McCarthy|June 6th, 2016|Business| 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 [...] Read More Comments Off on How to Remove a Corporate Officer
CALPERS Pension Retirement Division in Divorce By Sandra McCarthy|May 27th, 2016|Family Law| 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 [...] Read More 11
Serving Unknown Tenants in Eviction is Critical By Sandra McCarthy|May 27th, 2016|Estate Planning| 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 [...] Read More 5
How to Divide a 401K in Divorce By Sandra McCarthy|May 22nd, 2016|Family Law| 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 [...] Read More Comments Off on How to Divide a 401K in Divorce
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
How to Get a Copy of a Will By Sandra McCarthy|May 10th, 2016|Estate Planning| If you are involved in a loved one’s estate, you may be wondering how you can get a copy of their will. If your loved one is still living, it may be difficult to get a copy of their will unless they willingly provide it to you. This is because the will is considered personal [...] Read More Comments Off on How to Get a Copy of a Will
Dissolving a Nonprofit – What You Need to Know By Sandra McCarthy|April 19th, 2016|Business| Dissolving a nonprofit in California involves several steps. From obtaining approval to dissolve the nonprofit, to filing all required legal documents with the Secretary of State and the Attorney General, winding up a nonprofit can be a tedious task. Read on to learn more about what you need to know when dissolving a nonprofit in [...] Read More Comments Off on Dissolving a Nonprofit – What You Need to Know
The Importance of a Promissory Note When Loaning Money By Sandra McCarthy|April 17th, 2016|California Courts| Have you ever heard the expression, “never loan money to family or a friend”? Loaning money to a friend or family member can create a sensitive situation and has broken many friendships as well as created family rifts. A person who loans money to someone else wants to make sure that the money they loan [...] Read More 8
What is a probate asset? By Sandra McCarthy|April 16th, 2016|Probate Column 2, Probate FAQs| Assets that are solely in the name of the decedent are generally probate assets. Assets that can transferred through pay-on-death provisions are not considered probate assets. For example, if an asset is owned in joint tenancy (but not if it is owned in tenancy in common) or there is a named beneficiary designated to receive [...] Read More Comments Off on What is a probate asset?
QDRO Wording, Terms and Definitions By Sandra McCarthy|April 15th, 2016|Family Law| Words… there are many in the English language. Add a layer of “legalese” in the mix and often reading and understanding legal documents seems like you are reading a foreign language. This list of QDRO wording, terms and definitions will help you understand common terms used in QDRO matters. What is a QDRO? The acronym [...] Read More Comments Off on QDRO Wording, Terms and Definitions
Deeds and Real Property Transfer By Sandra McCarthy|December 7th, 2015| Deeds and Real Property Transfer in California Transferring Real Property: There are many different types of documents that affect the transfer of real property. The following are brief descriptions of some of the more common transfer documents: The most commonly used type of deed in California is called a Grant Deed. [...] Read More 1
Durable Power of Attorney By Sandra McCarthy|December 7th, 2015| Durable Power of Attorney A Durable Power of Attorney for Finances is an important aspect of estate planning. Sometimes an unexpected life event happens leaving a person temporarily or permanently incapacitated. This important document will make sure your personal affairs will continue to be property handled without the necessity and cost of court intervention. [...] Read More 0
How To Start A Business By Sandra McCarthy|April 5th, 2015| How to Start a Business in California There are several matters of importance when investigating how to start a business in California. Some of these include: Once you have made the decision to start a business in California, your first step should be to decide which legal structure is right for you. There [...] Read More 0
Agency Authority and How It May Affect Your Business By Sandra McCarthy|February 21st, 2015|Business| Permission is an important concept in our daily interactions. Whether it is a parent and child arguing over curfew, or two spouses arguing about a large purchase, a misunderstanding of what is and is not permitted can lead to a lot of confusion and heartache. When the disagreement shifts to what an employee/agent of your California [...] Read More Comments Off on Agency Authority and How It May Affect Your Business
Why should I hire A People’s Choice when I can go to the Court Self-Help Service? By Sandra McCarthy|December 28th, 2014|General FAQs| If you have ever taken a trip to the local court's self-help service, you might be able to answer this question yourself. Most courts in California are understaffed and short-handed. This results in long lines at the self-help centers, requiring consumers seeking help to arrive early and wait hours before the doors open if they want [...] Read More Comments Off on Why should I hire A People’s Choice when I can go to the Court Self-Help Service?