Estate Planning By Sandra McCarthy|April 7th, 2014| Do I Need An Attorney For Estate Planning? Before you actually start to prepare your California estate planning documents, you need to learn about the different documents involved in good estate planning and how each document fits in with your overall estate goals. Keep in mind that creating your estate planning [...] Read More 0
What Are Non-Probate Assets, and How Do They Affect Your Estate Planning? By Sandra McCarthy|July 28th, 2021|Estate Planning, Probate| Probate is no picnic to those who are unfamiliar with the process. For one, if you’ve been chosen as a personal representative for an estate, you’ll need a complete understanding of what a personal representative has to do with both probate and non-probate assets. And, unfortunately, California probate law doesn’t make things easier. [...] Read More 6
California Proposition 19: How Will Estate Planning Change in February 2021? By Sandra McCarthy|February 13th, 2021|Estate Planning| Children inheriting property from their parents will face significant financial consequences once California Proposition 19 (Prop 19) comes into effect on February 16, 2021. California voters approved Prop 19 on November 3, 2020, through the Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act. The law has two [...] Read More Comments Off on California Proposition 19: How Will Estate Planning Change in February 2021?
Title Insurance Problems With Transfer on Death Deed By Sandra McCarthy|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
Prepare Living Trust Without Attorney Using Legal Document Assistant Service By Sandra McCarthy|March 26th, 2020|Personal| As we get older, we tend to spend more time thinking about our estate plans, what we leave to our children, and our legacy. However, oftentimes the cost of preparing estate plan paperwork with an attorney pushes this item to the back burner. Looking to prepare a living trust for a fraction of the cost? Here is the story of how one woman did just that - and saved $500! Read More Comments Off on Prepare Living Trust Without Attorney Using Legal Document Assistant Service
Benefits of a Spendthrift Trust in Estate Planning By Sandra McCarthy|November 23rd, 2017|Estate Planning| A spendthrift trust is a great tool to protect, preserve, and pass on wealth to beneficiaries. What makes a spendthrift trust so special? This article will explain the benefits of a spendthrift trust. Read More Comments Off on Benefits of a Spendthrift Trust in Estate Planning
Help Me Decide By Sandra McCarthy|March 7th, 2024| Help Me Decide Use our guide to help find which type of estate plan best fits your needs. Read More Comments Off on Help Me Decide
What Is Probate Estate? By Sandra McCarthy|September 20th, 2021|Estate Planning, Probate| As a popular saying attributed to Japanese writer Haruki Murakami goes, "death is not the opposite of life but a part of it." That brings to mind the fact that although death can stop a person from living, it can’t stop the person’s legacy from thriving. This, is related to the far less poetic, [...] Read More Comments Off on What Is Probate Estate?
Complete Guide: Navigating Small Estate Probate in California By Sandra McCarthy|July 3rd, 2024|Probate| Losing a loved one is difficult, and managing the legal and administrative responsibilities that follow can add to the emotional burden. The tasks involved in settling an estate can feel overwhelming, but you don't have to navigate them alone. In California, the process for smaller estates valued under a certain dollar amount is more [...] Read More 0
What’s a Conservatorship of the Estate in California? By Sandra McCarthy|August 10th, 2022|California Courts, Estate Planning, Family Law, Probate| It happens every day: while driving on a highway, someone gets into a ghastly accident and sustains an injury. The accident impairs their cognitive and physical ability, and they can no longer oversee their estates and finances. What happens if, God forbid, this person is your spouse or relative? You may decide you need [...] Read More 0
How to Deal With Creditors and Debts in California Probate By Sandra McCarthy|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
Step by Step Guide to Letters of Testamentary in California By Sandra McCarthy|July 3rd, 2019|Probate, Estate Planning| After someone dies in California, an estate may have to through probate. If the estate is large and the decedent had a Will, the first step is to get Letters Testamentary in probate. Probate in California involves many steps. Although probate is complicated, you will not likely need an attorney to handle probate in California. An experienced legal document preparer can help for most estates. Read More Comments Off on Step by Step Guide to Letters of Testamentary in California
How to Close a Probate Estate in California By Sandra McCarthy|December 29th, 2016|Probate| There are many steps in the California probate process, the last of which is closing the probate case. In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file [...] Read More 4
Thrift Savings Plan Retirement Division in Divorce By Sandra McCarthy|April 29th, 2017|Family Law| A Thrift Savings Plan (TSP) is a retirement system and plan for federal employees, military personnel and reservists. Congress established the plan in 1986. The federal TSP is a defined contribution plan. This means the amount of money a plan participant receives from the plan depends on how much he/she contributed throughout his/her working years. The [...] Read More 2
The California Probate Process: A Step-by-Step Guide By Sandra McCarthy|February 4th, 2021|Probate| The probate process in California starts after someone dies. Depending on the size of the estate, the process of probating an estate can be surprisingly quick and simple to complete. For larger estates, probate may be lengthy and more complex. Here's what you need to know to start the probate process in California. Read More 10
Benefits of Restating a Trust By Sandra McCarthy|August 12th, 2019|Estate Planning| If you have thought at all about estate planning, congratulations! You have already saved your family lots of hassle and expense. If you have set up a living trust, even better; you are very well prepared. However, even the best-laid plans sometimes change. When this happens, you might find yourself in the position of restating a trust. Read More Comments Off on Benefits of Restating a Trust
Is It a Good Idea to Hire a California Probate Attorney? By Sandra McCarthy|September 20th, 2020|Probate| Not every asset that belongs to a deceased person becomes part of his or her estate. Not all estates must go through probate. Only some of the estates that go through probate involve complex issues that require the personal representative to hire a lawyer. In fact, hiring an attorney is usually a waste of money in uncomplicated probate cases. For most people, it makes better financial sense to hire a non-attorney professional to complete your probate forms correctly. Read More Comments Off on Is It a Good Idea to Hire a California Probate Attorney?
Understanding California’s Transfer on Death Deed By Sandra McCarthy|August 26th, 2020|Estate Planning| Are you considering using a transfer on death deed to transfer real property to a beneficiary after your death? Believe it or not, a TOD deed is not always the best option for estate planning. In fact, it works best for people without minor children, whose real estate is their only asset. Read on to learn more about whether a TOD deed is right for you. Read More 111
Dying Without a Will in California By Sandra McCarthy|August 16th, 2020|Estate Planning| Dying without a will in California subjects your estate to California intestate succession laws. In other words, the court will distribute your property depending on your living relatives. For example, your assets may go to a spouse or your children. However, if you want your property distributed in a certain manner, contact A People's Choice today. We can help you prepare a will or other estate planning documents to protect your assets upon your death. Read More Comments Off on Dying Without a Will in California
Probate an Estate with Lost Will By Sandra McCarthy|November 11th, 2016|Probate| If you have to probate an estate with lost will in California, it is not an easy task. If a will is lost, specific facts, circumstances, and state law will decide which family members inherit the decedent’s assets. For example, if the will was revoked prior to the decedent’s death, and a new will did [...] Read More Comments Off on Probate an Estate with Lost Will