How to File for Conservatorship in Alameda County, CA By Sandra McCarthy|May 18th, 2022|California Courts, Family Law, Probate| An estimated 1.3 million Americans are currently under conservatorships, according to The National Council on Disability. That 1.3 million is made up of all kinds of people—from elderly infirm individuals to people with mental health barriers to the rich and famous. If you're associated with one of those situations in Alameda County, CA, as [...] Read More 0
Law Library By Sandra McCarthy|December 8th, 2014| Law Library Research Tools A People’s Choice can save you hundreds of dollars by preparing your California court and other legal documents instead of an expensive attorney! IMPORTANT NOTICE All data and information referenced below has been obtained from sources believed to be reliable, however we cannot verify the accuracy of such information. Information provided [...] Read More 0
Probate Calendar Notes and How to Fix Them By Sandra McCarthy|April 21st, 2018|Probate| Probate Examiners review all filed probate petitions before they are submitted to the judge. The court may reject the probate petition if not completed properly or is missing critical information. This article will explain what a supplement is and how to fix the probate calendar notes so the hearing can be approved. Read More Comments Off on Probate Calendar Notes and How to Fix Them
Keeping Up With California Courts’ Probate Rules During Coronavirus By Sandra McCarthy|September 21st, 2020|Probate| Since early 2020, the California court system's response to coronavirus has resulted in a plethora of modifications to existing probate rules. However, these requirements vary greatly amongst county courts. As a result, individuals administering an estate should consult their local Superior Court's website for more information. Read More Comments Off on Keeping Up With California Courts’ Probate Rules During Coronavirus
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?
Which Probate Fees Go To Executors? By Sandra McCarthy|September 16th, 2020|Probate| Did you know personal representatives are entitled to financial compensation for administering their loved one's estate? Read on to learn just how much executors are paid, and how it affects the estate and beneficiaries. Read More Comments Off on Which Probate Fees Go To Executors?
You Cannot Immigrate Through Adult Adoption By Sandra McCarthy|July 21st, 2019|Adoption| Hundreds of thousands of people attempt to immigrate to the United States each year. Sometimes, the situation becomes desperate and people turn to wild means of obtaining U.S. citizenship. Trying to immigrate through adult adoption emerged as one strategy in 2016. Unfortunately, it does not work. If you or a loved one hopes to immigrate through adult adoption, do not be misled. While adult option remains off-limits, there may be other routes to getting a green card or U.S. citizenship. Read More Comments Off on You Cannot Immigrate Through Adult Adoption
What are My Duties as Executor of a Will? By Sandra McCarthy|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
How to Open an Estate Account During Probate By Sandra McCarthy|November 3rd, 2019|Probate| There are five steps to open an estate bank account. 1) File Probate; 2) Get Letters Issued; 3) Apply for Tax ID Number (EIN); 4) Select the Bank; 5) Deposit Funds and Open Account. Opening an estate bank account is not difficult if you have the correct forms. It is a good idea to hire a registered legal document assistant to help you with the probate process so there will be no delays to be able to open an estate account during probate. Read More 2
Selling Personal Property During Probate By Sandra McCarthy|October 27th, 2019|Probate| Sometimes, it is necessary to sell some of the decedent's assets during probate in order to pay the debts. Another reason to sell property during probate is because selling a property and dividing the proceeds among several heirs is much easier than having the heirs share the inherited asset. California’s Probate Code has different rules that govern how to sell property during probate. The difference is whether the court grants to personal representative limited authority or full authority. Read More 3
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 Avoid Statutory Attorney Fees in Probate (California) By Sandra McCarthy|July 4th, 2019|Probate| In California, attorneys charge statutory fees to probate an estate. However, statutory attorney fees in probate are avoidable. How do you avoid paying statutory fees when you file probate in California? First and foremost, consider hiring a legal document preparer to help you. At A People’s Choice, we have helped thousands of consumers just like you to complete a California probate for a fraction of the cost charged by lawyers! Read More Comments Off on How to Avoid Statutory Attorney Fees in Probate (California)
Changing Title on a House – How to Do it Right By Sandra McCarthy|December 28th, 2020|Estate Planning| If you need to change the title on a house, be confident you have handled all steps in the process correctly. It's always best to hire a professional to prepare a deed or other title transfer. Otherwise, with an improper deed, you might not have the ownership rights you believe you have. Worst yet, you might retain ownership responsibilities you think you no longer should have. Read More 51
How to Get an Affordable Divorce in California By Sandra McCarthy|November 22nd, 2020|Divorce| The best option for an affordable divorce is to hire someone with up-to-date expert knowledge on court documents and legal paperwork. That person is a legal document assistant, who holds a certificate verifying their extensive professional knowledge of California legal documents. Legal document assistants do not charge exorbitant hourly rates or bill you for every minute that any employee in their office devotes to your case. Read More Comments Off on How to Get an Affordable Divorce in California
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
Get Emergency Letters of Special Administration in Probate By Sandra McCarthy|May 10th, 2019|Probate| In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately. In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate. Read More Comments Off on Get Emergency Letters of Special Administration in Probate
Compare Online Probate Services By Sandra McCarthy|April 28th, 2019|Probate| Recently, there has been an increase in online DIY services for California probate and estate planning. These services vary greatly in what services are offered. With this in mind, they all have the same theme - offering people a cheaper way to file probate for a fee that avoids paying statutory fees and is considerably cheaper than hiring a probate attorney. Services provided by online probate services vary from platform to platform. Here is an overview of things to look for when you compare online probate services. Read More Comments Off on Compare Online Probate Services
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
How to Prepare a Supplement to Clear Probate Notes By Sandra McCarthy|May 3rd, 2018|Probate| Do you need to prepare a supplement to clear probate notes? Probate notes provide an overview of the matter set for hearing and highlight errors and deficiencies in the probate petition. Here is information you will need prepare a supplement to clear probate notes so the court can approve your upcoming probate hearing. Read More Comments Off on How to Prepare a Supplement to Clear Probate Notes
Elder Abuse, Caregiver Theft, Fraud, and Financial Crimes Against the Dependent By Sandra McCarthy|March 22nd, 2015|Estate Planning| Caregiver fraud is on the rise! Learn how to identify caregiver theft, fraud, dependent abuse and other caregiver scams and how to prevent them. […] Read More Comments Off on Elder Abuse, Caregiver Theft, Fraud, and Financial Crimes Against the Dependent