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Which Probate Fees Go To Executors?

By |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.

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Should You Use a Trust to Protect Your Assets from Creditors?

By |August 11th, 2020|Estate Planning|

Are you considering using a trust to protect your assets from creditors? Be sure to read this FIRST! Many of our clients don't realize that they will need an irrevocable living trust to protect their property. However, irrevocable trusts are costly and may have more disadvantages than benefits. In fact, using an irrevocable trust means giving up all rights to your assets!

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How to Open an Estate Account During Probate

By |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.

How to File Emergency Probate in California  

By |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).

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California Conservatorship For Mentally Disabled 

By |September 7th, 2019|Probate|

When a person has a mental disability, often they cannot take care of their own basic needs. Once they reach adulthood, you may discover you require a special type of conservatorship for mentally disabled individuals. In California, there is a specific process you must follow so the court may appoint a conservator for adults with mental disabilities. There are many reasons this becomes necessary. This article explains more about how to get conservatorship for mentally disabled in California.

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Temporary and Permanent Guardianship in California

By |July 28th, 2019|Family Law|

When parents are unable to care for their children, the court may appoint a guardian for those minors. Temporary and permanent guardianship represent two options. Requesting the right type of guardianship plays a significant role in the success of a case. In some situations, however, you may not need to get a court-appointed guardianship. California offers informal guardianship solutions for short-term guardianship needs. Here's what you need to know about temporary and permanent guardianship in California.

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How to Resolve Mistakes Made by a Court Clerk

By |July 21st, 2019|California Courts|

Sometimes, even the court system makes simple mistakes. Unfortunately, mistakes made by a court clerk, for example, can create serious difficulties. For example, receiving a $100,000 award in a judgment, but finding the clerk accidentally wrote in "$10,000" instead. How devastating! How can you fix this "slip of the pen" and receive the award to which you are entitled? Attempting to resolve mistakes made by a court clerk should be simple, but many people find it harder than they expect. A People's Choice can help you get those errors corrected in a swift, timely fashion.

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Steps to Get Letters Testamentary in Probate

By |July 3rd, 2019|Probate|

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.

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Get Emergency Letters of Special Administration in Probate

By |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.

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What is a Probate Conservatorship in California?

By |July 11th, 2018|Probate|

A probate conservatorship in California occurs when the court appoints a responsible person (conservator) to care for another adult (conservatee). Specifically, a conservator is appointed to care for a conservatee when the court decides that the conservatee is unable to care for his or her own well-being or finances.

How to Get an Emergency Conservatorship

By |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.

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How to Register a Foreign Child Support Order in California

By |December 30th, 2017|Family Law|

Learn how to register a foreign child support order in California. When you register a foreign child support order in California, the California court will have the power to collect and enforce the child support order of another state. Here are the steps to register a foreign child support order in California.

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Securing a Loan With Deed of Trust

By |July 26th, 2016|Estate Planning|

In California, loans can be secured by real property through a deed of trust. Accordingly, a deed of trust is a security instrument that functions like a mortgage. For the most part, people refer to a home loan as a “mortgage.” Technically, however, a mortgage is not actually a loan but rather a document given [...]

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