The Problems Walt Disney’s Grandson Faces With Inheritance & Probate Court By Sandra McCarthy|September 20th, 2020|Probate| Did you know that one of Walt Disney's grandchildren has been fighting for over 15 years to collect his inheritance? Read on to learn why the court is holding his money, and how YOU can prevent issues with probate court. Read More Comments Off on The Problems Walt Disney’s Grandson Faces With Inheritance & Probate Court
Understanding Probate Costs in California: A Comprehensive Guide By Sandra McCarthy|September 16th, 2020|Probate, California Courts| Probate comes with a plethora of fees, including hefty statutory attorneys' fees. However, in California, the court may also rule that estates pay "extraordinary" fees to attorneys. Learn what these fees are and how to avoid them. Read More Comments Off on Understanding Probate Costs in California: A Comprehensive Guide
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?
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
Modifying Spousal Support in California: What You Need to Know By Sandra McCarthy|August 23rd, 2020|Family Law| If you're considering submitting an order for a change in spousal support, there are some factors you may need to prove beforehand. More specifically, to increase, reduce, or terminate support, you must prove a significant change in personal circumstances. These circumstances may include loss of a job, remarriage, or retirement. Read More 17
Should You Use a Trust to Protect Your Assets from Creditors? By Sandra McCarthy|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! Read More Comments Off on Should You Use a Trust to Protect Your Assets from Creditors?
How to Mediate a Divorce in California: Guide and Checklist By Sandra McCarthy|April 28th, 2020|Divorce, Family Law| Divorce mediation is a great alternative for couples looking to save money and resolve their conflicts in an amicable way. Looking for more information on divorce mediation in California? Read on for a complete guide and checklist, and contact A People's Choice for more information. Read More Comments Off on How to Mediate a Divorce in California: Guide and Checklist
Grant Deeds, Quitclaim, and Other Real Property Deed Transfers By Sandra McCarthy|April 24th, 2020|Estate Planning| Oftentimes, people contact our office about preparing a real property deed transfer document to transfer an existing owner’s interest in a property to someone else. However, when some aspects of real property deeds are incorrectly prepared, ownership rights may be detrimentally affected. 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
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
California Conservatorship For Mentally Disabled By Sandra McCarthy|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. Read More Comments Off on California Conservatorship For Mentally Disabled
Temporary and Permanent Guardianship in California By Sandra McCarthy|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. Read More Comments Off on Temporary and Permanent Guardianship in California
How to Resolve Mistakes Made by a Court Clerk By Sandra McCarthy|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. Read More Comments Off on How to Resolve Mistakes Made by a Court Clerk
Steps to Get Letters Testamentary in Probate By Sandra McCarthy|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. Read More Comments Off on Steps to Get Letters Testamentary in Probate
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
What is a Probate Conservatorship in California? By Sandra McCarthy|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. Read More 2
How to Get an Emergency Conservatorship By Sandra McCarthy|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
How to Register a Foreign Child Support Order in California By Sandra McCarthy|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. Read More Comments Off on How to Register a Foreign Child Support Order in California
Can You File for Divorce in Another State? By Sandra McCarthy|June 30th, 2017|Family Law| Can you file for divorce in California when you and your spouse live in Nevada? The answer is probably not! Almost every state, except Alaska, South Dakota, and Washington have strict residency requirements to file divorce in that state. In other words, if you live in California but want to file for divorce in another [...] Read More 4
Securing a Loan With Deed of Trust By Sandra McCarthy|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 [...] Read More Comments Off on Securing a Loan With Deed of Trust