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Probating A Lost Will in California

By |May 26th, 2020|Probate|

Probating an estate is complicated to begin with - but what happens when the original will has been lost or destroyed? Probating a lost will requires proving that the testator did not intend to revoke the will. Luckily, A People's Choice can help you complete and file the proper documentation for probating a lost or destroyed will. Read on to learn more.

How a Fill-in-the-Blank Will Can Go Wrong

By |April 24th, 2020|Estate Planning|

If you're considering creating a will with a DIY fill-in-the-blank service such as LegalZoom or Nolo, be sure to read up on the consequences beforehand. Unfortunately, wills created with these services often result in incorrectly distributed estates. Luckily, registered legal document assistants like A People's Choice are here to help.

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What are My Duties as Executor of a Will?

By |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.

How to Lodge a Will in California and File Probate

By |July 11th, 2018|Probate, Estate Planning|

Most Executors have a hard time giving up possession of a decedent's original will. However, by law, the custodian of an original will must lodge the will with the Superior Court within 30 days of learning of the testator’s death. This is a statutory requirement under California Probate Code Section 8200. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion.

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Probate an Estate with Lost Will

By |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 [...]

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When You Need a Pour-Over Will

By |October 18th, 2016|Estate Planning, Personal|

Most people create a revocable living trust to avoid probate. A pour-over will is also executed to allow any unknown assets outside the trust to pass through the pour-over will into the trust upon the testator's death. Trust property is then distributed to trust beneficiaries. Contact A People’s Choice for more information on how to prepare a pour-over will.

How to Get a Copy of a Will

By |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 [...]

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How can someone find out if they are named in a will?

By |April 16th, 2016||

California Probate Code Section 8200(a)  requires that the original will be filed with the court in the county where the person who dies resided within 30 days after the person's death. Unfortunately, this statutory requirement is rarely complied with. In fact, in most cases, the original will is only lodged with the court if the [...]

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California Living Wills

By |December 7th, 2015|

A Living Will vs Advance Healthcare Directive The Advance Healthcare Directive, and not a living will, is now the preferred and legally recognized document for end-of-life decisions by an individual who lives in California. Quick Start My Documents! A living will is a limited type of advance healthcare directive. A Living Will only identifies your decisions about specific life­-sustaining procedures [...]

California Wills

By |December 7th, 2015|

California Wills What is a Will? A will is a legal document that is effective at your death. This document will name your executor who is the person who will handle your assets after your death. It also permits you to name beneficiaries, set up support trusts for minor children or other dependents, and [...]

Does a Will Have to be Probated in California?

By |June 7th, 2015|Estate Planning|

What Constitutes a Will? The contents of a typical will could include: *The deceased’s real estate holdings *Stocks and bonds *Cash or cash accounts *A life insurance policy *Pension benefits, death benefits *Personal belongings *Bank account funds or funds with any financial institution, and retirement accounts. Probate is legal term that refers [...]

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No Contest Clause in California Wills

By |August 29th, 2014|Estate Planning|

A will is meant to be the last word on how one wants his or her property to be disposed of upon their death. However, it is often difficult to please everyone with the way the property is divided. There may be a person in the deceased’s will who feels he should have received more [...]

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How to Make a Will in California: Types & Requirements

By |June 2nd, 2014|Estate Planning, California Courts, Probate|

One of the most basic forms of estate planning is preparing your will. A will can be extensive and cover every detail of dividing your property, naming guardians for minor children, and executors for your will. Alternatively, it can be a simple document dealing primarily with property distribution. If you have a living trust, having [...]

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If I incorporate, will doing so prevent others from using my company name?

By |April 28th, 2014|, |

Incorporating will not keep another business from using your name. Generally, every business must protect its own business name and the good will that it has acquired from the sale of its goods or services in a specific geographic area. Filing articles of incorporation only prevents the secretary of state from filing a document to [...]

Spousal Support Guidelines

By |March 14th, 2024||

Temporary support is generally calculated using a formula. When determining long-term spousal support, the court does not rely on a specific  “formula” to calculate support but rather looks at several other factors such as: Standard of Living – This refers to the couple's standard of living during their marriage. When determining support, the court will [...]

Types of Spousal Support

By |March 14th, 2024||

Temporary support: The court can order temporary support based on the short-term needs of one spouse and the other spouse’s ability to pay. A temporary support order may last until the couple’s divorce is finalized or until some specified time in the short-term future. Often, these orders are to assist one spouse in getting back [...]

How Spousal Support is Calculated

By |March 14th, 2024||

Spousal support is set out in California Family Code Sections 4320-4326 and 4330-4339. These sections outline how courts may order support and under what circumstances. Courts often use what is known as a “guideline formula” when calculating both child and spousal support. This formula is based on several factors, including the net income of both parties [...]