Tuesday, July 31, 2012

Planning to Protect Your Entire Family in Case of Medical Emergencies

Do you know who is legally authorized to make your critical health care and financial decisions if you are disabled and cannot do so? What about your loved ones? We have heard from people whose elderly parents have had strokes away from home as well as those whose children have been seriously injured while at college. In both situations, because they do not have the proper legal authorization, they were not able to speak to medical personnel on behalf of their parents and children. Without the right planning in place and readily available at all times, these already difficult situations can land you in a disastrous bureaucratic tangle when you and your loved ones can afford it least.

With important new medical privacy laws such as HIPAA (Health Insurance Portability & Accountability Act) becoming more and more strictly enforced by hospitals and medical facilities, making sure you have the proper authorization is more critical than you might think. Without the proper legal authorization your loved ones may not be able to assist you when you need it most. And if you don't have the proper written authorization to assist your loved ones, including your spouse, children, elderly parents and anyone else you may be responsible for, you may not be able to assist in their health and financial decisions when they need you.

Because of HIPAA, it is more critical than ever that you have current and effective health care proxies, HIPAA release forms and durable powers of attorney. Due to issues of law and interpretation, these critical documents should be updated on an annual basis to ensure effectiveness.

Most parents are not aware that medical professional's interpretation of HIPAA laws can prevent you from receiving information about your children's medical condition once they reach eighteen. Hospitals and Student Health Administrations at most colleges are notorious for strictly enforcing these regulations. Some hospitals have even refused to tell parents anything over the phone-including whether or not their college age child has been admitted to the hospital!

If your elderly parents are relying on you to help them make critical medical and financial decisions, make sure that you have current and correct legal authorization readily accessible or you may find yourself cut off from access when they need your help most. For that reason we help ensure our clients have 24/7 access to all of their health care documents.

Even if you have current, enforceable documents, that may not be enough. Do you know how your documents will be accessed if there is an emergency? If they are on a shelf in your home or locked in a vault at your attorney's office, they will not be there for you when you need them most. Make sure you are not shut out of important health care decisions by ensuring twenty-four hour, seven day a week access to your documents and emergency contact information as well as those of your children, parents, grandchildren and other loved ones.

Article Source: http://EzineArticles.com/1501351

Monday, July 30, 2012

By The People Fairfield CA

Rene talks about how By The People in Fairfield can help people with legal matters in an inexpensive way. See more at http://www.bythepeopleca.com

Sunday, July 29, 2012

Defining Legal Terms - By The People Fairfield CA

Rene goes over what types of questions they can help answer at By The People. A lega document preparation company. See more at http://www.bythepeopleca.com

Saturday, July 28, 2012

DIVORCE !!! Easier than you think? - By The People Fairfield CA

Rene goes over how a divorce does not always need to involve a full legal team. He explains the process of how By The People can help file the paperwork necessary for the courts. See more at http://www.bythepeopleca.com

Friday, July 27, 2012

Learning the Basics of Estate Planning

Like many legal tools, estate planning can seem like a mystery to most people. But when used properly, it can be a very valuable tool for people from all walks of life. You don't need to have a huge estate or billions of dollars in the bank to benefit from a well-made estate plan. So here I've decided to write about some of the basic things you'll need to know about wills, trusts, and the rest of the gang. Hopefully, this will give you a clearer idea of what it's all about and how you can use it to your advantage.
Let's start with some of the most basic questions about this legal invention.
What is Estate Planning?
Estate planning refers to the process of establishing arrangements for the management and disposal of your properties in anticipation of death or disability. It employs a number of devices, including wills, trusts, and powers of attorney - all of which are used to give you some degree of control over decisions that others might make involving your estate or your medical treatment in instances wherein you are no longer capable of making those decisions yourself.
What do I need to do?
There are some differences between states when it comes to the devices that you may use for your estate plan. In California, for example, you can use what is called an advance health care directive which will outline your instructions for your future health care. Other states, on the other hand, may use a "living will" in place of an advance health care directive.
Each device needs to conform to specific legal requirements that are set by each state, and it's absolutely crucial to comply with such requirements otherwise your will or other estate planning device might be considered as invalid. Because of the many differences and requirements, it's very important, therefore, to get quality legal assistance in the preparation of your will or living trust.
When should I start?
A number of people mistakenly believe that they only need to plan their estate when they're already approaching old age or have been diagnosed with a serious illness. The truth is that it's never too early to start building your estate plan. Many unforeseen events such as disasters and accidents can happen at any time, and it's best to have an estate plan as early as possible. This is especially true when you already have young children and other loved ones depending on you for support.
At the end of the day, estate planning is vital for your own peace of mind. A well-built estate plan will give you the assurance that your loved ones will be properly supported should anything happen to you. It will also help you ensure that decisions regarding your property and your health will be made in accordance with your own wishes and plans.

Article Source: http://EzineArticles.com/6719159

Thursday, July 26, 2012

5 Things To Look For In A Trustee

One of the most important decisions that a person will need to make when building his or her estate plan is his or her choice of a trustee. This is especially true of your are thinking of creating a testamentary trust with your minor children as beneficiaries. Your choice of a trustee will not only impact the management of your entrusted properties and assets, but will ultimately affect the lives and welfare of your chosen beneficiaries.
Choosing a trustee can be tricky and nerve-wracking, and is definitely not something that should be taken lightly. With your children's or other beneficiaries' welfare on the line, it's imperative that you make a good choice. I mean, sure, your younger brother may be a hit with his nephews and nieces, but can you depend on him to properly manage your finances in case you're gone or incapacitated?
Below are some of the characteristics that you should look for when making your crucial choice:
Fiscal Competence
Please keep in mind that your appointed trustee will be responsible for managing the properties included in the trust. These properties may consist of bank accounts, real estate, stocks, and other items which require some degree of fiscal competence to be managed effectively. It's always best to find a trustee with sufficient experience and know-how in managing, maintaining and maximizing such properties.
Another thing you'll have to consider is the person's willingness to take on the responsibility of managing your entrusted properties. This will determine the degree of vigilance or dedication that a chosen trustee will give to the task of managing the trust and ensuring the best interests of your beneficiaries.
It makes perfect sense that a trustee should be someone you can trust. While there are available means through which a dishonest trustee can be removed or replaced, save your beneficiaries the trouble by appointing someone with proven honesty and integrity.
Legally Qualified
Although most anyone can be appointed as a trustee, there are specific disqualifications set by law which you must still observe. For instance, you cannot appoint a minor as a trustee. Before choosing someone, make sure to check on the specific qualifications required by law, otherwise your appointment of a disqualified trustee may be considered null and void.
Dependability or Availability
Let's say you've already come up with a shortlist of individuals possessing the first four characteristics. Another item that you'll need to consider in narrowing down that list is the person's dependability or availability. Do not appoint a person who may be too busy with his own affairs to actually pay attention to the management of properties included in the trust.

Article Source: http://EzineArticles.com/6719166

Wednesday, July 25, 2012

Revocable Vs Irrevocable Living Trusts

Trusts come in many different shapes and forms. A living trust is one type of trusts. That's right, there are many different types of trusts. Living trusts are ones created during lifetime. They are also called "inter-vivos", a Latin term meaning "among or between the living"

The phrase "revocable trust" does not refer to any one specific arrangement. It involves a range of various trusts. Each of them can be used to accomplish different objectives.

Such trusts can be revoked. In other words, they can be amended or terminated altogether. The ownership of property contributed to revocable trusts changes on paper. But, you are still in full control. You can continue to manage and enjoy such property same as before.

Regardless of what you may see or hear elsewhere, revocable trusts do not affect your income, estate and gift taxes. Any tax planning provisions in your revocable trust can be implemented without a trust.

Don't waste your time and resources on a revocable trust if your only intent is to achieve the tax savings. This can frequently be achieved by means that are less expensive and time-consuming.

Property transferred to a living trust during lifetime avoids probate. This alone is a compelling reason to set one up. But, keep in mind that your assets can be kept from the probate process by other means.

Even if you are still alive, both you and your property could be subjected to a legal process in the probate court if you become incapacitated. Remember, even young people may become physically or mentally disabled. In such cases, living trusts can be used to keep your property away from the probate system. Other documents should be also utilized to protect your body and soul from the system.

The term "irrevocable trust" also does not involve just one specific trust. Rather, it refers to a wide spectrum of different trusts. Irrevocable trusts mean a loss of control. Once your property is transferred, you can't take it back. You cannot amend or terminate an irrevocable trust.

Now, is it not foolish to voluntarily give away your property? Well, it all boils down to what your individual situation and goals are. Many good things in life come at a price. Transferring your property to an irrevocable trust can bring significant benefits.

Tax savings is one of them. A properly designed and drafted irrevocable trust can reduce income, gift and estate taxes. Such trusts can also provide an additional layer of protection from creditors.

Both revocable and irrevocable trusts remove your property from probate. This legal procedure can devour a significant portion of your estate. The physical costs are not necessarily the end of it. The surviving family members can be at the mercy of probate judges and court-appointed attorneys in many respects.

In many situations, living trusts are the most effective and flexible tools used to hold the title to your property. They should always be given a serious consideration in your estate plan.

Article Source: http://EzineArticles.com/875825

Tuesday, July 24, 2012

When You Need a Quit Claim Deed

Transactions involving the transfer of real estate normally involve several documents known as deeds (judicial, warranty, will, sheriff's and deeds of trust). These deeds are vital to make the transfer of a property from one person to another legitimate. One of these deeds is the Quit Claim Deed.

A quit claim deed is a legal document which releases a person's claim or interest on a certain real estate property and passes it to another individual. This type of deed, however, provides no assurance as to the rights of the person receiving it and makes no warranty that the person concerned owns anything. Quit claim deeds can be used in various situations such as in a divorce, transferring real estate properties between family members, as tokens or gifts or to remove doubts on title.

A typical example of a situation where a quit claim deed may be necessary is when one spouse disclaims any interest in the property that the other spouse owns such as during a divorce. In this circumstance, the spouse who foregoes his interest on the property is called the grantor while the spouse who owns the property is referred to as the grantee. The risks will be shouldered by the grantee especially since there is no warranty on the title.

If a married individual solely holds title to a property or the wife or the husband bought the property before tying the knot, the other spouse may be required to sign a quit claim deed when the property is sold to a third party. For instance, Annie bought a house before marrying Tom. A few years after the wedding, Annie decides to sell the house to Mr. Taylor and Tom, the husband, was required to sign a quit claim deed to Mr. Taylor. The main purpose of the quit claim deed here is to ensure that the spouse not on the deed does not return later on and reclaim the property.

Another example during a divorce is when one of the spouses wants to keep their conjugal home. In this case, the spouse who wants to remain in the house needs to request a quit claim deed so he or she could have sole interest in the house.

Of course, in selling any residential property, the owner is usually required to file a quit claim deed with the county in their state. The document will then transfer the interest of the house involved from the seller to the buyer.

Still another use is when a family home inherited by several siblings who share ownership is sold to a new owner. However, even before the sale, a sibling can already sell his or her share in the home to another sibling and sign a quit claim deed to give up all his or her rights and interests in the property.

Legal experts say there are important things to keep in mind when using a quit claim deed. They point out that the document should bear the current legal names of the parties involved. For divorced couples, the names that appear in their divorce decree should be the same as that will appear in the quit claim deed. The quit claim document will not be needed, though, if the divorcing couple decides to live in separate homes but would like to remain on the title.

Article Source: http://EzineArticles.com/677009

Monday, July 23, 2012

What Is Springing Power of Attorney?

Springing Power of Attorney - A legal document that is granted only if a certain event happens in the future. This used to be a very popular legal form, but now it is being replaced by the medical form and the durable form. But, because of the Uniform Power of Attorney Act which was published by the National Conference of Commissioners on Uniform State Laws. This act is trying to get all the states to enact common laws for the country and at the same time it is getting rid of springing power of attorney.
Why do States want to get rid of Springing? Not all states recognize Springing, for example, Florida just passed a new law enacted on October 1, 2011, that forbids springing. The states do not like it because of the fact the agreement does not become valid unless a future event triggers the form. The States want a uniform code that is easy for the general public to understand, they get bogged down enough just explaining the difference between the general form and the durable form.
Why Medical & Durable forms are Better If you walked into a hospital or a real estate closing trying to use springing, it may not work depending on your state. In fact, allot of the legal websites are not even selling springing forms anymore. The medical form is much like springing, medical only becomes valid, if you are not able to make medical decisions for yourself in the future because you may be incapacitated or mentally ill.
Durable Power of Attorney - Transfers power from one person to another for "all powers legal under law". Durable stays valid if you should become incapacitated or not able to make decisions for yourself. Which means that you can trust someone to handle all your affairs whether you may be out of town or not able to make a specific event.
Other Discontinuing POA Forms The other form that may be coming to an end is the general form, which is the same as durable, but the general form does not stay valid if you should become mentally ill or incapacitated. So, states right now are being fed up with people confusing general and durable. States like New York, Pennsylvania, and Florida have enacted laws stating that unless a general SPECIFICALLY reads that it does not stay valid if you become incapacitated, then the form stays valid.
Article Source: http://EzineArticles.com/6822489

Sunday, July 22, 2012

What Is Probate And More About The Process?

What is probate? This is a common question in among many people. They have totally no idea of what the term probate means. Probate is simply the re-entitling property, and can also be said to be the legal process of transferring the property of a deceased person to the right beneficiaries. The transfer of property is mainly guided by a will. A will is document that is written by a person during his life time to act as a guideline in distributing his wealth once he dies.

This legal practice is presided over by a judge. The procedure can be simple when there is a will. You will just have to confirm that the will is original and that nothing was altered after death of the owner. When the will is confirmed as valid, then the estate lawyer can continue with reading it out as it is written.

The procedure for transfer of property can however be long and expensive when there is no valid will to guide on wealth distribution. Many court hearings will be necessary and this will cost a lot in terms of legal fees and time.

This practice can be long and take even over a year when no one the involved parties can not reach an agreement. For the process to be smooth and quick, all parties must agree on a way forward and accept to accommodate all suggestions without compromising the procedure. This is however not the case because each party wants the better share and care less about others.

The practice can also be slowed down when the deceased had outstanding debt to another party like a financial institution or individual person. That party will want to be repaid and this will call for an auction of the deceased assets. The assets are sold off to pay back the debt owed. This can turn to be a bitter period for those who would have otherwise inherited the property.

One should prepare to avoid this procedure, especially when one is aged or in bad shape in terms of health. This involves writing a will that will stipulate distribution of his wealth. In such a way, they ensure that their property goes to those they desire once they die. This will also prevent family chaos in battle for his wealth. This process on the other hand is not necessary when one is young or does not own much property.

The practice is important in transfer of wealth and allows the state to determine if the property was legally acquired. If not, the state can seize the estate. It also allows the state to determine if all statutory fees were paid during the deceased life time, for instance taxes due. The process is also important in paying outstanding bills and then the remainder can be given to the inheritors.

The procedure can however cause splitting of family relations when all people are not satisfied. It leads to ill feeling over the winners and can ruin relationships for ever. This is where the importance of uncontested will come in. Those who want the system to be considered should be willing to sacrifice a lot for its success.

Article Source: http://EzineArticles.com/5904983

Saturday, July 21, 2012

Keys On How To Incorporate In California

You might be questioning what is the meaning of incorporation. Incorporation is giving your business a mind of its own, an independence. When incorporated, your business becomes a legal body with its own function separate from its owners and cannot be owned by only one owner.

When incorporating a business, one should decide whether he should incorporate his business federally or provincially.

In incorporating federally, the advantages are; (a) your corporation should be able to carry on business in all provinces as long as you register your business in a province or territory where you would conduct your business in, and (b) your corporation can use the same name even if another company is already using the similar name. The disadvantages are; (a) federal incorporation is costly, and (b) there's a lot more of paper work to do annually. When incorporating provincially, your business has the right only to undergo business within the province or territory where your business is incorporated.

It depends upon the limitation of the business to be incorporated whether to choose a federal incorporation or provincial incorporation.

How to incorporate in California?

First, you should select a proper name for your corporation. Selecting a corporate name is more difficult than selecting a name for single proprietorship or partnership because it requires legal, distinctive and descriptive elements in choosing a name.

Second, prepare or print the articles relating to how to incorporate in California, the Memorandum and the Notice of Offices. The articles of how to incorporate in California sets out the rules and regulations that will govern the conduct of staffs and members of the company. The Memorandum sets out the rules for the conduct of the company. And, the Notice of Offices states the location of the two required offices for your incorporation, the registered office and the records office.

Third, file your incorporation documents and apply for incorporation. Find the Secretary of State office and take the completed forms with at least three copies. The incorporation fee in California costs $100.00 and $15.00 if you want to get it on the same day or they just mail to you the finished documents.

Fourth, the last step is to file the list of officers at the same office. As long as you know who the officers are and they know what are their duties, you just have to fill the names of the officers and their addresses. It only costs $25.00 to file this paper. Then, you could start your incorporation business at any time.

I hope this article would be helpful to those enthusiastic businessmen who want to find solutions on how to incorporate in California.

Article Source: http://EzineArticles.com/6053060

Friday, July 20, 2012

Is a Divorce Quick If It Is Uncontested?

The type of divorce that one seeks may ultimately determine how long the process takes. This can be an ugly and frustrating time in a person's life, so getting the process over as quickly as possible is often of the utmost importance to individuals in the state. If it is uncontested, in which the couple is able to agree on all terms of the settlement without either party contesting them, is often the fastest path to take for couples looking to blow through the process as quickly as possible.

Even with this type of divorce, however, legal counsel is often encouraged to ensure that both parties' rights are protected. In some cases, just one party may hire an attorney who handles the case for the couple, but it is important to understand that the attorney is working only for the party that has hired their services. It doesn't make much sense for an attorney to represent both parties involved in a legal case, does it?

For all of its simplicity, however, the uncontested process must last at least six months from the time in which the Respondent, who is served with papers filed by the Petitioning party, is served. The six month waiting period is mandatory in the State of California for all divorces. This may be unpopular among couples who want to get the process over with and done in the quickest manner possible, but the sooner they accept the time-frame the better off they'll be.

During an uncontested divorce, the couple will agree to the terms of their settlement. This includes the division of their property and assets, any spousal support and other matters. If children are involved, the couple must also agree on child support, visitation rights of the non-custodial party as well as child custody. The couple may choose the type of legal custody (joint or sole) as well as the type of physical custody (joint or sole).

The minute that one party contests any of the items in the settlement, the process becomes of the contested variety. When the couple is unable to agree on all terms of the settlement and if even one item is holding up the process, it may last for much longer. Cases which are more complicated have been known to last for years before the process is finalized. That's why uncontested is the preferred method for many couples because yes it is the quickest way to get a divorce.

Article Source: http://EzineArticles.com/5279090

Thursday, July 19, 2012

Power of Attorney - How They Vary

Power of attorney is a notarized legal form wherein the principal executes granting authority to another person to be his agent or attorney-in-fact to handle certain affairs on his or her behalf. Laws vary on who may be authorized to act as agent, usually; it is somebody the principal trusts completely. Powers of attorney may include everything from financial transactions, health care issues such as making medical decisions on behalf of the principal in case he or she became incapacitated to granting medical care to a child in case of an emergency. The power of attorney can be general, limited, or a combination of general and specific powers. Normally, people grant a power of attorney in situations where the principal cannot handle their affairs or they will be out of the country.

A special power of attorney grants the agent limited power. It is being executed to allow the agent to carry out a particular business for the principal such as signing of legal documents and authorize the agent to make a decision for the principal, from cashing government checks, to dealing with real estate transactions, in almost everything. When the agent's representation for the principal is no longer needed, the principal may cancel and/or revoke it any time.

A durable power of attorney allows agents to make decisions for the principal if he or she is not mentally competent. This gives the agent immediate power and is effective until it is revoked or maybe until death. It is often used as an advance directive. It does not become invalid by incapacitation and as a result is a good choice for people who are granting authority through a power of attorney in anticipation of physical or mental disabilities.

A nondurable power of attorney is executed by the principal to give the agent or his attorney-in-fact the immediate power to act on his behalf. Its validity remains until it expires unless revoked. If and when the principal decided to revoke the non durable power of attorney granted into the agent, a revocation of the power of attorney should be executed by the principal stating therein that it has been revoked on a date that the principal has specified.

Trust is the key in granting power of attorney to someone or to somebody that the principal can rely on. Somebody who is capable of making a sound decision for the delicate role the principal has bestowed upon him and can act accordingly as to what the principal entrusted to him. This is especially important, more so, if the principal is anticipating a quite long period for the agent to act on his behalf, rather than just for a mean while until the principal will be available. Sometimes, we really need to have somebody to act on our behalf, but then again, no matter whom the principal designates; the performance should be checked from time to time.

Article Source: http://EzineArticles.com/4035414

Wednesday, July 18, 2012

Contested Divorce Versus Uncontested Divorce - What's the Difference?

If your marriage is not working despite your efforts, then it is better to file divorce papers and separate rather than suffer. Going through a divorce is not only a traumatic experience emotionally but also extremely overwhelming due to the formalities involved. The ideal situation is that the two parties should devote time to arrive at an uncontested divorce settlement. The law provides that couples can fill out uncontested divorce forms to file their divorce papers, with or without the help of a lawyer.

Before discussing what uncontested divorce forms are all about, a few words about types and sub-types of divorce. The first step after it is decided that divorce is unavoidable and before filing divorce papers you have to decide whether it is going to be a at-fault divorce or simply on the basis of incompatibility and irreconcilable differences. Now, you may want to contest or you may want to move forward quickly and file an uncontested divorce. There is a lot of difference between these two sub-types of divorce. While contested divorce is a long drawn out legal process, filing divorce papers via uncontested divorce forms is simple and saves you the cost of an expensive lawyer.

First, a look at what you will have to go through before filing divorce papers and during divorce proceedings if you choose to contest. Before your day in court you will be required to give a reason or grounds on which you want a divorce. Further, your lawyer will require all your financial statements so as to prepare a plan. These include all your assets (pay slip, bank accounts, property, retirement plans, insurance, mutual funds et al) and liabilities (debt). Once the divorce papers are filed, lawyers representing both parties prepare a list of questions, the answers to which have to be provided. The next step before the court proceedings begin involve a deposition, usually at a lawyer's office, where each party has to depose under oath. During the deposition, each lawyer grills the other party to find loopholes with the sole aim of evading a difficulty or obligation and try to get a better deal for respective clients. And it is going to be tough.

As if this is not enough, while preparing for your day in court in court you may regret why you didn't opt to file uncontested divorce forms instead. Prepare yourself for attacks from all sides because the opposing lawyer as well as the judge will ask embarrassing questions.

You can avoid all this by filing uncontested divorce forms. The only thing that is required is that you and your spouse should be on the same page and arrive at a mutually accepted settlement. It is a small price to pay for your emotional comfort and saving your children from suffering the trauma of a fierce parental separation. Uncontested divorce forms cover every aspect and each issue involved in divorces is meticulously enumerated. These are easily available online and you can download them from a reputable divorce service. Just make sure that you get uncontested divorce forms that apply to your state.

Article Source: http://EzineArticles.com/4057472

Tuesday, July 17, 2012

Administrator Duties For Probate Estate Management

Acting as the Administrator for probate estates encompasses many duties ranging from making burial arrangements to dispersing inheritance assets. Two types of probate estates exist; testate and intestate. Testate means decedent's executed a last will and testament. Intestate refers to estates where no Will exists.

Being an Administrator can be a difficult and time-consuming task. This is particularly true when administering the estate of a spouse or direct lineage relative. In addition to coping with personal grief and administration responsibilities, personal probate representatives must also cope with grieving heirs.

With testate estates, Administrator's are appointed within the Will. When decedents die without executing a last will, a probate judge will appoint an estate executor. In most cases, judges will appoint the surviving spouse, adult children or relative. If family members are unwilling to fulfill estate duties, a probate lawyer or estate planner can be appointed to the role.

Most probate executors require legal assistance with filing documents and transferring financial holdings. This is especially true when real estate is involved or if heirs contest the Will. It is a good idea to retain the services of a neutral third party to manage estate holdings when family strife exists.

Will administrators receive compensation for estate management duties. Administrative fees are based on state probate laws and can be paid as a flat fee, hourly wage or percentage of estate value. While family members might feel awkward about receiving payment for services rendered, it is important to understand that settling an estate can require hundreds of hour's worth of work.

Common estate administration duties include: taking inventory of estate assets; obtaining property appraisals; sending out creditor notices and paying outstanding debts; managing real estate and financial portfolios; contacting government agencies such as Medicare, Social Security or Veterans Administration; filing the decedent's last will and death certificate through the probate court; filing a final tax return; and distribution of inheritance assets to heirs.

If designated probate executors are unable to take on administrative duties, they can submit a request to the court seeking dismissal. The judge will confirm another Administrator and submit appropriate documents to record the change through the court.

When executing a last will and testament, it is a good idea to appoint a first and second Administrator. If the primary executor is unable to fulfill estate duties, the second executor can quickly take over without the need for a court confirmation hearing.

The probate process begins when the decedent's death certificate is filed. Probate usually lasts between three and nine months. Much depends on court caseload, validity of the Will, value of the estate, and how well family members get along. If relatives decide to contest the Will, probate can be suspended for months or years.

Certain strategies can be implemented prior to death to avoid probate. It is strongly recommended to consult with a probate lawyer or professional estate planning service to determine which strategies will offer the most protection. Trusts are a popular choice and are used to avoid inheritance taxes. Several types of trusts exist including revocable and irrevocable trusts and life insurance trusts.

When choosing the Will administrator it is best to discuss this decision beforehand. While you may feel they are the most qualified to handle estate duties, they may have no desire to manage your estate or have obligations that would prevent them from taking on additional responsibilities.

Article Source: http://EzineArticles.com/3870236

Monday, July 16, 2012

Will Preparation - True Peace Of Mind

Will preparation? Ugly, emotionally taxing, mentally stressful, but necessary. I know this as fact:Preparing a Will is one of the cornerstones to securing your families future. We all have heard the old adage, even Forrest Gump knows this one, S&^t Happens. You can't stop it, I can't stop it or even slow it down, it's called life. It happens to us all, no one excluded. The only thing we can do is prepare for the day said "stuff" happens.

Think back in your life to the time someone left this world unexpectedly? Now, try to think a little bit deeper, and remember what their immediate family went through. Did they have the proper insurance? Did they have the finances needed to cover the costs of a funeral? Did they have a will? If not, how did the family react to that news. I have come to realize death brings out two sides in people. A will can and does protect you and your family from the darker side of human nature, among a great many other things.

Join the millions of people who have discovered this one great truth, It doesn't have to be an arduous task, rather a great relief. The positive repercussions far outweigh the negative aspect of will preparation. Peace of mind is the first one that I think of. To many times I have watched families, close families, being senselessly ripped apart over an unexpected death in the family. They are unprepared, uneducated, and/or not equipped to handle the shock of someone close to them leaving this world. With the mental stress involved compounded by enormous grief felt, and add in all the other emotions, it is no wonder people sometimes act the way they do. I do not, however, blame people per-say. We are not far removed from are base instincts, and one of those at our core is survival. The mentality that we must "take" what is ours at any cost. When confronted with such a mental and emotional blast, such as a death in the family, we tend to let instinct take over. It is for these reasons a Will is such a necessity. It will protect your assets yes, but in looking a little deeper, it may be the one thing that keeps a family A Family.

Choice! It is our given right as creatures of God. We always have choices. What we do with these choices tends to structure who we are and where we go. In a Will, it is your choices, your recommendations, your ideas being carried out even afer death. These choices you make so casually may and probably will effect many lives to come. A suggestion would be to take your time, think about your choices, write them down, and then think about them some more. Talk with your family about the possibilities of an early death and how you, as a family, can and will handle it. All of these things will better educate and prepare you for the curves we dont see in the road of life. Take from this what you will and leave the rest behind as faded memories, that is your choice. One thing I ask of you in kindness, Do not let a family members death be the death of the family. Educate then implement. Prepare then Produce. You will only be helping your family in a time when help is needed.

Article Source: http://EzineArticles.com/6406295

Sunday, July 15, 2012

Why Should You Incorporate Your Company?

There are many reasons for incorporating but the most important to consider are the benefits of incorporating and the implications that it may have for your business. A quick examination of all the benefits to be derived from incorporating will reveal that the best time is when you are actually taking your startup business from inception to reality. Consider all of these corporate advantages:
Limited Liability
Incorporating your business is really about protecting your personal assets. Anyone who starts up a business will find it taking up a major portion of their time but that doesn't mean you have to assume a total risk with everything you own. By incorporating your business you are drawing a clear line between your personal asset and the assets of the company. That way if anything should go wrong with the company, you'll still have your personal property. It's important to keep those two aspects of your life separate.
Attracting Investors
When you incorporate your business you're also telling potential investors that you're serious about your company's future. That is going to make getting money from investors a lot easier. Any investor will be taking a risk by giving you capital. You can make them feel more confident with a professional approach to your business plan through incorporation.
Tax Issues
Just as incorporating your business will protect your personal assets it can also help improve your tax filing status. With a corporation, you have the ability to defer paying taxes to a time during the fiscal year which will be more beneficial. This also applies when you accept an income. The goal should be to work with your accountant to find a proactive way to reduce your tax burden which can ultimately allow you to reinvest in the business. There are also a wide range of small business tax deductions which can help you make improvements but they would only apply to a business that has been incorporated.
Better Client Prospects
If an investor feels better investing in a corporation then a potential client will also share those feelings of confidence in your business. Incorporating your business projects a level of stability to customers. They know they're not dealing with some "fly-by-night" organization but someone who is in for the long haul of providing service.
Corporate Legacy
For all practical purposes, a corporation is a legal entity that can far outlive the lives of its founders. When you can move your company into the realm of Fortune 500 type of businesses then the hope is that they'll be around long after the original board has gone onto greener pastures. A corporation is about longevity which is exactly what you should be focused on for your new business.

Article Source: http://EzineArticles.com/7174611

Saturday, July 14, 2012

The Beauty Of Uncontested Divorce

Filing for divorce can be an unnerving time for anyone. For this first time in awhile, you will be on your own and completely responsible for yourself. A partner is not going to be there to provide financial or moral support. Those who are miserable in their marriage may view this however as a positive, as they can get their independence back. Also, some people may feel as if they have been alone for quite some time because their marriage was broken. But it's a much different ballgame when you come home to an empty house. This thought alone can be scary for people to think about.

But if you have determined that divorce is indeed in your best interest, then the first step is to decide if you will hire a lawyer or go the do-it-yourself route. The ideal path is an uncontested divorce, as contested ones can be very trying for parties and any children that are involved.

Why Uncontested?

An uncontested divorce means that both spouses agree to terms on all the issues. Both want a divorce, and want it to end on the best terms possible. They agree that the marriage isn't working out, and would rather not fight over money, child custody, visitation, alimony, property division, and so on. Uncontested divorces also get done much more quickly, and the cost is far less financially when compared to contested ones. Filling out and filing uncontested divorce papers is a highly efficient way to go about getting a divorce.

If you would like an uncontested divorce but your spouse seems to be resistant, then try to sell the idea as much as possible to him or her. Tell them that this is the best way to go for both sides. It's fast, inexpensive, and far easier for everyone involved to deal with emotionally. If they still resist, then you may have no choice but to hire a lawyer and go to court.

The Alternative

A contested divorce should be a last resort for any divorce, and most of the time the two sides can work something out on their own. But there are times when either side is unwilling to budge at all on certain issues. For instance, both sides may want custody of the children. In such a case, their really is no compromise. The problem with contested divorces however is that no one truly wins. The process is drawn out for a year or longer, which makes it emotionally draining for everyone involved.

Article Source: http://EzineArticles.com/6421544

Friday, July 13, 2012

QDRO Forms Are Required to Divide Retirement Assets, Such As Pensions and 401ks, in Divorce Cases

QDRO forms are used for the purpose of dividing retirement assets, such as a pension or 401k plan, in a divorce a proceeding. Regardless of whether you live in a community property state (for example. California) or Equitable Distribution (also known as "common law") state, such as New York, the marital portion of a retirement plan is distributable in a divorce case. State laws which define what types of property are marital, and thus subject to division in a divorce, are not preempted by ERISA. However, the ERISA preemption requires that division of retirement assets (pensions, 401k's and similar accounts) be accomplished through qualified domestic relations orders (QDRO's).

In all jurisdictions, the marital portions of pensions and other types of 401K plans are presumptively subject to division in divorce. Each year, tens of thousands of qualified domestic relations orders are approved by plans and issued by state divorce judges. If a state-specific QDRO sample is used for guidance. A valid QDRO form can be prepared quickly and easily. Upon preparation, the proposed QDRO is then submitted to the retirement plan administrator and the court, for approval.

The necessity of using a QDRO form to divide pensions, profit sharing plans, and 401k plans in divorce results from certain provisions that are contained in a federal law known as the Employment Retirement Security Act (ERISA). Until 1984, two provisions in ERISA raised questions as to whether a state court could even issue an enforceable order for the distribution of retirement benefits. These two provisions were ERISA's: (a) preemption provision, which made regulation of retirement plans a matter of exclusive federal interest; and (b) spendthrift provision, which restricted a plan participant's ability to assign his or her benefits under a pension plan covered by ERISA.

Because of concerns that ERISA's spendthrift and preemption provisions affected the validity of state court domestic relations orders (DROs), Congress enacted the Retirement Equity Act of 1984 to exempt QDRO's from those provisions. Congress provided that the spendthrift provision "shall not apply if the order is determined to be a qualified domestic relations order [QDRO]." Consistent with this language, Congress added an exception to the express ERISA preemption provision, stating that the preemption provision "shall not apply to [QDROs] " Under a QDRO, an alternative payee is treated as a plan beneficiary.

A DRO is "qualified" if it "creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a plan." The QDRO provisions define "alternate payee" to mean "any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such participant."

Valid QDRO forms are available for download. However, it is important that divorce litigants and attorneys carefully select the type of qdro template that they use based on the type of retirement plan that is being divided.

Article Source: http://EzineArticles.com/4513669

Thursday, July 12, 2012

What You Should Know About Guardianships and Conservatorships

There is a lot of fear involved when a loved one becomes unable to care for himself. Whether it is a physical problem or a mental one, the stress and concern created will not just go away. Your loved one must be cared for and protected, both physically and financially. That is why conservatorships and guardianships are so important; they establish a system that allows you to manage the affairs of another individual who cannot manage for themselves. Here is a brief overview:

Conservatorships are for people who cannot manage their financial assets for whatever reason. If your loved one is not able to manage their own financial affairs, you can be appointed as their conservator. As a conservator, you will be given trustee status, which means you can handle financial affairs for them without their pre-approval. While you will not have any power over personal care decisions, you can choose to redistribute funds, invest in stocks, and even purchase property in order to protect the financial status of the afore mentioned individual. For those with mental handicaps or Alzheimer's disease, this type of conservatorship can be extremely helpful.

However, guardianships are quite different. While in a conservatorship, you are only responsible for the financial affairs of an individual, guardianships are for those individuals who are completely incapacitated. In other words, not only do they need someone to manage their money, but they cannot be responsible for their own general health or well-being either.

Guardians can either be nominated through a will or trust document or appointed by a court of law. In either case, the guardian is then responsible for the personal and public affairs of the incapacitated individual. This means that basics like food and shelter must be provided by the guardian for the individual, as well as medical treatment, assistance in money matters, and anything else that comes up. The individual (or ward) will no longer be allowed to enter into a contract of marriage, spend their own money, or make any financial or legal decision on their own behalf.

Legally, there are many reasons why an individual could require a guardian or conservator, such as mental illness, physical infirmities, substance addictions, or abuse situations. Each person is different and any legal decisions must be considered heavily before being put into action. The results of both guardianships and conservatorships are the same, however; safety and well-being for the individual in question.

Article Source: http://EzineArticles.com/4208201

Wednesday, July 11, 2012

Incorporation 101 - Who Should Incorporate?

Doing Business The Right Way
In today's complex and competitive world there is no greater way to protect yourself and your personal assets from the threat of lawsuits than by incorporating, whether you're a small business owner with no employees, or run a serious business establishment with hundreds. Incorporating is also a simple and legal way to cut your taxes, protect your privacy, lower your audit risk, raise capital, and much more.
What is a "corporation"? Simply put, a corporation is a legal "person" created by state statute that can be used as your "shadow" for the purpose of running a business, or several businesses. This is a "person" whom you control completely, yet cannot be held accountable for its actions. Indeed, it is a powerful concept! For that reason roughly a million of corporations are formed each year, and that number is growing from year to year.
In other words, establishing a corporation can provide a simple and inexpensive foundation if you operate a business, contemplate starting a business, wish to protect your personal assets or are thinking about estate planning. It is true even if you have or plan to have a home based or part-time business!
How Can Incorporation Help Protect Assets?
We all know that in the United States the risk of a law suit is quite high, or, in other words, people love suing other people. Statistics show that an average person in the United States today goes through five lawsuits in his or her lifetime, with at least one being devastating.
Sheltering your assets from lawsuits is possible, and you must do so before a lawsuit strikes. In today's world of political and financial interests, every person is vulnerable, including yourself, and you must recognize and come to grips with that reality. Only then will you have the sense of urgency necessary to take action to protect yourself and your assets from the virtually inevitable.
REMEMBER: The law deals quite harshly with those who seek last minute transfers of assets in an attempt to defraud creditors. That means its important to realize NOW that you might run into financial problems in the future, and take appropriate action to protect your assets, while at the same time enjoying the benefits of lowered tax liability. So don't waste time and money - Incorporate or Form an LLC today!
Article Source: http://EzineArticles.com/4908052

Tuesday, July 10, 2012

HIPPA Disclosure Documents Can Save Your Family in a Medical Emergency

Are you aware of the medical privacy laws?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, the Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. These laws definitely protect your privacy, but they can as well keep your family from getting medical information on you in the event of an emergency. Even a spouse or eighteen year old child, without proper paperwork in place can leave you in the dark as far as their medical condition.

An example of a situation would be a spouse traveling on business to another city in the state, with a three hour drive from your home. He gets in an auto accident on the way home and is transported unconscious to the nearest hospital and is being attended by the best medical personal.

You are notified by the police that your spouse has been taken to their local hospital. You are very upset and want to know your spouse's condition; you call the hospital to ask what is happening to him. The nurse in the hospital cannot release any medical information to you unless you have a HIPAA disclosure document executed by your spouse allowing you to know his medical information.

Now you are very nervous and you do not know anything about your spouse's condition. You decide to drive to the hospital, a three hour drive, and the entire drive you do not know anything that is going on. Fortunately, when you get to the hospital your spouse is out of surgery and conscience. You spouse can now authorize you with the doctors to allow you to know their medical situation.

HIPAA protection protects everyone over the age 18 (your son or daughter even while in college) from disclosing your medical information. Please consider getting the appropriate paperwork in place before you your family members have a condition that can because you stress during medical emergencies. Get a HIPAA disclosure document executed on each family member at minimum if they want to have you know about their medical condition.

For a more complete protection there are three documents that can be easily executed for each family member that can properly protect your family for most common situations.

1. HIPAA Disclosure Document - Specifies who can be disclosed your medical information.
2. Medical Power of Attorney - Specifies who can make medical decisions on your behalf.
3. Living Will - Specifies your wishes regarding prolonging life medical treatments

The safe way to generate these three documents is work with your family lawyer to have them drawn up properly for your state. Please keep an electronic copy of the executed document in your email to ensure that you can get access to it when you need it or are not prepared to use it.

Avoid undue stress during an emergency, make sure you understand the HIPAA laws and prepare your family to work with the laws by having your documents in place.

Article Source: http://EzineArticles.com/3474386

Monday, July 9, 2012


If you are having to go through the Probate Process with the court, let BY THE PEOPLE help.

We may be able to assist you in representing yourself, by preparing the documents needed, filing the paperwork with the court, setting court dates, arranging for publication, and many other steps needed to complete the process.

Our fees are 1% of the value of the estate (up to $3,500.00). Any fees for the courts, probate referee, publication will be extra.

Give us a call! 707.428.9871

Sunday, July 8, 2012

A Living Will - Your Medical Directive

How do you feel about life-support systems for the terminally ill? How much thought have you given to the decisions your family may face when contemplating the choice of maintaining or terminating life-sustaining medical treatment for you? Certainly, it is an easy subject to avoid considering. However, it is important to recognize there are measures you can take now that can help solidify your thoughts and wishes on the subject, thus providing your loved ones with guidance in the event such decisions become necessary.
A Closer Look
At the present time, nearly all states have passed some form of law dealing with the requirements for living wills or health care proxies. While a health care proxy allows you to appoint someone to make decisions on your behalf, a living will generally allows you to specify the particular types of treatment you would like to have provided or withheld. Each state has its own set of requirements.
A living will is a medical directive - written in advance - that sets forth your preference for treatment in the event you become unable to direct care. The document may be drafted to include when the directive should be initiated and who has the decision-making responsibility to withdraw or withhold treatment. In addition to allowing respect for your wishes, the living will can help alleviate feelings of guilt or uncertainty experienced by those faced with the responsibility of making important decisions for loved ones.
The Patient Self-Determination Act
A far-reaching federal law, known as the Patient Self-Determination Act, requires all health care providers that receive Medicare and Medicaid to inform everyone over age 18 of their right to determine how they want to deal with this issue and whether they want to fill out a living will. If you have received information on this subject, it's no coincidence, since the law also requires increased emphasis on community outreach and education.
This law impacts virtually every hospital, nursing home, and health maintenance organization (HMO) throughout the country. It is important to note that the law does not mandate that health care providers require their patients have a living will. Instead, it stipulates that health care providers must provide written information about the patient's rights to make decisions about medical treatment, including the right to make an advance determination about life-sustaining medical treatment, and record whether the patient has done so.
At the present time, it appears most of these organizations have determined this question can most appropriately be handled when a patient is admitted. Therefore, the next time you are admitted to a hospital-even for something as minor as having a mole removed-don't be surprised if you are given information about these rights and are asked to fill out a form that asks whether you currently have a living will or wish to have one.
The living will is a legal document and each state has its own specific requirements. A qualified legal professional can help you understand the benefits of a living will and what has to be done to assure its validity.

Article Source: http://EzineArticles.com/7064617

Saturday, July 7, 2012

5 Reasons Why You Need A Living Will

Many people think a living will is not something they need unless they reach senior citizen age. However, this could not be further from the truth and you could end up seriously regretting not taking the time to make one out. Life is unpredictable and often uncontrollable which is enough reason for adults of any age to invest in a life will in order to protect themselves when bad fortune arises. Below are five reasons every adult should take the time to make out a living will no matter how old they are.
1. Protects You When You No Longer Can Communicate
The most advantageous part of having a living will is that it protects you in a future situation in which you no longer can communicate your wishes. If something was to happen the medical professionals in charge of treating you have a big say in what happens to you once you are in a state in which you cannot communicate what you want to be done.
2. Prevents Major Arguments Between Family Members
Having a living will prevents major arguments between family members when the decision is not up to the medical professionals in charge. The other people that have a say in what happens to you are your family members. If they disagree on what should be done with you it can cause relationship ending arguments between members of your family. This is the last thing you want happening during such a tough and difficult time. With a living will it will be your choice and no one else's. This will eliminate any argument or debate as to what should happen to you.
3. Gives You Control Over Medical Treatments/Procedures
A living will also gives you control over what medical treatments and procedures take place in a situation where you are ill to the point of not being able to communicate. In this situation a living will orders doctors to fulfill your wishes in writing. This way you take the decision out of their hands.
4. Reduce Potentially Unwanted Medical Bills for Your Family
In the situation that you get into an coma or vegetative state, a living will decides exactly what is done with you. Many people would rather die than live an additional 20 years on life-support. The reason being is because if they are on life support it will rack up enormous medical bills in which their family will have to pay. If you do not specify this, then your family may be left paying insurmountable medical bills. If you do not want to see something like this happen then you need a living will that specifies exactly what you would like to happen in a given situation.
5. Gives You Peace of Mind
Last of all, making out a living will give you peace of mind. These are designed to give you the control to prevent more bad things from happening in tragic situations. Tragic situations are hard enough and you want to know that your family as well as yourself will be taken care of properly in such a situation.
The last thing you want to do is be lazy and end up giving people outside of your family control over what happens to you under bad circumstances. Get your living will made today. It is so easy to put off but it is probably one of the best decisions you can make.

Article Source: http://EzineArticles.com/7147281

Friday, July 6, 2012

Durable Power of Attorney Info

The durable power of attorney (POA) is a legal form, which can be used by a competent adult to appoint another person to act as their agent to manage their financial affairs. It's 'durable' because it stays in full effect even if you become disabled. Usually at inopportune times would be when you need your agent the most, that's why this legal form was created. Unlike a general POA it won't be inoperative when the principal, person who made the poa, becomes disabled. Although the agent has this power, he must operate under the terms, conditions, limitations, and guidelines outlined in the durable POA.

If you were ever to become disabled, for any reason during your lifetime and did not have a durable power of attorney then you have just missed your chance to appoint an agent. The only way some one could be appointed to act on your behalf is if your local Probate Court was requested to appoint someone. These proceedings are called 'Guardianship proceedings' or 'Conservatorship proceedings'. Unfortunately, this process is expensive and time consuming. That's why most people decide they don't want the court to be able to intervene, they want to be able to choose their own agent they trust, and that's why they fill out a durable poa.

Another advantage to having a durable power of attorney is that it can be used to protect your assets. When a disabled person enters a nursing home that did not take steps to shelter some of their assets, then all of the assets could be exposed to being used to pay for the nursing home care. Under the current law, up to one half of those assets could be transferred or gifted and thus sheltered by using a properly drawn up durable poa that permitted gifting. Without a durable poa with gifting provisions then it's unlikely a disabled person will be able to protect any of their assets if they're emitted to a nursing home.

Defining the agent's authority is completely up to the principal. Under the durable power of attorney, the principal can make the agents authority as broad or as limited as they wish. A typical form will be drawn up giving broad authorities so that the agent can manage any and all financial affairs. Other principals may only want their agents to handle certain assets or follow a specific wish, that's perfectly ok too. As an example you may give your agent the power to handle your stocks, bonds, banking, insurance, and tax matters or other matters on your behalf.

Sometimes a durable power of attorney will have more than one agent. You must decide if they will act independently or decide on issues together. Most people believe its better allow them to act independently to avoid conflicts and court battles that could delay a decision. Or, instead they will name their second agent as an alternative in case something happens to the primary agent.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you're seeking legal advice.

Article Source: http://EzineArticles.com/1486006

Thursday, July 5, 2012

When Is Probate Required? - Five Reasons To Go To Probate Court

Will I have to go to probate court? When is probate required? These are common questions people have when someone passes away. Probate laws vary from state to state so it is always a good idea to consult with probate attorneys about whether or not you need to attend probate court. But here is some basic information to help you determine if probate is required. 

What is Probate?

In short, probate is the transfer of person's assets after they die. Probate is the legal process of distributing the assets and estate of a deceased person. This includes resolving all issues of probate property like taxes, insurance, title, and paying creditors for any outstanding money owed by the deceased. Probate is usually applied to large estates or significant sums of money. Assets eligible for probate varies from state to state, country to country. You have to check for specific probate laws or with a probate lawyer in your region to determine if the deceased's assets were significant enough to warrant a probate.

What is Probate Court?

Probate court is a surrogate court that interprets the will and appoints the executor. Probate judges the validity of claims made against the estate through heirs and beneficiaries as well as taxes and debts. Further reading about probate laws is available at ObituariesHelp.org

When is Probate Required?

There really are only five reasons why you'd have to go to probate court to either make your claim on the deceased's assets or to prove that you are a legal beneficiary. If any one of the following applies to you or to the deceased, then you might want to consult a probate attorney.

1. Probate court is necessary if the will is deemed invalid for one of these reasons:

* Improper Execution - it wasn't written clearly or it was not a legal will.
* Mental Incompetence - the deceased was not mentally competent when he or she made up the will so their decisions are questioned.
* Undue Influence - the deceased was under duress when he or she wrote up the will.

2. Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate.

3. Probate is required if the assets were owned solely by the deceased. If there were no other owners or designates of the property or asset, then in most cases the property will have to be probated to get it out of the deceased's name and into the beneficiary's name.

4. Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. What this means if the deceased owned property jointly with another person, such as in the case of a common law marriage, then probate is required to ensure that the deceased's share of the property is properly distributed to legal heirs.

5. Probate is required if there are no designated beneficiaries or if all of the beneficiaries have predeceased the decedent. In the case of life insurance policies, retirement funds or certain savings accounts, beneficiaries are usually named. But if all the named beneficiaries have passed away or if the deceased didn't name beneficiaries, then probate is required to transfer the money or title to the beneficiaries.

One thing to remember about knowing when is probate required? Probate is required if there are significant assets to be distributed or creditors to be paid outside of what is legally stated in the will or if there is no will at all. If any of these five reasons apply to you or your situation, you can expect that probate is required and you'll have to appear in probate court.

Article Source: http://EzineArticles.com/2239636

Do you need help with probate paperwork? BY THE PEOPLE is a Document Preparation Service located in Fairfield, California available to help you represent yourself in many uncontested legal matters.
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