Saturday, October 24, 2020

Conservatorship Information



A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Thursday, October 22, 2020

The Advantages of an Uncontested Divorce


Many states these days give couples the ability to go through a simple uncontested divorce. In fact, this is the way most couples do divorce. It's relatively simple and inexpensive, and it preserves both parties' dignity and privacy.

Divorce is expensive no matter how you slice it, but if you do need to get a divorce, an uncontested divorce will let you save yourself time and money, and as much heartache as possible. This situation is difficult enough, and you don't have to make it more difficult to make the divorce itself contentious unless it's absolutely necessary to do so.

If there are particularly contentious issues in your marriage still to be resolved (such as child custody), then an uncontested divorce may not be the way to go, since of course you'll need to make sure your rights and those of your children are taken care of. In fact, in some states, if there are children involved, an uncontested divorce may not even be an option for you.

However, if you and your soon-to-be ex-spouse are on relatively good terms and simply need not to be married anymore, and if issues such as child custody are already worked out between you, then an uncontested divorce is going to be easier for everyone. Yes, the process of getting divorced is still painful, but an uncontested divorce makes it as simple a process as possible, too.

Privacy is also an issue with divorce. The disclosures you make to each other don't have to be a matter of public record unless you each want them to be if the divorce is uncontested. The agreement you make will have to be a matter of public record, but only that. By contrast, contested divorce is likely to have every single little nuance of the divorce a matter of public record simply because spouses in a major battle with each other make such things a matter of public record. So if you want to protect your privacy, work out the details of the divorce between you and simply make the final agreements a matter of public record, not every little discussion you to have had as well. This is easier on your children, too.

If you think you can't negotiate an uncontested divorce with your spouse, that's fine. Perhaps you can't. However, make sure that your spouse and you are both aware of the problems an uncontested divorce can help you avoid. It may very well be that simply faced with the differences in navigating through a contested divorce versus an uncontested one will convince the spouse who doesn't want the uncontested divorce to go through with it.

Now, it should be noted that you don't have to agree as to why the divorce is happening to make it uncontested. You only have to agree on the terms of the divorce to make an uncontested divorce possible. Therefore, at first blush, it may certainly be true that you think you cannot manage an uncontested divorce. However, after a bit of time has gone by and tempers have cooled, you may think that having an uncontested divorce is best for you after all. Think about it, think about the cost both financially and to your children, and then decide whether or not an uncontested divorce is your best bet.


Article Source: http://EzineArticles.com/expert/Jon_Arnold/41272

Article Source: http://EzineArticles.com/1462471

Tuesday, October 20, 2020

Power of Attorney



Rene at By the People in Fairfield CA talks about just some of the reasons for a need for a Power of Attorney. These documents can be really important aids in helping loved ones.

For any questions about the types of Power of Attorney, and what may be beneficial for your individual needs, call Rene or Tammy at 707-428-9871 and visit the website at http://www.bythepeopleca.com

Sunday, October 18, 2020

Thursday, October 15, 2020

The Benefits of Legal Separation


Legal separation and divorce are very similar and they hold basically the same legal functions except for the fact that with a separation, you do not terminate your marital status. When a couple decides to become legally separated, it is not merely a verbal agreement. They can't simply say that they are not in love anymore and one of them will move out of the family home. Instead, they must go through the same process as couples who wish to undergo a divorce.

In a legal separation, the same issues will be addressed as in the termination of a marriage. The couple will have to sort out issues relating to asset division, property division, child support, child custody, visitation and spousal support payments (if there are any). The couple will also have to decide who will pay which debts as well.

There are a number of reasons why parties choose this rather than divorce, and the reasons are usually personal. People can choose separation for religious reasons, personal beliefs, health insurance concerns, or other financial reasons.

Oftentimes couples will decide to remain married for one of two reasons: either for the sake of their children or for a financial reason. For example, if a non-employee spouse has a pre-existing medical condition or some other serious medical condition; they may need to stay on their spouse's medical insurance so they can keep getting necessary medical care.

In some cases, the couple may need to remain legally wed until they reach the ten-year deadline for certain Social Security benefits. This holds true for the ten-year deadline for military enforcement advantages or, the twenty-year deadline for PX and commissary benefits.

There are another substantial benefit and reason why people choose legal separation and it has nothing to do with health insurance or money. They may be unsure if they really want to end their marriage; therefore, the time apart offers them a "cooling off" period where they can have time to think about what they really want. They may realize that they really do love each other, and later decide that they want to get back together. It's a lot easier to get back together after legally spending time away from one another as opposed to having to go through the process of remarrying.

Religion and culture can play a significant role in why couples decide to separate instead of divorcing altogether. In certain religions, divorce carries a negative stigma that many couples wish to avoid. With legal separation, the couples can enjoy all the material benefits of a divorce without having to deal with the negative stigma attached. Separation does not allow for remarriage unless the marriage is terminated through a divorce, but it can be assumed that people who part for religious reasons don't plan to remarry anyway.

In many cases, it is more affordable for the spouses, especially when the dependent spouse relies heavily on their spouse for medical insurance. When you factor in the quality of life enjoyed through the marriage, along with how much money it would cost for the dependent spouse to take out their own medical coverage (similar to what their spouse has been carrying), then it can be reflected in the alimony payments. Sometimes it is less expensive and allows the dependent spouse to remain on the health insurance, as opposed to paying them larger alimony payments, thus saving the expense for both parties.

Getting a separation in California does require some legal paperwork and going through the court system. The same as in a divorce, you want to have a qualified attorney representing your best interests when handling important matters such as child custody, child support, asset division, property division, and possibly spousal support payments. If you would like to enjoy the benefits of a legal separation, contact a skilled and knowledgeable divorce attorney without delay!

Article Source: http://EzineArticles.com/expert/Gary_D_Dabbah/1201035

Article Source: http://EzineArticles.com/6612183

Tuesday, October 13, 2020

How To Divorce Peacefully


Divorce is never easy but there is no reason for it to destroy both of you. Watch this video as Dr. Paul Jenkins enlightens you to go to a better option of having your divorce peacefully and specific ways on how you can do it.

Sunday, October 11, 2020

Features of a Revocable Living Trust


Financial advisor Ric Edelman discusses why a revocable living trust is a key part in the estate planning process.

Thursday, October 8, 2020

How Does a Trust Work?


A trust may not be right for everyone, but they may play a key role in proper estate planning!

Tuesday, October 6, 2020

The Top 5 Effects Of Divorce On Children


We all know that eventually some people grow apart, and eventually end up in divorce. It may be a sad time but sometimes it is for the best. But what about the children? What happens to them and what are the effects of a divorce on them? Let's talk about that in today's episode.

Friday, October 2, 2020

Living Wills and Advance Directives for Medical Decisions


Living wills and other advance directives are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself. Advance directives guide choices for doctors and caregivers if you're terminally ill, seriously injured, in a coma, in the late stages of dementia or near the end of life.

Advance directives aren't just for older adults. Unexpected end-of-life situations can happen at any age, so it's important for all adults to prepare these documents.

By planning ahead, you can get the medical care you want, avoid unnecessary suffering and relieve caregivers of decision-making burdens during moments of crisis or grief. You also help reduce confusion or disagreement about the choices you would want people to make on your behalf.

Power of attorney

A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy.

Depending on where you live, the person you choose to make decisions on your behalf may be called one of the following:

  • Health care agent
  • Health care proxy
  • Health care surrogate
  • Health care representative
  • Health care attorney-in-fact
  • Patient advocate

Choosing a person to act as your health care agent is important. Even if you have other legal documents regarding your care, not all situations can be anticipated and some situations will require someone to make a judgment about your likely care wishes. You should choose a person who meets the following criteria:

  • Meets your state's requirements for a health care agent
  • Is not your doctor or a part of your medical care team
  • Is willing and able to discuss medical care and end-of-life issues with you
  • Can be trusted to make decisions that adhere to your wishes and values
  • Can be trusted to be your advocate if there are disagreements about your care

The person you name may be a spouse, other family member, friend or member of a faith community. You may also choose one or more alternates in case the person you chose is unable to fulfill the role.

Living will

A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation.

In determining your wishes, think about your values. Consider how important it is to you to be independent and self-sufficient, and identify what circumstances might make you feel like your life is not worth living. Would you want treatment to extend your life in any situation? All situations? Would you want treatment only if a cure is possible?

You should address a number of possible end-of-life care decisions in your living will. Talk to your doctor if you have questions about any of the following medical decisions:

  • Cardiopulmonary resuscitation (CPR) restarts the heart when it has stopped beating. Determine if and when you would want to be resuscitated by CPR or by a device that delivers an electric shock to stimulate the heart.
  • Mechanical ventilation takes over your breathing if you're unable to breathe on your own. Consider if, when and for how long you would want to be placed on a mechanical ventilator.
  • Tube feeding supplies the body with nutrients and fluids intravenously or via a tube in the stomach. Decide if, when and for how long you would want to be fed in this manner.
  • Dialysis removes waste from your blood and manages fluid levels if your kidneys no longer function. Determine if, when and for how long you would want to receive this treatment.
  • Antibiotics or antiviral medications can be used to treat many infections. If you were near the end of life, would you want infections to be treated aggressively or would you rather let infections run their course?
  • Comfort care (palliative care) includes any number of interventions that may be used to keep you comfortable and manage pain while abiding by your other treatment wishes. This may include being allowed to die at home, getting pain medications, being fed ice chips to soothe mouth dryness, and avoiding invasive tests or treatments.
  • Organ and tissue donations for transplantation can be specified in your living will. If your organs are removed for donation, you will be kept on life-sustaining treatment temporarily until the procedure is complete. To help your health care agent avoid any confusion, you may want to state in your living will that you understand the need for this temporary intervention.
  • Donating your body for scientific study also can be specified. Contact a local medical school, university or donation program for information on how to register for a planned donation for research.

Do not resuscitate and do not intubate orders

You don't need to have an advance directive or living will to have do not resuscitate (DNR) and do not intubate (DNI) orders. To establish DNR or DNI orders, tell your doctor about your preferences. He or she will write the orders and put them in your medical record.

Even if you already have a living will that includes your preferences regarding resuscitation and intubation, it is still a good idea to establish DNR or DNI orders each time you are admitted to a new hospital or health care facility.

Creating advance directives

Advance directives need to be in writing. Each state has different forms and requirements for creating legal documents. Depending on where you live, a form may need to be signed by a witness or notarized. You can ask a lawyer to help you with the process, but it is generally not necessary.

Links to state-specific forms can be found on the websites of various organizations such as the American Bar Association, AARP and the National Hospice and Palliative Care Organization.

Review your advance directives with your doctor and your health care agent to be sure you have filled out forms correctly. When you have completed your documents, you need to do the following:

  • Keep the originals in a safe but easily accessible place.
  • Give a copy to your doctor.
  • Give a copy to your health care agent and any alternate agents.
  • Keep a record of who has your advance directives.
  • Talk to family members and other important people in your life about your advance directives and your health care wishes. By having these conversations now, you help ensure that your family members clearly understand your wishes. Having a clear understanding of your preferences can help your family members avoid conflict and feelings of guilt.
  • Carry a wallet-sized card that indicates you have advance directives, identifies your health care agent and states where a copy of your directives can be found.
  • Keep a copy with you when you are traveling.

Reviewing and changing advance directives

You can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies and destroy all old copies. Specific requirements for changing directives may vary by state.

You should discuss changes with your primary care doctor and make sure a new directive replaces an old directive in your medical file. New directives must also be added to medical charts in a hospital or nursing home. Also, talk to your health care agent, family and friends about changes you have made.

Consider reviewing your directives and creating new ones in the following situations:

  • New diagnosis. A diagnosis of a disease that is terminal or that significantly alters your life may lead you to make changes in your living will. Discuss with your doctor the kind of treatment and care decisions that might be made during the expected course of the disease.
  • Change of marital status. When you marry, divorce, become separated or are widowed, you may need to select a new health care agent.
  • About every 10 years. Over time your thoughts about end-of-life care may change. Review your directives from time to time to be sure they reflect your current values and wishes.

Physician orders for life-sustaining treatment (POLST)

In some states, advance health care planning includes a document called physician orders for life-sustaining treatment (POLST). The document may also be called provider orders for life-sustaining treatment (POLST) or medical orders for life-sustaining treatment (MOLST).

A POLST is intended for people who have already been diagnosed with a serious illness. This form does not replace your other directives. Instead, it serves as doctor-ordered instructions — not unlike a prescription — to ensure that, in case of an emergency, you receive the treatment you prefer. Your doctor will fill out the form based on the contents of your advance directives, the discussions you have with your doctor about the likely course of your illness and your treatment preferences.

A POLST stays with you. If you are in a hospital or nursing home, the document is posted near your bed. If you are living at home or in a hospice care facility, the document is prominently displayed where emergency personnel or other medical team members can easily find it.

Forms vary by state, but essentially a POLST enables your doctor to include details about what treatments not to use, under what conditions certain treatments can be used, how long treatments may be used and when treatments should be withdrawn. Issues covered in a POLST may include:

  • Resuscitation
  • Mechanical ventilation
  • Tube feeding
  • Use of antibiotics
  • Requests not to transfer to an emergency room
  • Requests not to be admitted to the hospital
  • Pain management

A POLST also indicates what advance directives you have created and who serves as your health care agent. Like advance directives, POLSTs can be canceled or updated.

Article Source: https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/living-wills/art-20046303

Thursday, October 1, 2020

What is a Living Trust?


A living trust, created while you're alive, lets you control the distribution of your estate. You transfer ownership of your property and your assets into the trust. You can serve as the trustee or you can select a person or an institution to be the trustee.

Monday, September 28, 2020

What Are Advance Directives?


See a description of 4 advance directives which are important to have as one ages.

Saturday, September 26, 2020

Living Trust and Wills - By the People


Living Trust or a will? Rene talks about some of the differences and what sets one apart from the other to help you make the best decision for your needs. Call Rene or Tammy at 707-428-9871 with any questions you may have, and see their website at http://www.bythepeopleca.com

Wednesday, September 23, 2020

Monday, September 21, 2020

How Can Someone Protect Their Credit Rating as They Go Through Divorce?


I’m concerned that my credit is going to be affected as I go through my divorce. What can I do to protect myself?

BY THE PEOPLE in Fairfield, CA can help with Uncontested Divorce or Legal Separation. For couples who can resolve their own asset and debt division and/or child issues, BY THE PEOPLE can prepare all of the necessary documents for you to obtain your divorce. We also do all of the filing and procedural work throughout the process. 

Saturday, September 19, 2020

Do I Need Two Trusts for My LLC if I'm Married? | Mark J Kohler


Mark breaks down an important question about integrating your Estate Planning with your LLC and Business Planning. Married...2 trusts or 1 Joint Revocable Living Trust.

Thursday, September 17, 2020

The 40 Do’s and Don’ts During a Divorce


After counseling hundreds of clients through the divorce process – and having experienced it as a child and adult myself – I have seen the good, the bad, and all the ugly. Too many times in the midst of divorce, unresolved anger takes over a person’s behavior and they become something that they usually are not. This can happen to the nicest of people; no one is free from the temptation of hurting their Soon-To-Be-Ex (STBE) as much as, if not more than, they have already hurt them.

To help keep things civil as possible, I have compiled a list of “do’s” and “don’ts” as a reminder of what ethical behavior during a divorce looks like.

Do:
  1. Spend this time working on yourself instead of focusing too much on the other person. This way you are better prepared to be without your STBE.
  2. Stop arguing with them and yourself. Remember, you are getting a divorce for a reason.
  3. Eliminate emotional, verbal, and physical intimacy from the relationship to prevent as much confusion as possible.
  4. Respect your STBE’s physical personal space as if the two of you were strangers.
  5. Answer only the question your STBE asks you. Try to prevent expanding the conversation in a way that will only cause further harm.
  6. Have one or two good friends that support you in this process. Just like with any trial life throws at you, a support system is essential to keep you secure.
  7. Respect new boundaries of ‘This is my space and that is yours’. Crossing those newly set lines will only lead to greater conflict.
  8. Discuss any and all surveillance with your attorney. Try to keep the process legal to benefit both you and your STBE in the long run.
  9. Make sure to have a witness with you when speaking with your STBE if you feel unsafe.
  10. Think of divorce as a business transaction instead of an emotional one. As difficult as it may be, by eliminating those emotional aspects you are more capable of cleanly handling the process.
  11. Allow your attorney to mediate as a way to help navigate through any tricky areas of marital dispute.
  12. Communicate strictly via text message or email as best you can. This will help maintain a healthy barrier between you and your STBE.
  13. Communicate to your STBE only what is necessary or needed. Allowing any extra interaction has the potential to complicate the situation exponentially.
  14. If you have children, all kid transitions must take place in a safe location.
  15. Remember to consider that your kids are ½ you and ½ your STBE, so even in the trickiest situation treat your STBE with respect. This will not only set an excellent example for your children, but it will also minimize any trauma from the divorce that they may be going through.
  16. Always answer only the questions your kids ask about the divorce, don’t elaborate. Providing details can be unnecessarily painful for you and your children.
  17. Reach out to your kids daily when you are not with them. It is important to keep strong lines of communication to let your children know that they still have you as a source of love and support.
  18. Give your STBE the first right of refusal when caring for the kids.
  19. Have a standard line as the reason for the divorce that doesn’t cause shame or embarrassment for you, your STBE, and/or your kids that you can use as a public or general response. Remember, you’re trying to make it through this process as painlessly as possible, so don’t put your family through any unnecessary negative attention.
  20. Remember your code of conduct and act accordingly. You are representing yourself, and your behavior is a significant reflection of who you want to become by the end of the divorce process.
Don’t:
  1. Focus so much on your STBE that you neglect self-care. Your top priority must be taking care of yourself.
  2. Belittle your STBE or try to instigate them: this is a sad reflection on your character and can cause further aggravation.
  3. Have sex with your STBE: this only confuses them, yourself, and the situation – even if you tell yourself “it doesn’t mean anything” or “it’s the last time.”
  4. Hit any part of your STBE, push or shove, verbally threaten harm, throw things, or block your STBE from leaving. This will only provide more for them to potentially use against you throughout the process.
  5. Overuse texting or emailing just to point out the flaws in your STBE. At this point, it is useless to point fingers and only adds stress and anger where it’s not needed.
  6. Undermine your STBE’s friendships or try to alienate them from family. You need to start focusing on you and becoming negatively and overly involved in your STBE’s life will not help you accomplish that.
  7. Go rifling through your STBE’s stuff. Nothing you will find will satisfy what you are feeling – that is something you have to do on your own.
  8. Track your STBE or record their conversations without permission. This is a violation of privacy that will inevitably make the entire situation worse.
  9. Be alone with your STBE, if at all possible. Just like emotional interaction and sex, this will make moving on and a cleaner divorce less of a possibility.
  10. Let your emotions override your logic during the divorce. It’s easy to get caught up in your head and what your feeling during this process, but to remain healthy and stable for yourself and your children, you must be able to be objective.
  11. Rehash reasons for getting a divorce. Both you and your STBE know why the divorce is happening – reopening old wounds can only cause further harm.
  12. Communicate verbally unless the communication is about the kids. With such a sensitive topic, keeping it as business-like as possible will benefit all parties.
  13. Send excessive text messages or emails for any reason. Try to limit them to a few per day at the absolute most.
  14. Ask your kids, instead of your STBE, to modify any transitions involving them. This will help to limit contact.
  15. Bad ever mouth your STBE in front of your kids. Your STBE is still their parent and creating a toxic relationship between them and the STBE is never healthy.
  16. Talk to the kids about the specifics of the divorce, money, separation of assets, or support. Try to limit anything you tell to just what is necessary.
  17. Keep your kids from speaking to your STBE when they are with you. Just because your contact with them must be limited, doesn’t mean the kids should feel pressured into cutting contact with them as well.
  18. Supervise your kid’s communication with your STBE. Make sure your STBE is respecting any boundaries that the two of you made for when it comes to communicating with your children.
  19. Spread rumors about your STBE. Often, you end up only hurting your kids and you looking petty in the process.
  20. Lose your values, morals, or ethics during the divorce. Always hold fast to what you stand for, and do not let the process of divorce negatively dictate your behavior.
Following these guidelines won’t guarantee a favorable outcome during your divorce – every situation and process is different. However, sticking to these basic rules will help you ensure that you do not lose yourself amidst the chaos of the process.

Tuesday, September 15, 2020

9 Reasons Why You Should Consider A Living Trust

Photographer: Krisztian Bocsi/Bloomberg

Clients often think trusts can do everything – as if they are magical creatures – the unicorn of estate planning. All their problems are solved because they have a trust. That may be the case, but it may not. Different trusts do different things.

Living trusts are often the topic of small talk at social gatherings or on the golf course, but not many people know what they actually do. They are “living” because they are created now, while you are alive. You sign it and it becomes an enforceable document. Your living trust can be revocable or irrevocable. A revocable trust can be revoked or amended by you. An irrevocable trust cannot be changed by you once it is signed. Because an irrevocable trust cannot be changed, you want to be extra careful to understand its terms. The vast majority of people will start with a revocable trust.

A typical estate plan includes a will that “pours over” your assets to a revocable trust. On your death, any assets in your name alone will become part of your estate. Your will then directs the executor of your estate to hand them over to the trustee of your trust to administer them.

For estate planners, this is where it gets fun. A trust can address many issues, depending on the trust language. Below are nine things you can do with a living trust.

  1. Reduce estate taxes. If you are married, the trust can provide for estate tax savings. In Massachusetts, for example, a properly drafted and administered trust can save a couple approximately $100,000 in estate taxes on the death of the second spouse.
  2. Protect minor children. A trust can hold the money for minor children until they are responsible enough to manage the money themselves. Many clients prefer to give the children access to the monies staggered over a period of time i.e. at ages 25, 30 and 35.
  3. Save your grown-up kids from themselves. If your child will most likely not ever be able to manage the money himself due to a drug or alcohol issue, or because he is just bad with money, the trustee can hold the money in trust for your child’s lifetime and distribute it as needed.
  4. Keep your assets in the family. If your child is getting married and you do not like her fiancé, you should have a trust. In the event they divorce, you do not want half your assets winding up with your ex-son-in-law.
  5. Take the sting out of the fling. If you are concerned that in the event of your untimely death, your grieving spouse will take up with the pool boy, or the cocktail waitress at the country club, putting the assets in trust with a professional trustee will make sure your spouse does not take all the money and give it to his or her latest fling.
  6. Avoid probate. If you put your assets in the trust during your lifetime instead of relying on your will to do that when you die, you can avoid probate. It is not difficult to do – you need to transfer ownership from your regular “Mary Smith” bank account to a “Mary Smith, Trustee of The Mary Smith Trust” account – and an experienced financial advisors or lawyer can assist you with this.
  7. Ensure your family’s privacy. If you have a will that is probated, it will become a matter of public record along with certain other information such as the value of your assets, and often, an inventory listing your assets. A living trust, on the other hand, is a private document.
  8. Protect yourself while you are alive. If you fund the trust during your lifetime and later become incapacitated, the successor trustee will be able to manage the trust assets for your benefit. This is important for people who are single, and for those who do not have children. You want a trust in place that will provide for you in the event you are unable to make decisions for yourself.

While I often tell clients that trusts are not the Pepto-Bismol of the estate planning world, the reality is most people can benefit from a living trust. Talk to your lawyer about whether a living trust can indeed help ease your estate planning heartburn.

Article Source: https://www.forbes.com/sites/christinefletcher/2018/08/16/9-reasons-why-you-should-consider-a-living-trust/amp/

Sunday, September 13, 2020

Children and Divorce


For children, separation and divorce can be an especially sad, stressful, and confusing time. But there are ways to help your kids cope with the upheaval of a breakup.

Helping your child through a divorce
A separation or divorce is a highly stressful and emotional experience for everyone involved, but children often feel that their whole world has turned upside down. At any age, it can be traumatic to witness the dissolution of your parents’ marriage and the breakup of the family. Kids may feel shocked, uncertain, or angry. Some may even feel guilty, blaming themselves for the problems at home. Divorce is never a seamless process and, inevitably, such a transitional time doesn’t happen without some measure of grief and hardship. But you can dramatically reduce your children’s pain by making their well-being your top priority.

Your patience, reassurance, and listening ear can minimize tension as your children learn to cope with unfamiliar circumstances. By providing routines your kids can rely on, you remind them that they can count on you for stability, structure, and care. And by maintaining a working relationship with your ex, you can help your kids avoid the stress and anguish that comes with watching parents in conflict. With your support, your kids can not only successfully navigate this unsettling time, but even emerge from it feeling loved, confident, and strong—and even with a closer bond to both parents.

How to tell kids about divorce
When it comes to telling your kids about your divorce, many parents freeze up. Make the conversation a little easier on both yourself and your children by preparing what you’re going to say before you sit down to talk. If you can anticipate tough questions, deal with your own anxieties ahead of time, and plan carefully what you’ll be telling them, you will be better equipped to help your children handle the news.

What to say and how to say it
Difficult as it may be, try to strike an empathetic tone and address the most important points right up front. Give your children the benefit of an honest—but kid-friendly—explanation.

Tell the truth. Your kids are entitled to know why you are getting a divorce, but long-winded reasons may only confuse them. Pick something simple and honest, like “We can’t get along anymore.” You may need to remind your children that while sometimes parents and kids don’t always get along, parents and kids don’t stop loving each other or get divorced from each other.

Say “I love you.” However simple it may sound, letting your children know that your love for them hasn’t changed is a powerful message. Tell them you’ll still be caring for them in every way, from fixing their breakfast to helping them with homework.

Address changes. Preempt your kids’ questions about changes in their lives by acknowledging that some things will be different, and other things won’t. Let them know that together you can deal with each detail as you go.

Avoid blaming
It’s vital to be honest with your kids, but without being critical of your spouse. This can be especially difficult when there have been hurtful events, such as infidelity, but with a little diplomacy, you can avoid playing the blame game.

Present a united front. As much as you can, try to agree in advance on an explanation for your separation or divorce—and stick to it.

Plan your conversations. Make plans to talk with your children before any changes in the living arrangements occur. And plan to talk when your spouse is present, if possible.

Show restraint. Be respectful of your spouse when giving the reasons for the separation.

Help your child grieve the divorce
For kids, divorce can feel like an intense loss—the loss of a parent, the loss of the family unit, or simply the loss of the life they knew. You can help your children grieve their loss and adjust to new circumstances by helping them express their emotions.

Listen. Encourage your child to share their feelings and really listen to them. They may be feeling sadness, loss or frustration about things you may not have expected.

Help them find words for their feelings. It’s normal for children to have difficulty expressing their feelings. You can help them by noticing their moods and encouraging them to talk.

Let them be honest. Children might be reluctant to share their true feelings for fear of hurting you. Let them know that whatever they say is okay. They may blame you for the divorce but if they aren’t able to share their honest feelings, they will have a harder time working through them.

Make talking about the divorce an ongoing process. As children age and mature, they often have new questions, feelings, or concerns about what happened, so you may want to go over the same ground again and again.

Acknowledge their feelings. You may not be able to fix their problems or change their sadness to happiness, but it is important for you to acknowledge their feelings rather than dismissing them. You can also inspire trust by showing that you understand.

Let kids know they’re not at fault
Many kids believe that they had something to do with the divorce, recalling times they argued with their parents, received poor grades, or got in trouble. To help your kids let go of this misconception:

Set the record straight. Repeat why you decided to get a divorce. Sometimes hearing the real reason for your decision can help.

Be patient. Kids may seem to “get it” one day and feel unsure the next. Treat your child’s confusion or misunderstandings with patience.

Reassure. As often as you need to, remind your children that both parents will continue to love them and that they are not responsible for the divorce.

Give reassurance and love
Children have a remarkable ability to heal when given the support and love they need. Your words, actions, and ability to remain consistent are all important tools to reassure your children of your unchanging love.

Both parents will be there. Let your kids know that even though the physical circumstances of the family unit will change, they can continue to have healthy, loving relationships with both of their parents.

It’ll be okay. Tell kids that things won’t always be easy, but that they will work out. Knowing it’ll be all right can provide incentive for your kids to give a new situation a chance.

Closeness. Physical closeness—in the form of hugs, pats on the shoulder, or simple proximity—has a powerful way of reassuring your child of your love.

Be honest. When kids raise concerns or anxieties, respond truthfully. If you don’t know the answer, say gently that you aren’t sure right now, but that you’ll find out and it will be okay.

Provide stability through the divorce
While it’s good for kids to learn to be flexible, adjusting to many new circumstances at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

Remember that establishing structure and continuity doesn’t mean that you need rigid schedules or that mom and dad’s routines need to be exactly the same. But creating some regular routines at each household and consistently communicating to your children what to expect will provide your kids with a sense of calm and stability.

The comfort of routines
Kids feel safer and more secure when they know what to expect next. Knowing that, even when they switch homes, dinnertime is followed by homework and then a bath, for example, can set a child’s mind at ease.

Maintaining routine also means continuing to observe rules, rewards, and discipline with your children. Resist the temptation to spoil kids during a divorce by not enforcing limits or allowing them to break rules.

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Friday, September 11, 2020

Legal Separation vs. Divorce


In both a legal separation and a divorce, there is an agreement between the two spouses (either a separation agreement or divorce decree) that has been ordered by the court. This agreement sets the rules that you and your spouse will now live by since you are no longer living with one another: how your finances will be separated, how child custody and child support will be divided, how the property will be divided, who will pay spousal support, etc.

This agreement might be reached amicably by the two of you, or you may need the help of an arbitrator or mediator. If you can't mutually come to a decision, it may even have to be court-ordered, but at the end of the day, there is a written, court-ordered document that sets the rules and boundaries for how you and your spouse will live, separately from one another.

Differences between legal separation and divorce

With a legal separation, you are still married in the eyes of the law. You can't remarry, and you'll even record yourself as married on most government forms. With divorce, the marriage is over.

Benefits to Legal Separation

If legal separation is allowed in your state, here are some reasons why you might choose it:

  • It’s required in some states before you can get a divorce. The amount of time you must legally separate before the court grants a divorce varies from about six months to a year.
  • To keep the health insurance coverage provided by a spouse’s plan.
  • There are social security, military or pension benefits that you might qualify for if you remain married.
  • There may be tax advantages to filing as a married couple vs. filing single after a divorce.
  • You are unsure about divorce and need to spend some time living apart from your spouse to see if you can resolve your differences.

It's important to remember, however, that each state mandates legal separation differently. Some states do not allow legal separation (or limited divorce as Maryland calls it) at all, including Delaware, Florida, Georgia, Maryland, Mississippi, New Jersey, North Carolina, Pennsylvania, and Texas. However, Maryland does have a ‘limited divorce,' and Georgia has ‘separate maintenance,' which are both like a legal separation.

Legal separation in some states also requires that the two spouses be living apart from one another in different residences at different addresses. So, you can't be living in different rooms of the same home and be legally separated.

Disadvantages to Legal Separation

  • You may still be responsible for your spouse’s debts.
  • Your spouse is still considered the next of kin and can make medical and financial decisions for you and may still retain property rights if you die.
  • You are not free to marry anyone else.

If your marriage is in trouble, it is essential to contact a qualified, local attorney in your area who can help you understand the advantages and disadvantages of any next steps you might take. As you can see, a legal separation can be just as complex as a divorce, and as costly, and may be a step you don't have to take depending on the laws in your state.

Article Source: https://talkingparents.com/blog/march-2019/legal-separation-vs-divorce

Monday, September 7, 2020

Family Law Basics: What is Legal Separation?


Wisconsin family law attorney Kathryn Grigg explains how legal separation is different from divorce in the above video.


BY THE PEOPLE in Fairfield, CA can help with Uncontested Divorce or Legal Separation. For couples who can resolve their own asset and debt division and/or child issues. We can prepare all of the necessary documents for you to obtain your divorce. 

Saturday, September 5, 2020

Power of Attorney = Power in Your Hands


If you manage your property remotely and use a local trusted friend or family member to handle the rental issues for you, you need a contract or a power of attorney. It is a contract involving the details on the work and the compensation in return. It should also define what happens in the case the contract is breached.

With a power of attorney, you grant the person permission and authority to make decisions on behalf of you. Your power of attorney is like a backup and you can revoke it any time you want.

The power of attorney can be very general or specific. To protect yourself, you should always use a limited power of attorney. A good limited power of attorney document for a rental property should specify the expiration date, the property on which it is authorized, and acts permitted. You can customize this according to your needs.

For an ongoing property management purposes, you can specify the expiration date for a year or two. On the other hand, if you are on vacation or just want your power of attorney to sign the lease with the tenant, you can set the dates for a shorter period of time.

You also want to restrict the properties your power of attorney has the authority on by specifying the address of the property. Or if you allow him/her to act on all the rental properties in a city or state, you can put this in the document.

Other important things to spell out in the power of attorney are the kinds of delegations you grant. You might allow your power of attorney to lease the property only, but not collect future rent payments for you. You might give the power to them to furnish the property or adjust the rent or not. It is entirely up to you to decide how much or little power you grant to your power of attorney.


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Thursday, September 3, 2020

Power of Attorney - 6 Factors You Should Consider When Nominating the Best Agent


Ever wondered how your modest finances or properties are handled, in case something occurs to you or you will have to go away somewhere? In that case, consider the power of attorney. What is power of attorney? This is a legal document that would facilitate you to allow an organization or a person manages your business matters and your finances.

The principal is the person who is creating or signing the power of attorney, while the agent or the attorney-in-fact is the person who would be granted with authority. Because the power of attorney will give the agent the control over banking, credit and other financial concerns, it is important to be made with care that's why legal assistance is important.

Power of attorney can be divided into 2 types, the general and the specific. The general power of attorney can handle different personal and business transactions while the specific power of attorney identifies a specific transaction when the document would take effect.

Here are some factors you should consider when choosing the best agent for your power of attorney:

• Capability. It is much recommended to think about the capability of the agent in managing legal matters and the principal's property. You should not entrust your own finances to the agent who has problems in controlling over their own finances.

• Age. In case you are thinking about your child as the attorney-in-fact, you should consider the age. There are differences on every state of laws on creating the power of attorney. However, approximately all of the laws accept that no agent must be under 18 or 21 years old.

• Work experience. It's a good idea to award authority to an agent who is competent and expertise in legal matters or in finances.

• Time. While deciding on the perfect agent to stand for you, at that time it is very vital to think about how much time they can provide in handling legal matters and financial.

• Location. It's advisable to consider an agent who is not far from the property and the principal.

• Organization and documentation skills. The principal may perhaps require the attorney-in-fact to trace and correctly document the several transactions made whether it will be for personal, business or government purposes.

Another factor you should pay attention is how to decide the spouse as the attorney-in-fact. Nearly all military personnel will give the power of attorney to their spouses in case they are in battle. Another option is a close relative.

You do not always have to opt for a family member, you can decide on a non-relative attorney-in-fact. If the principal is slightly worried about giving many duties on one agent, then he or she may well find other co-agents. However, you could do that only if the power attorney specifies the information or the limitation of the capabilities. Previous to making the decision on an agent in the power of attorney, the principal ought to talk to the agents first and ask them if they are keen to be agents.

When carrying out the task, no organizations will control the agent. It will just depend on the principal as well as the principal's relatives to supervise if the agent is carrying out what is predetermined in the power of attorney.


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Wednesday, September 2, 2020

Over 100 Legal Document Services at By The People



Rene of By the People in Fairfield CA gives a short overview of their services and the number of legal documents they can help with. For questions, call Rene or Tammy at 707-428-9871 and you can visit their website at http://www.bythepeopleca.com

Monday, August 31, 2020

Do I Need a Will?


You can't take it with you. Unless you plan on living forever, there will eventually be a need to divide your property amongst the relatives and loved ones you leave behind. By having a will, you determine who gets what. Without one, the law will do it for you by the operation of statutes. Many people believe that they are not wealthy enough to need a Will. But if you own property that is titled (a car or house), after your death, those items cannot be transferred without opening an estate. If you don't have a Will, the cost of processing your estate goes up significantly.

When a person dies and leaves property behind, that property is known as an estate. In order to transfer ownership of the property in the estate from the deceased to surviving heirs, the estate must go through the probate process. A Will not only identifies who will inherit the property but names an executor to administer the estate. Without a Will, not only will statutes determine who gets your property, but the court will have to appoint an administrator to handle the estate. This is a costly process.

The most obvious benefit to having a Will is controlling what property passes to which heir. This is important if there are pieces of personal property that you want to go to a specific loved one for sentimental or other reasons. A Will also allows you to place conditions on the bequest, such as that the heir completes higher education or attain a certain age, before receiving his or her inheritance.

If these benefits of having a Will are not enough to convince you to take action, then consider those who you are leaving behind. A Will invariably makes the probate process smoother and easier for the survivors. In addition to controlling exactly where the property goes, a Will names the person or persons who will "execute" the estate, meaning the person who will gather the property and distribute it to the named heirs. This is often no small undertaking - it can involve selling stock, closing and consolidating bank accounts, liquidating assets, and more. In drafting a will, you should be sure to select an executor who has knowledge of the property in your estate and the competence and willingness to perform the job, all of which makes for a more efficient probate process. Without a Will, the court must appoint an administrator (obviously not of your choosing) to perform these tasks. Unfortunately, this is more costly and can lead to disagreements amongst family members.

Saturday, August 29, 2020

What is Guardianship and Power of Attorney?



Learn what the difference is between guardianship and power of attorney.

Wednesday, August 26, 2020

Probate Court Will Appoint a Personal Representative to the Estate


The probate court will appoint a person to represent the decedent and to administer the decedent's estate; this is called a personal representative. This person has a variety of names in the absence of statue to the contrary depending on various circumstances. This being, if the decedent died testate and designed such a person in his will. The court usually will appoint that person the executor (man) or executrix (woman).

If the will does not so designate any such person or the person so designated is unavailable or is unqualified to be the personal representative; the court will appoint someone else as the appointed one is called the administrator. If the personal representative cannot complete the duties, the court will appoint a new personal representative.

The responsibilities of the personal representative is to administer the decedent's estate. This is in accordance with the legal directions as expressed by the testator in the will. All is within accordance with the statute of descent and distribution with respect to an intestate estate.

This involves the collection do to the decedent's property which forms the decedent's estate. Payment of claims against the estate is distribution of the remaining property. Directions are provided in the will or pursuant to the statute on descent.

The personal representative must post a bond to assure that he one she properly carries out their responsibility, unless the will expressly waives the requirement of a bond. If you'll simply file a Living Will, then your family will not have to go through probate court system. This is if you have a small estate however, if it's a large estate then you'll probably have to go through probate.


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Sunday, August 23, 2020

What Happens if a Person Dies Without a Will?


If someone dies without leaving a valid Will, the person is said to have died intestate - that's legalese for without a will - the property she held in her own name as his or her own separate property passes to the person or persons specified in the laws of the deceased's state of residence, after any bills and taxes are taken care of.

Friday, August 21, 2020

Annulment Versus Divorce



There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.

Wednesday, August 19, 2020

Sunday, August 16, 2020

Who is Entitled to a Copy of a Will?


When a person dies and leaves a will, who gets a copy of that will? Watch this video and learn more about who is entitled to a copy of a will.

Friday, August 14, 2020

Incorporation and LLC's - By the People



Rene of By the People Document Preparation Service in Fairfield CA talks briefly about the basic differences between Inc. and LLC, and the benefits and features of each. Give Rene or Tammy a call at 707-428-9871 with any questions you may have so they can help you get the right product for your business.

See more at http://www.bythepeopleca.com

Wednesday, August 12, 2020

Setting Up an LLC - The Benefits and Steps of a Limited Liability Company


A limited liability company (which is commonly abbreviated as LLC) offers limited liability to its owners as a legal form of business company in the United States. Many small business owners are drawn to this type of business formation because it offers limited liability for the actions and debts of the company. This type of business formation excludes personal liability from the general debts and other obligations of the company and limits the liability of the owners to the extent of their equity. An LLC has characteristics of both a partnership and corporation; the primary partnership characteristic is the availability of pass-through income taxation while the primary corporate characteristic is limited liability.

Many entrepreneurs choose to setup an LLC for tax reasons. LLCs avoid "double taxation" because the income of the LLC itself is not taxed at the company level. Instead, taxes on profits and deductions of losses are computed at the individual level on the personal tax return of each LLC member (owner). LLC owners can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation. Owners make this election through the IRS after the company forms with the state.

After setting up an LLC, the bottom-line profit of the business is not considered to be earned income to the members, and therefore is not subject to self-employment tax. But it is still important to consider that the managing member's share of the overall profit of the LLC is considered earned income, and is subject to self-employment tax.

Members of an LLC are compensated using either guaranteed payments or distributions of profit. Guaranteed payments represent earned income to the members, which qualifies them to enjoy the benefits of tax-favored fringe benefits. A distribution of profit allows each member to pay themselves by merely writing checks. However, as a member of an LLC, you are not allowed to pay yourself wages.

Another important perk of setting up an LLC is that the managing member of an LLC can deduct 100 percent of the health insurance premiums he pays, up to the extent of their pro-rata share of the LLC's net profit.

The basic steps to setting up an LLC are fairly simple:

Step 1: Find a copy of the LLC Articles of Organization Form for your state. This is usually located at the Secretary of State's office. It is also a good idea to check there are any rules concerning business names in your state.

Step 2: Choose a name for your business. Almost any name will work so long as it is not the same or deceptively similar to a name being used by another entity that is filed with the State Filing Office which is usually the Secretary of State's Office. The name must end with the words Limited Liability Company or an abbreviation such as LLC or L.L.C. The ending such as LLC or Inc is not considered part of the name when searching for availability.

Step 3: Complete and File the Articles of Organization form with the State Filing Office. The State Filing Office where you turn in the form is usually the Secretary of State where you are required to pay a filing fee. The Articles of Organization form is a relatively simple document that includes the name of your business, its purpose, office address, the registered agent who will receive legal documents, and the names of each initial member of your proposed LLC. A registered agent is simply a person or incorporated company who can accept service of legal papers if your company is sued or the person who can receive mail from the State Filing Office. You can act as your own registered agent, however, the address you use must be a street address and not a P.O. Box. The address is important to make sure you receive papers that are served or sent to your company.

Step 4: Submit a notice to your local newspaper for publishing. This step is sometimes required by your state, you may want to check to make sure. Some states even require this step to be done before filing your Articles of Organization form. This notice should detail your intention to setup an LLC.

Step 5: Prepare and Sign an Operating Agreement. This is not required by the state but is a very important step in maintaining your liability protection and preventing disagreements between the members. The Operating Agreement is an essential document which sets forth the rights, duties and obligations of each member of the LLC. It also usually sets the ownership percentages between the members, the division of profits and the distribution of income. This document can also strengthen your liability protection by demonstrating that you have completed the organization of the company and are in compliance with the process.

The State Filing Office usually does not provide Operating Agreements, this will be something that you have to come up with. Many people use online services such as settingupllc.com, and other people go further and hire attorneys which can be much more expensive.

Step 6: Obtain an Employer ID Number (EIN) from the IRS. As a separate legal entity, your LLC requires its own federal tax identification number from the IRS. This can sometimes be avoided if an LLC is owned by only one person, in which case the person has the option of reporting taxes on his own social security number. To get the Employer ID Number you can acquire from SS-4 from most post offices and then file it with the IRS.

Step 7: Setup a Separate Bank Account for the LLC. A separate legal entity requires a separate bank account. It is important that you do not co-mingle your funds between business and personal bank accounts. The courts will look at this if you were to ever get sued.

Step 8: Document Ownership Interest Percentages of the LLC. To avoid disputes and ownership conflicts in the future, it is important to assign ownership percentages when the company is first formed. This step is not necessarily required, but it would be very wise.


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Monday, August 10, 2020

Adult Guardianship



Many families struggle with how to manage the finances, health care and other personal matters of adults who are unable to care for themselves. You may decide to pursue an adult guardianship if an adult is mentally or physically unable to make his or her own decisions and does not have a living will and power of attorney that provide a competent person to make those judgments.

Saturday, August 8, 2020

Probate and Administrative Process, Know Your Rights


Probate is the system in which the court's system's method of processing the estates of a dead person. It is a legal document that enables the administration of the estate of the deceased. It allows for the resolving of claims and distribution of the deceased's will. Any grievances surrounding a deceased person's estate are filed in the probate court also known as the surrogate court. Once probated, the will becomes a legal instrument that can be enforced by the executor.

Administration process

Administration process of an estate on the other hand is the process by which the deceased person's assets are collected, maintained and distributed. An estate administrator sees to the proper administration of the will.

The Probate process

The probate process begins after the death of a person. An interested person files an application to administer the estate; a fiduciary is then appointed who is to administer the estate and at times may be required to pay a bond to safeguard and to insure the estate. Creditors are notified and legal notices published. There may be filed a petition to appoint a personal representative may need to be filed and letters of administration obtained. All these processes must be done in accordance with the limitation clause.

Property that avoids probate

Property that passes to another person contractually upon the death of a person does not enter probate for example a jointly owned property with rights of survivorship. Property held in a revocable or irrevocable trust that was created when the grantor's was still alive does not also enter probate. In most of these cases the property is distributed privately and without many issues thus no court action is required.

What happens in the probate and administrative process?

After a probate case has been filed in court, an inventory is entered and the deceased's property collected. The debts and taxes are paid first then the remaining property distributed to the beneficiaries. The probate and administrative process may be challenged at any time as a whole or part of it. The issues that arise during such hearings include will contests and paternity issues and these have to be solved before the matter is decided.

The need for the appointment of an administrator arises where the deceased left no will, some assets are not disposed of by the will, in cases where there is a will however, the case goes to probate directly. The estate administrators act like will executors but where the will does not state how to distribute of property, they follow the laid down laws.

Thursday, August 6, 2020

Considerations in Filing for an LLC


Setting up an LLC and other states has become a popular option for many small business owners because of the many benefits it offers. A limited liability company puts together the advantages of a sole proprietorship, a partnership, and a corporation all in one business entity. This means compete control, tax benefits, and limited liability. The interest in LLCs continues to grow as more and more business owners are able to realize its advantages over other business types.

Before starting an LLC, there are some considerations that should be kept in mind. Taking note of these considerations will ensure that the processing of its registration with the appropriate government agencies will go faster and smoother. When the paperwork is completed properly, there will be no questions as to the LLC's legality.

First, the members filing for LLC should decide on the name of the business. This should meet the standards in LLC names set by the state government. To know the availability and aptness of the name, the business name database can be utilized for verification. Also, the name for an LLC can be reserved for four months by filing an application as well.

The next step is submitting the LLC's Articles of Organization. These articles should include all the necessary information about the LLC such as the name and address of LLC, its registered agent, and its duration. Also, how the LLC will be managed and who will manage the LLC should be stated in the Articles of Organization. Under the law, these are all filed with the office of the Secretary of State through mail.

The Operating Agreement should be processed after the filing of the Articles of Organization. Though this is not required by the state's government, it is still highly advisable. This is essential to define each member's responsibilities and liabilities. With Operating Agreement, the members can be protected from being personally liable if ever the business becomes bankrupt. Aside from the statement of responsibilities and liabilities, other information can be included as well. This includes the business nature, concept, and mission statement.

Lastly, business permits and licenses should be acquired. These vary depending on state laws. The business licenses that need to be obtained depend on the nature of the business and its location. Aside from that, the LLC businesses are all required to submit annual reports. This is also submitted to the Secretary of State on the designated date and can be done through mail or online filing. Knowing about all these requirements will help business owners keep track of their filing schedules to ensure that they are always compliant with all the government's documentation and reportorial requirements.


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Tuesday, August 4, 2020

What Is Estate Planning and Is It Useful?


Estate planning creates a plan for the distribution of your assets after you die. Most of us are familiar with a common product of estate planning: the will. Featured in TV shows and in everyday conversations, sometimes, the discussion surrounding this popular topic is not favorable.

We've seen people contesting wills, challenging their family members, feeling cheated by the administrators of wills and by the law and we've seen them arguing through lawyers about what wills mean how they should be executed. Other forms of estate planning exist to reduce the amount of conflict surrounding decisions.

Health care decisions can be included in estate planning; a health care proxy exists so that a chosen person can act out the desires of an incapacitated person still under medical care.

When it comes to the distribution of their wealth and medical decisions, multiple measures exist to enable the dead and the severely injured a means of executing their own desires. However, even in the case where no formal plans are made, heirs do receive some forethought in terms of the law.

The law of intestacy communicates that even if no measures are taken to distribute assets by a deceased party, those assets will still go to the deceased person's heirs. The law of intestacy has the most staying power in situations where it is least likely to be challenged by those wanting more. For insurance, according to Attorney Sean W. Scott of Virtual Law Office, this law works with a small number of assets and a with a small number of heirs.

In each of these cases, one can imagine there would be less conflict involved. With less to fight over, fewer fights can ensue. The same is likely true with fewer beneficiaries; as heirs likely know one another well when smaller in number, less family tension can arise. Fewer instances of certain heirs feeling more worthy than others to certain possessions may exist. The likelihood that an individual or set of siblings would usurp others' belongings may be reduced. And general confusion arising from miscommunication and a lack of cemented durable relationships may possibly decrease with a smaller set of heirs. None of these suggestions are set in stone, yet corresponding data would be a more than interesting dinner topic.

Scott emphasizes the financial advantages of estate planning, sharing that taking certain precautions can save money for heirs receiving portions of estates. As lawyers stay on the job, working to settle issues between family members or between the state and family members, their tabs continue running. Evaluating the multiple options may familiarize you with the best decisions for your situation, reducing stress and increasing savings for your loved ones after you pass.

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Sunday, August 2, 2020

Deeds - Some Ways To Make Changes - By the People


Rene at By the People talks about Deeds of trust and how they can help people make the necessary changes to their title for a number of different reasons. Call 707-428-9871 with any questions, and visit the website at http://www.bythepeopleca.com

Friday, July 31, 2020

Advance Healthcare Directives - Be Sure to Write Your Living Will


With modern medical technology advancements, it is becoming more and more important to consider writing an advanced healthcare directive. There are several kinds of advanced healthcare directives. A living will is one form of an advanced healthcare directive. It is a document that specifies what you want to be done medically if you are no longer capable of making decisions for yourself. A medical power of attorney or healthcare proxy is another form that appoints a specific person to make decisions for you if you are incapacitated. It is advised that a person have both documents prepared and in place long before they will ever be needed.

With today's advancement in medical care, many people are left confined to nursing homes. Many elderly are in a vegetative state, fed through feeding tubes while their bodies slowly die. The emotional and financial burden the families of these patients experience is overwhelming. Lives are prolonged but there is no real quality of life. An advanced directive can prevent this from happening to those you love.

The living will was first proposed by Luis Kutner in 1969. His purpose was to make sure the living were able to make their wishes known when they were no longer able to speak for themselves. The living will gives direction to medical professionals about what procedures a person wants and doesn't want. It can forbid the use of medical equipment used to sustain life or direct it be discontinued when it only prolongs death. It can be general or specific depending on the wishes of the person writing it.

Advanced directives should be regularly updated to make sure they cover current medical technology. As advancements are made, changes need to be made to reflect that advancement. A living will that is current is more likely to be acknowledged and followed.

It is advised that a living will be combined with a healthcare proxy to assure your wishes are followed. No document can fully cover all the circumstances that might occur. Having a person on the scene making immediate decisions is important. By designating a person in advance to make decisions, you can be reassured that no decisions are made that might conflict with your desires.

The comfort and peace of mind an advanced healthcare directive gives is invaluable. Knowing you will not be a burden to your family allows you to calmly live knowing any necessary medical decisions will be made by someone you trust.

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Monday, July 27, 2020

What You Should Know About Annulment


An annulment is a declaration by the circuit court that there is a defect in the marriage such that the marriage is void. Contrary to popular belief, you cannot have your marriage annulled because you did not consummate the union or because you changed your mind shortly after the ceremony. To qualify for an annulment there must be a defect which goes to the heart of the marriage. If the marriage is valid, the only recourse is to file for divorce. A divorce dissolves a valid marriage, whereas an annulment recognizes and declares a marriage to be so defective as to be non-existent.

A marriage may be void or voidable. The grounds for the annulment determine whether the marriage is void or voidable.

Void Marriages~The following marriages are void from the start and consequently not recognized at law: 1) marriage to someone who is already married and 2) marriage to a close relative. Under these circumstances, the marriage is void from the start. Either party may petition the court for an annulment. There is no limitation as to when the suit may be filed. It is important to note that if one party was married to someone else at the time of the marriage, the subsequent death of the other spouse or the subsequent divorce from that spouse will not validate the marriage. The only way to validate the marriage in such a case is to remarry after the problem has been resolved.

Voidable Marriages~A voidable marriage is legally valid unless one of the spouses files for an annulment. Marriages are voidable, if one of the spouses: 1) was physically or mentally incompetent at the time of the marriage, 2) consented to the marriage under fraud or duress, 3) was a felon or prostitute without the other's knowledge, 4) was impotent, 5) was pregnant by another man without the other spouse's knowledge, or 6) fathered a child by another woman within 10 months of the marriage without the other spouse's knowledge. Please note that it is the "wronged" spouse who has the grounds for annulment and not the spouse who perpetrated the fraud.

Unlike void marriage, courts will not grant an annulment of a voidable marriage if the spouses continue to cohabit or live together as husband and wife after discovery and knowledge of the circumstances constituting grounds for the annulment. If there is cohabitation with knowledge of the circumstances or if you have lived with your spouse for two years or more before filing a petition for annulment, you will be required to file for a divorce instead of an annulment. We had the unpleasant task of telling a man who had been married five years that although he had grounds to annul his voidable marriage, he waited too long to file for an annulment. He had to file for divorce.

The Procedure~The procedure for an annulment is the same as for a divorce. The only procedural difference is the grounds for the lawsuit. However, the relief available in an annulment is different than in a divorce.

The Relief~While the court may make a temporary order for spousal support and attorney's fees, during the pendency of the annulment suit, the court has no authority to grant post-annulment "spousal support" or equitable division of property and debts. If there are children, the court may rule on custody and child support, even if the marriage is void.

Article Source: http://EzineArticles.com/expert/Virginia_Perry/452094

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Saturday, July 25, 2020

Thursday, July 23, 2020

Estate Planning : How are Trusts Taxed?



In estate law, trusts are taxed differently depending on whether they are revocable or irrevocable trusts. Learn how a trust is taxed from an estate planning and probate lawyer in this free video on estate law.

Tuesday, July 21, 2020

Legal Document Preparation - By The People


Rene talks about how By The People Document Preparation Service in Fairfield CA can help people with uncontested legal matters in an inexpensive way. See more at http://www.bythepeopleca.com, or call 707-428-9871

Sunday, July 19, 2020

By The People Can Help You with Your Uncontested Divorce or Legal Separation



BY THE PEOPLE can help with Uncontested Divorce or Legal Separation. For couples who can resolve their own asset and debt division and/or child issues, BY THE PEOPLE can prepare all of the necessary documents for you to obtain your divorce. We also do all of the filing and procedural work throughout the process.

Since we are a local company and file divorces every day, we can provide you with up to date information about filing fees and the local court systems. In California, the minimum time period for divorce is 6 months from the date of service.

Legal Separation is the same process for the court and the same documents needed. You will still need to address all of the same issues, the only difference is the end result. You will still be married, having dealt with all asset/debt division and child custody, visitation, support, and if you decide to go forward with a divorce, you will need to start over from the beginning.

Our fees to prepare all of your divorce or legal separation documents is $599.00 if there are minor children, or $499.00 if there are no minor children. The other fees you will pay will be the filing fee for the court of $435.00 and a filing service fee of $50.00. Our fee is due up front, and we accept cash, check or credit cards. The filing fee for the court is not due up front; it is due as soon as you are ready to file with the court. The paperwork is usually ready to file within a week of starting the process. The Court only accepts cash, check or money order for their fees.

When you are ready to get started with your divorce or legal separation at BY THE PEOPLE, you may make an appointment or come in as a walk-in to our office at 1371-C Oliver Road, Fairfield CA. We will have you fill out a worksheet that will give us the information we need about you, your spouse and the issues you need to address in your divorce. Most of our customer find it takes about 30 minutes to complete the necessary information in our worksheet. You may come in with your spouse or you may come in on your own to fill out the worksheet and begin the process. The choice is yours.