Saturday, December 25, 2021

Merry Christmas!


 Wishing You and Your Family a Very Merry Christmas and Happy Holidays!! 


Wednesday, December 22, 2021

Incorporation - Is It Right For My Business?


The process to form your incorporation is relatively easy, and the legal concept of incorporation is recognized all over the world. A Certificate of Incorporation is the evidence of incorporation and registration of the legal entity with the authorities of a particular state or an offshore jurisdiction. A primary advantage of incorporation is the limited liability the corporate entity affords its shareholders, and in many cases, favorable tax treatment. For anyone starting up his or her own business, an understanding of business incorporation is a must before taking that step.

Incorporation is a system of registration which gives a business certain legal advantages in return for accepting specific legal responsibilities and is an option that many businesses each year decide to take advantage of. However, prior to filing with the state, you should have your attorney and accountant advise you as to whether or not incorporation is the right step for your business, both from a legal standpoint and from a tax perspective. If the corporation is a closely held corporation and does business primarily within a single state, local incorporation is usually preferable. Incorporation is a state process, and therefore the process and specific benefits may differ from state to state, as well as registration costs, resident agent fees, etc.

What type of incorporation is best for my business? A "C" Corporation, an "S" Corporation or a Limited Liability Company (LLC)? In addition to those choices, you then need to decide where to incorporate. Not only does each state offer certain benefits, but costs to file and maintain the corporate status are different. Additionally, if your business purpose is rather simple and straightforward, you may be able to use an online incorporation service to incorporate, at substantial savings. Remember, when in doubt, or if any questions or issues need to be addressed, seek professional advice...it usually is cheaper in the long run!

There are certain states that offer important incorporation benefits to the directors and shareholders. You need to make a comparison of these benefits, as well as the filing costs, to determine if incorporation in that state is warranted. Another consideration for incorporation in a state other than where your business is located, is that you may be required to register as a foreign corporation in your resident state. This will usually entail annual filing fees equal to or greater than that for a domestic corporation. Again, prepare a checklist and weigh all benefits as well as additional costs, etc. before the incorporation process begins. Rather than incorporating in another state, you may also benefit by an offshore incorporation. Check it out carefully.


Article Source: http://EzineArticles.com/?expert=Gust_Lenglet

Article Source: http://EzineArticles.com/679430

Sunday, December 19, 2021

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.

Article Source: http://EzineArticles.com/?expert=Bryan_Sims

Article Source: http://EzineArticles.com/4038767

Thursday, December 16, 2021

Durable Powers of Attorney in Wills and Estate Planning


Planning how your estate shall be divided, distributed and disposed of doesn't only mean creating a last will and testament or putting up a trust for someone. Estate planning also means preparing for the unexpected, such as falling ill to an incurable disease or becoming incapacitated later in life. In this regard, you'll need the help of someone you completely trust to put your affairs in order even when you're no longer able to make those important decisions or even communicate your wishes. Drafting durable powers of attorney gives this person you appointed the legal means to sign documents, make decisions, and represent you in court.

The Medical Power of Attorney and The Living Will

Actually, the functions of a medical power of attorney play in tandem to the directives of a living will. They're both health care directives, but the durable power of attorney for health care focuses solely on assigning someone the legal duty to make decisions related to your illness or health condition. It needs a living will, which contains your instructions and wishes, including end-of-life decisions. Once you've lost the capacity to think or act on your own, such as when you've fallen into a coma, this durable power of attorney takes effect and hands over the responsibility for your personal health and well-being to your agent or attorney-in-fact.

You'll have tighter control over managing your living will, estate planning, and health care directives when you specify that these shall only take effect after a physician has confirmed that you lacked the mental and physical capacity. In this case, you have a springing durable power attorney in hand. The term capacity here legally pertains to a person's lack of understanding of the nature of his medical condition, the health care options open to him, and the possible consequences of making these choices. In addition, that person also loses the ability to speak out or make hand gestures to relay his personal preferences for medical care. This is where a health care declaration becomes an invaluable document in your estate planning.

The Financial Power of Attorney

Through a durable financial power attorney, you give another person - someone you fully trust to act in your best interests - the legal authority to act on your behalf. However, this power attorney for finances doesn't hand over absolute authority to your proxy. You may limit or extend your agent's legal access to your financial accounts. Generally, your financial surrogate can file and pay your taxes, manage your business, handle financial transactions in your name, access your bank accounts, claim an inheritance, collect Social Security and other benefits, and make use of your assets and properties to pay off debts and provide for your family's daily expenses.

These two powers of attorney must be specified as durable when filed. Otherwise, they won't take effect once you were found lacking the capacity to think and act for your well-being. A divorce ends both documents when the agent is also the spouse. The court may revoke an agent's authority under a power of attorney for health care when it finds that the agent has acted improperly. A second person named in the document takes over as an alternate agent.


Article Source: http://EzineArticles.com/?expert=Toby_King

Article Source: http://EzineArticles.com/7489932

Monday, December 13, 2021

Why Should I Form an LLC?


Nielsen Law Group discusses corporation formation, why you should file an LLC, and the tax benefits of doing so.

Friday, December 10, 2021

Next Avenue Moments | What is a Healthcare Power of Attorney?


If you are ever incapacitated, who will make your healthcare choices? Betsy Abramson, from the Wisconsin Institute on Aging, talks about why talking about and preparing these documents in advance is important.

Tuesday, December 7, 2021

Alimony - Who is Entitled to Spousal Support?


Spousal support can be an extremely confusing area of divorce law, and there are many misconceptions about it. Contrary to popular belief, spousal support is not guaranteed to a wife, nor is it an entitlement for being married for a certain period of time.

Saturday, December 4, 2021

Uncontested Divorce


Uncontested divorce is a great option for couples who generally have no disagreements regarding the fundamental divorce issues such as child custody, assets, and support.

Wednesday, December 1, 2021

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. 

Sunday, November 28, 2021

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

Thursday, November 25, 2021

Know This Before You Sign a Power of Attorney


A power of attorney is used when you want to give someone the right to act on your behalf and in your place. The rights and powers are whatever is written on the document. This video covers the areas that you need to consider so that you can give away only the power that you intend for someone to have.

Monday, November 22, 2021

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.

Continue reading HERE

Friday, November 19, 2021

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.

Tuesday, November 16, 2021

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/

Saturday, November 13, 2021

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.

Wednesday, November 10, 2021

QDRO Forms to Divide Pension Benefits in Divorce - "Shared Interest" Or "Separate Interest" Approach


Many people facing the prospect of divorce are surprised to learn that pension benefits accrued during the course of a marriage are considered marital property (or, in some states such as California, community property) that is divided between the spouses upon divorce. A pension plan falls under the category of retirement plans known as defined benefit plans. These types of retirement plans generally provide that upon retirement, the participant (employee) is entitled to a monthly annuity that is payable over his or her lifetime.

Because of certain provisions contained a Federal law known as the Employment Retirement Security Act, a divorce judgment or matrimonial settlement agreement, standing alone, is not a legally sufficient mechanism for dividing a pension plan. It is essential that a further order, known as a qualified domestic relations order (QDRO) be entered by the court and approved by the pension plan administrator.

In situations where the participant spouse is not yet retired, the QDRO form can utilize two different methods for dividing pension benefits. These include the "shared interest approach" and "separate interest approach."

If a QDRO form uses the Shared Interest Approach, payments to the Alternate Payee cannot begin until the Participant chooses to retire and begins to receive a retirement allowance. Furthermore, payments to the Alternate Payee must end upon the Participant's death unless the Alternate Payee was designated in the QDRO as the surviving spouse of the Participant for the purpose of electing a Qualified Joint and Survivor Annuity and such election was elected by the Participant at the time of the Participant's retirement.

If a QDRO form applies the Separate Interest Approach, a "separate interest" is carved out for the Alternate Payee and adjusted to his or her actuarial life expectancy. In addition, the Alternate Payee controls the timing and manner of his or her receipt of the benefit payments. The Alternate Payee can commence receiving benefits at the Participant's earliest retirement date, rather than wait for the Participant to begin to receive a retirement allowance.

In most instances, it is highly beneficial for the non-participant spouse that the QDRO form utilize a separate interest approach. Sample QDRO forms are available for download. Upon completion of a proposed QDRO form, the document must be submitted to the pension plan administrator for approval, and, thereafter, to the divorce court adjudicating the matter.


Article Source: http://EzineArticles.com/?expert=Marc_Rapaport

Article Source: http://EzineArticles.com/4517426

Sunday, November 7, 2021

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

Thursday, November 4, 2021

Why Should I Form an LLC?


Nielsen Law Group discusses corporation formation, why you should file an LLC, and the tax benefits of doing so.

Monday, November 1, 2021

Five "Powerful" Power of Attorney Provisions


Most people perceive estate planning as, “What happens when I die?” But an important part of estate planning is the lifetime planning concept of using a power of attorney to have the right people act for you during your lifetime under certain circumstances. A power of attorney is accepted in all 50 states, but rules and requirements vary by state. So what is a POA? A POA gives one or more people (we’ll call this person the Agent, but you might also see them referred to as “attorney in fact”), the power to act on your behalf.

Tuesday, October 26, 2021

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

Saturday, October 23, 2021

What Types of Decisions Must Parents Share in a Joint Custody Situation?


Maryland Family Lawyer Marjorie G. DiLima, the Managing Partner of Fait & DiLima, LLP, answers: What types of decisions must parents share in a joint custody situation?

Wednesday, October 20, 2021

How To Have A Good Divorce


The end of any relationship is always tough, but getting divorced magnifies the struggles further. While we often see divorces turn nasty, whether witnessing it personally or on the media, it doesn't always have to go bad - all it takes are shits in perspective. In today's episode, I'll be sharing tips on how you can come out of your divorce emotionally unscathed!

Sunday, October 17, 2021

Uncontested Divorce Made Affordable - By the People


Divorce is probably never easy, but it doesn't have to be expensive. Rene of By the People in Fairfield CA talks briefly about help with uncontested divorces with our without children. Rene or Tammy will be happy to answer all your questions. Call them at 707-428-9871 and you can visit the website at http://bythepeopleca.com

Thursday, October 14, 2021

5 Tips for Preparing for Divorce


If you're contemplating divorce, or know someone who is, please watch my brief video with 5 tips for preparing for divorce. Preparation and education are very important and these tips are designed to help before you make the next step.

Monday, October 11, 2021

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.

Friday, October 8, 2021

Power of Attorney Revoking Tips


Power of Attorney Revoking Tips. Part of the series: Personal Finance Tips & Advice. Power of attorney can be revoked at any time with a simple signature. Understand how to revoke power of attorney and how it is carried out with tips from an experienced financial adviser in this free video.

Tuesday, October 5, 2021

How to Properly Use a Power of Attorney


A power of attorney is a legal document that authorizes one person to act on behalf of another in the legal or business dealings of the person authorizing the other. This type of document has a lot of relevance when, for example, somebody needs to execute some business or legal matter but is unable to do so for whatever reason. In the absence of the person, another person may be authorized to execute the matter through the use of a power of attorney, which in common law systems or in civil law systems, authorizes another person to act on behalf of the person so authorizing the other. The person authorizing is known as the "principal" and the person authorized is called the "agent". The agent may, on behalf of the principal, do such lawful acts such as signing the principal's name on documents.

An agent is a fiduciary for the principal and, as this is an important relationship between principal and agent, the law requires that the agent be a person of impeccable integrity who shall always act honestly and in the best interests of the principal. In case a contract exists between the agent and the principal for remuneration or another form of monetary payment being made to the agent, such contract may be separate and in writing to that effect. However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the agent before it is honored.

The "Equal Dignity Rule" is the principle of law that has the same requirements as the agent as it does to the principal. Suppose that the agent has a power of attorney that authorizes him or her to sign the sales deed of the principal's house and that such sales deed should be notarized by law. The power of attorney does not absolve the agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.

There are two types of powers of attorney. One is the "special power of attorney" and the other, "limited power of attorney." The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (principal) dies. In case the principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law. There is an exception. In case the principal had in the document specifically stated that the agent may continue to act on his behalf even if the principal became incapacitated, then the power of attorney would continue to enjoy legal sanction.

In some of the States in the USA, there is a "springing power of attorney" which kicks in only in case the grantor (principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the principal by informing the agent that he is revoking the power of attorney.

Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for principal and agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a power of attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.

Article Source: http://EzineArticles.com/3646412

Saturday, October 2, 2021

What is a Financial Power of Attorney


A power of attorney is a necessary part of protecting your family and your hard earned assets. 

Wednesday, September 29, 2021

What is the Difference Between a Power of Attorney and a Durable Power of Attorney?


George F. Indest III and The Health Law Firm's attorneys lecture on the difference between a Power of Attorney and Durable Power of Attorney. 

Sunday, September 26, 2021

How Does a Trust Work?


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

Thursday, September 23, 2021

DIVORCE - Easier Than You Think? - By The People


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, or call them at 707-428-9871

Monday, September 20, 2021

Tax Benefits of LLC | LLC Taxes Explained by a CPA - How Does a LLC Save Taxes?


LLCs are by far the most popular entity type amongst small businesses.

But what exactly are the benefits of a LLC? How does it protect your business? And more importantly, what are the tax benefits of choosing a LLC over another entity?

The answers to these questions may influence the entity structure that you choose for your business, and… how much money you end up paying the IRS.

That's why in this episode, I’m going to explain all of the tax benefits related to LLCs.

Friday, September 17, 2021

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 14, 2021

What is a Financial Power of Attorney? And Why Do I Need One?


More important than having a Financial Power of Attorney is giving the power to someone you trust. Attorney Carol Bertsch will tell you what you need to know about this document and what it means for you and the person whom you give financial power.

Saturday, September 11, 2021

How To Find Peace After Divorce


Divorce is tough and it's something that no one really dreams of going through. Is it possible to find peace after divorce? Maybe, maybe not. Here are some things you can do.

Wednesday, September 8, 2021

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, September 5, 2021

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. 

Thursday, September 2, 2021

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

Monday, August 30, 2021

Advantages of LLC (Why You Should Form an LLC)


Simply put, a Limited Liability Company is the least complex business structure.

Friday, August 27, 2021

Tuesday, August 24, 2021

Uncontested Divorce


Uncontested divorce is a great option for couples who generally have no disagreements regarding the fundamental divorce issues such as child custody, assets, and support.

Saturday, August 21, 2021

By The People FAQs


  • Are BY THE PEOPLE Personnel attorneys? No, we are not attorneys. We are Legal Document Assistants. In California, we are a licensed and bonded profession.

  • What if I need legal advice? You can always consult with an attorney of your choice. We can provide you with a referral for an excellent local attorney who specializes in cases similar to yours if you have questions we cannot answer for you, or your situation is more complicated than our services are meant to help with.

  • Do you have a Notary Public? Yes, whenever we are open we have a Notary Public on staff. If you are a BY THE PEOPLE customer, all Notarizations of your documents are included in our fees. If you have documents not prepared by BY THE PEOPLE, we charge $10.00 per signature you need notarized, in Cash Only. You must sign the document in our presence and provide valid photo identification.

  • Does BY THE PEOPLE handle Criminal Matters? No, we only handle uncontested civil matters. However, if you would like to contact us, we may be able to refer an excellent local attorney to you.

  • I need to have my documents prepared immediately. Do you have Rush or Same-Day document preparation services? Yes, we can prepare certain documents within a few hours, if necessary. Rush and Same-Day services are available for the following documents: Wills, Powers of Attorney, Health Care Directives, Deeds, LLC and Incorporation Articles. A modest Rush Fees will apply to these services.

  • How long will it take to prepare my documents? The documents we prepare at BY THE PEOPLE are typed specifically at your direction. All documents are then rigorously proofed to ensure you receive the highest quality legal documents available anywhere. Most of our documents are prepared and ready for you to sign within one week, depending on your situation. 

For more information please visit http://bythepeopleca.com/

Wednesday, August 18, 2021

Why Should I Form an LLC?


Nielsen Law Group discusses corporation formation, why you should file an LLC, and the tax benefits of doing so.

Sunday, August 15, 2021

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

Thursday, August 12, 2021

Wills and Power of Attorney Essentials | No Dumb Questions


What makes for good, basic estate planning at any age? Stick around, and I’ll walk you through it. Usually, your plans don’t have to be super complicated. You just need a few legal documents to cover the essentials.

Monday, August 9, 2021

What is a Financial Power of Attorney


A power of attorney is a necessary part of protecting your family and your hard earned assets. 

Wednesday, August 4, 2021

Know This Before You Sign a Power of Attorney


A power of attorney is used when you want to give someone the right to act on your behalf and in your place. The rights and powers are whatever is written on the document. This video covers the areas that you need to consider so that you can give away only the power that you intend for someone to have.

Friday, July 30, 2021

Monday, July 26, 2021

What is a Financial Power of Attorney? And Why Do I Need One?


More important than having a Financial Power of Attorney is giving the power to someone you trust. Attorney Carol Bertsch will tell you what you need to know about this document and what it means for you and the person whom you give financial power.

Thursday, July 22, 2021

Uncontested Divorce


Uncontested divorce is a great option for couples who generally have no disagreements regarding the fundamental divorce issues such as child custody, assets, and support.

Monday, July 19, 2021

What Types of Decisions Must Parents Share in a Joint Custody Situation?


Maryland Family Lawyer Marjorie G. DiLima, the Managing Partner of Fait & DiLima, LLP, answers: What types of decisions must parents share in a joint custody situation?

Thursday, July 15, 2021

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

Monday, July 12, 2021

Advantages of LLC (Why You Should Form an LLC)


Simply put, a Limited Liability Company is the least complex business structure.

Friday, July 9, 2021

Power of Attorney Revoking Tips


Power of Attorney Revoking Tips. Part of the series: Personal Finance Tips & Advice. Power of attorney can be revoked at any time with a simple signature. Understand how to revoke power of attorney and how it is carried out with tips from an experienced financial adviser in this free video.

Tuesday, July 6, 2021

What is the Difference Between a Power of Attorney and a Durable Power of Attorney?


George F. Indest III and The Health Law Firm's attorneys lecture on the difference between a Power of Attorney and Durable Power of Attorney. 

Saturday, July 3, 2021

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

Tuesday, June 29, 2021

What Is Expungement?


Expungement is a legal process allowing you to clear an arrest and conviction from your record. However, it is not an automatic process, and state laws vary.

Saturday, June 26, 2021

5 Tips for Preparing for Divorce


If you're contemplating divorce, or know someone who is, please watch my brief video with 5 tips for preparing for divorce. Preparation and education are very important and these tips are designed to help before you make the next step.

Wednesday, June 23, 2021

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

Sunday, June 20, 2021

Happy Father's Day!

 


Happy Father's Day from By The People Legal Document Services

Saturday, June 19, 2021

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

Friday, June 18, 2021

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, June 10, 2021

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.

Monday, June 7, 2021

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.


Article Source: http://EzineArticles.com/expert/Gary_W._Cooper/193445

Article Source: http://EzineArticles.com/4933146

Friday, June 4, 2021

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.

Tuesday, June 1, 2021

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

Thursday, May 27, 2021

Why Should I Form an LLC?


Nielsen Law Group discusses corporation formation, why you should file an LLC, and the tax benefits of doing so.

Monday, May 24, 2021

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, May 21, 2021

Know This Before You Sign a Power of Attorney


A power of attorney is used when you want to give someone the right to act on your behalf and in your place. The rights and powers are whatever is written on the document. This video covers the areas that you need to consider so that you can give away only the power that you intend for someone to have.

Tuesday, May 18, 2021

Irrevocable Vs Revocable Trust


Establishing a living trust is critical to the ability to protect your assets and beneficiaries when you die. But many people don't know that there are two types of trusts - irrevocable trusts and revocable trusts. With irrevocable trusts, the grantor's assets are moved out of the estate. In a revocable trust, assets stay in the grantor's estate. There are advantages to each type depending on the grantor's specific circumstances. Here is a rundown on the differences between the two types of trusts.

Irrevocable Trust

Most people are unaware of the advantages that this type of trust provides:

  • Asset Protection - Moves assets out of the grantor's hands, keeping it safe from lawsuits or creditors. A trustee has the power to make decisions with or without the input of the grantor.
  • No Estate Taxes - Many people are attracted to these trusts because they are protected from federal estate taxes.
  • No Capital Gains Taxes - A skilled lawyer will be able to move assets into irrevocable trusts so as to avoid capital gains taxes. This cannot occur with a revocable trust.

Before placing assets into this type of trust, make sure that the grantor will never need them. While it is possible to retrieve assets, it is very difficult and time-consuming.

Revocable Trust

Most people have an idea of what this type of trust is. Grantors without complicated tax issues that want to still maintain control over their assets, often choose to have this trust.

  • Mental Disability - Individuals who fear that they will one day be incapacitated, may want to designate a trustee to handle their assets which can include extensive instructions that the trustee must carry out. This is called a Disability Trustee.
  • To Protect Beneficiaries and Property - Keeps your property and assets out of probate. This ensures that your documents stay private and out of the public record. If privacy is important to you, consider a Revocable Living Trust as opposed to a Last Will and Testament which becomes a matter of public record that can be seen by anyone.
  • To Avoid Probate - Assets at the time of a person's death will pass directly to the beneficiaries named in the trust agreement and avoid probate.
  • For Flexibility - These types of trusts can be changed. If you have a second thought about a particular item or beneficiary, you can modify the document through a trust amendment. If you don't like the trust as a whole, then you can revoke the entire document.
Word of Caution: These trusts offer not creditor protection. If the asset holder is sued, the items in the trust are fair game. Upon your death, those assets will be subject to federal and state estate taxes.


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