Friday, June 24, 2022

Variations

A Professional Limited Liability Company (usually shortened as PLLC, P.L.L.C., or P.L., sometimes PLC, standing for professional limited company - not to be confused with public limited company) is a limited liability company organized for the purpose of providing professional services. Usually, professions where the state requires a license to provide services, such as a doctor, chiropractor, lawyer, accountant, architect, landscape architect, or engineer, require the formation of a PLLC. However, some states, such as California, do not permit LLCs to engage in the practice of a licensed profession. Exact requirements of PLLCs vary from state to state. Typically, a PLLC's members must all be professionals practicing the same profession. In addition, the limitation of personal liability of members does not extend to professional malpractice claims.

A Series LLC is a special form of a Limited liability company that allows a single LLC to segregate its assets into separate series. For example, a series LLC that purchases separate pieces of real estate may put each in a separate series so if the lender forecloses on one piece of property, the others are not affected.

An L3C is a for-profit, social enterprise venture that has a stated goal of performing a socially beneficial purpose, not maximizing income. It is a hybrid structure that combines the legal and tax flexibility of a traditional LLC, the social benefits of a nonprofit organization, and the branding and market positioning advantages of a social enterprise.

An anonymous Limited Liability Company is a LLC for which ownership information is not made publicly available by the state. Anonymity is possible in states that do not require the public disclosure of legal ownership of a LLC, or where a LLC's identified legal owners are another anonymous company.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net


Tuesday, June 21, 2022

Advantages and Disadvantages of a LLC

Advantages
  • Choice of tax regime. An LLC can elect to be taxed as a sole proprietor, partnership, S corporation or C corporation (as long as they would otherwise qualify for such tax treatment), providing for a great deal of flexibility.
  • A limited liability company with multiple members that elects to be taxed as partnership may specially allocate the members' distributive share of income, gain, loss, deduction, or credit via the company operating agreement on a basis other than the ownership percentage of each member.[a] S corporations may not specially allocate profits, losses and other tax items under US tax law.
  • The owners of the LLC, called members, are protected from some or all liability for acts and debts of the LLC, depending on state shield laws.
  • In the United States, an S corporation is limited to 100 shareholders, and all of them must be U.S. tax residents. An LLC may have an unlimited number of members, and there is no citizenship restriction.
  • Much less administrative paperwork and record-keeping than a corporation.
  • Pass-through taxation (i.e., no double taxation), unless the LLC elects to be taxed as a C corporation.
  • Using default tax classification, profits are taxed personally at the member level, not at the LLC level.
  • LLCs in most states are treated as entities separate from their members. However, in some jurisdictions such as Connecticut, case law has determined that owners were not required to plead facts sufficient to pierce the corporate veil and LLC members can be personally liable for operation of the LLC) (see, for example, the case of Sturm v. Harb Development
  • LLCs in some states can be set up with just one natural person involved.
  • Less risk of being "stolen" by fire-sale acquisitions (more protection against "hungry" investors).
  • For some business ventures, such as real estate investment, each property can be owned by a separate LLC, thereby shielding the owners and their other properties from cross-liability.
  • Flexible membership: Members of an LLC may include individuals, partnerships, trusts, estates, organizations, or other business entities, and most states do not limit the type or number of members.
Disadvantages
Although there is no statutory requirement for an operating agreement in most jurisdictions, members of a multiple member LLC who operate without one may encounter problems. Unlike state laws regarding stock corporations, which are very well developed and provide for a variety of governance and protective provisions for the corporation and its shareholders, most states do not dictate detailed governance and protective provisions for the members of a limited liability company. In the absence of such statutory provisions, members of an LLC must establish governance and protective provisions pursuant to an operating agreement or similar governing document.

  • It may be more difficult to raise financial capital for an LLC as investors may be more comfortable investing funds in the better-understood corporate form with a view toward an eventual IPO. One possible solution may be to form a new corporation and merge into it, dissolving the LLC and converting into a corporation.
  • Many jurisdictions—including Alabama, California, Kentucky, Maryland, New York, Pennsylvania, Tennessee, and Texas—levy a franchise tax or capital values tax on LLCs. In essence, this franchise or business privilege tax is the fee the LLC pays the state for the benefit of limited liability. The franchise tax can be an amount based on revenue, an amount based on profits, or an amount based on the number of owners or the amount of capital employed in the state, or some combination of those factors, or simply a flat fee, as in Delaware.
  • Effective in Texas for 2007 the franchise tax is replaced with the Texas Business Margin Tax. This is paid as: tax payable = revenues minus some expenses with an apportionment factor. In most states, however, the fee is nominal and only a handful charge a tax comparable to the tax imposed on corporations.
  • In California, both foreign and domestic LLCs, corporations, and trusts, whether for-profit or non-profit—unless the entity is tax exempt—must at least pay a minimum income tax of $800 per year to the Franchise Tax Board; and no foreign LLC, corporation or trust may conduct business in California unless it is duly registered with the California Secretary of State.
  • Renewal fees may also be higher. Maryland, for example, charges a stock or nonstock corporation $120 for the initial charter, and $100 for an LLC. The fee for filing the annual report the following year is $300 for stock-corporations and LLCs. The fee is zero for non-stock corporations. In addition, certain states, such as New York, impose a publication requirement upon formation of the LLC which requires that the members of the LLC publish a notice in newspapers in the geographic region that the LLC will be located that it is being formed. For LLCs located in major metropolitan areas (e.g., New York City), the cost of publication can be significant.
  • The management structure of an LLC may not be clearly stated. Unlike corporations, they are not required to have a board of directors or officers. (This could also be seen as an advantage to some.)
  • Taxing jurisdictions outside the US are likely to treat a US LLC as a corporation, regardless of its treatment for US tax purposes—for example a US LLC doing business outside the US or as a resident of a foreign jurisdiction. This is very likely where the country (such as Canada) does not recognize LLCs as an authorized form of business entity in that country.
  • The principals of LLCs use many different titles—e.g., member, manager, managing member, managing director, chief executive officer, president, and partner. As such, it can be difficult to determine who actually has the authority to enter into a contract on the LLC's behalf.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net


Saturday, June 18, 2022

How understanding divorce can help your marriage | Jeannie Suk Gersen


To understand what makes marriages work, we need to talk about why they sometimes end, says family law professor Jeannie Suk Gersen. Follow along as she lays out three ways that thinking about marital decisions through the lens of divorce can help you better navigate togetherness from the beginning.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, June 15, 2022

History of an LLC


The first state to enact a law authorizing the creation of limited liability companies was Wyoming in 1977. The law was a project of the Hamilton Brothers Oil Company, which sought to organize its business in the United States with liability and tax advantages similar to those it had obtained in Panama.

From 1960 to 1997, the classification of unincorporated business associations for the purpose of U.S. federal income tax law was governed by the "Kintner regulations," which were named after the prevailing taxpayer in the 1954 legal precedent of that name. As promulgated by the Internal Revenue Service (IRS) in 1960, the Kintner regulations set forth a complex six-factor test for determining whether such business associations would be taxed as corporations or partnerships. Some of these factors had equal significance, so that the presence of only half of them would result in classification as a partnership. Accordingly, the Wyoming Legislature tailored its statute to grant LLCs particular corporate features without exceeding this threshold.

For several years, other states were slow to adopt the LLC form because it was unclear how the IRS and courts would apply the Kintner regulations to it. After the IRS finally decided in 1988 in Revenue Ruling 88-76 that Wyoming LLCs were taxable as partnerships, other states began to take the LLC seriously and enacted their own LLC statutes. By 1996, all 50 states had LLC statutes. In 1995, the IRS came to the conclusion that the widespread enactment of LLC statutes had undermined the Kintner regulations, and in 1996 it promulgated new regulations establishing a so-called "check the box" (CTB) entity classification election system that went into effect throughout the United States on January 1, 1997.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net


Sunday, June 12, 2022

What is an LLC?

A limited liability company (LLC) is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation under state law; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, and, under certain circumstances, LLCs may be organized as not-for-profit. In certain U.S. states (for example, Texas), businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC).

An LLC is a hybrid legal entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are). An LLC is a type of unincorporated association distinct from a corporation. The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. As a business entity, an LLC is often more flexible than a corporation and may be well-suited for companies with a single owner.

Although LLCs and corporations both possess some analogous features, the basic terminology commonly associated with each type of legal entity, at least within the United States, is sometimes different. When an LLC is formed, it is said to be "organized", not "incorporated" or "chartered", and its founding document is likewise known as its "articles of organization," instead of its "articles of incorporation" or its "corporate charter". Internal operations of an LLC are further governed by its "operating agreement," a "member," rather than a "shareholder.” Additionally, ownership in an LLC is represented by a "membership interest" or an "LLC interest" (sometimes measured in "membership units" or just "units" and at other times simply stated only as percentages), rather than represented by "shares of stock" or just "shares" (with ownership measured by the number of shares held by each shareholder). Similarly, when issued in physical rather than electronic form, a document evidencing ownership rights in an LLC is called a "membership certificate" rather than a "stock certificate".

In the absence of express statutory guidance, most American courts have held that LLC members are subject to the same common law alter ego piercing theories as corporate shareholders. However, it is more difficult to pierce the LLC veil because LLCs do not have many formalities to maintain. As long as the LLC and the members do not commingle funds, it is difficult to pierce the LLC veil. Membership interests in LLCs and partnership interests are also afforded a significant level of protection through the charging order mechanism. The charging order limits the creditor of a debtor-partner or a debtor-member to the debtor's share of distributions, without conferring on the creditor any voting or management rights.

Limited liability company members may, in certain circumstances, also incur a personal liability in cases where distributions to members render the LLC insolvent.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, June 9, 2022

A brief history of divorce - Rod Phillips


Dig into the complicated history of divorce— from the earliest known divorce laws in ancient Mesopotamia to modern day. 

--

Formally or informally, human societies across place and time have made rules to bind and dissolve couples. The stakes of who can obtain a divorce, and why, have always been high. Divorce is a battlefield for some of society’s most urgent issues, including the roles of church and state, individual rights, and women’s rights. Rod Phillips digs into the complicated history of divorce.

Lesson by Rod Phillips, directed by Chintis Lundgren

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Monday, June 6, 2022

History of a Corporation

The word "corporation" derives from corpus, the Latin word for body, or a "body of people". By the time of Justinian (reigned 527–565), Roman law recognized a range of corporate entities under the names Universitas, corpus or collegium. Following the passage of the Lex Julia during the reign of Julius Caesar as Consul and Dictator of the Roman Republic (49–44 BC), and their reaffirmation during the reign of Caesar Augustus as Princeps senatus and Imperator of the Roman Army (27 BC–14 AD), collegia required the approval of the Roman Senate or the Emperor in order to be authorized as legal bodies. These included the state itself (the Populus Romanus), municipalities, and such private associations as sponsors of a religious cult, burial clubs, political groups, and guilds of craftsmen or traders. Such bodies commonly had the right to own property and make contracts, to receive gifts and legacies, to sue and be sued, and, in general, to perform legal acts through representatives. Private associations were granted designated privileges and liberties by the emperor.

The concept of the corporation was revived in the Middle Ages with the recovery and annotation of Justinian's Corpus Juris Civilis by the glossators and their successors the commentators in the 11th–13th centuries. Particularly important in this respect were the Italian jurists Bartolus de Saxoferrato and Baldus de Ubaldis, the latter of whom connected the corporation to the metaphor of the body politic to describe the state.

Entities which carried on business and were the subjects of legal rights were found in ancient Rome, and the Maurya Empire in ancient India. In medieval Europe, churches became incorporated, as did local governments, such as the City of London Corporation. The point was that the incorporation would survive longer than the lives of any particular member, existing in perpetuity. The alleged oldest commercial corporation in the world, the Stora Kopparberg mining community in Falun, Sweden, obtained a charter from King Magnus Eriksson in 1347.

In medieval times, traders would do business through common law constructs, such as partnerships. Whenever people acted together with a view to profit, the law deemed that a partnership arose. Early guilds and livery companies were also often involved in the regulation of competition between traders.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Friday, June 3, 2022

Corporation, What Is It?

A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and recognized as such in law for certain purposes. 10  Early incorporated entities were established by charter (i.e. by an ad hoc act granted by a monarch or passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: by whether they can issue stock, or by whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as aggregate (the subject of this article) or sole (a legal entity consisting of a single incorporated office occupied by a single natural person).

One of the most attractive early advantages business corporations offered to their investors, compared to earlier business entities like sole proprietorships and joint partnerships, was limited liability.[clarification needed] Limited liability means that a passive shareholder in a corporation will not be personally liable either for contractually agreed obligations of the corporation, or for torts (involuntary harms) committed by the corporation against a third party. Limited liability in contract is uncontroversial because the parties to the contract could have agreed to it and could agree to waive it by contract. However, limited liability in tort remains controversial because third parties do not agree to waive the right to pursue shareholders. There is significant evidence that limited liability in tort may lead to excessive corporate risk taking and more harm by corporations to third parties.

Where local law distinguishes corporations by their ability to issue stock, corporations allowed to do so are referred to as stock corporations; one type of investment in the corporation is through stock, and owners of stock are referred to as stockholders or shareholders. Corporations not allowed to issue stock are referred to as non-stock corporations; i.e. those who are considered the owners of a non-stock corporation are persons (or other entities) who have obtained membership in the corporation and are referred to as a member of the corporation. Corporations chartered in regions where they are distinguished by whether they are allowed to be for-profit are referred to as for-profit and not-for-profit corporations, respectively.

There is some overlap between stock/non-stock and for-profit/not-for-profit in that not-for-profit corporations are always non-stock as well. A for-profit corporation is almost always a stock corporation, but some for-profit corporations may choose to be non-stock. To simplify the explanation, whenever "stockholder" or "shareholder" is used in the rest of this article to refer to a stock corporation, it is presumed to mean the same as "member" for a non-profit corporation or for a profit, non-stock corporation. Registered corporations have legal personality recognized by local authorities and their shares are owned by shareholders whose liability is generally limited to their investment.

Shareholders do not typically actively manage a corporation; shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity. In most circumstances, a shareholder may also serve as a director or officer of a corporation. Countries with co-determination employ the practice of workers of an enterprise having the right to vote for representatives on the board of directors in a company.

In American English, the word corporation is most often used to describe large business corporations. In British English and in the Commonwealth countries, the term company is more widely used to describe the same sort of entity while the word corporation encompasses all incorporated entities. In American English, the word company can include entities such as partnerships that would not be referred to as companies in British English as they are not a separate legal entity. Late in the 19th century, a new form of the company having the limited liability protections of a corporation, and the more favorable tax treatment of either a sole proprietorship or partnership was developed. While not a corporation, this new type of entity became very attractive as an alternative for corporations not needing to issue stock. In Germany, the organization was referred to as Gesellschaft mit beschränkter Haftung or GmbH. In the last quarter of the 20th century, this new form of non-corporate organization became available in the United States and other countries, and was known as the limited liability company or LLC. Since the GmbH and LLC forms of organization are technically not corporations (even though they have many of the same features), they will not be discussed in this article.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Tuesday, May 31, 2022

Surviving Divorce: David Sbarra at TEDxTucson 2012


David A. Sbarra, Ph.D., is a clinical psychologist and Associate Professor of Psychology at the University of Arizona where he serves as Director of Clinical Training. Dr. Sbarra teaches advanced graduate courses in psychotherapy, he is the author of numerous research papers and book chapters concerning divorce, stress, coping, and both mental and physical health. In addition to his is work as a professor of psychology, Dr. Sbarra maintains a small clinical practice in Tucson.

David's TEDx talk describes his latest research on divorce and healing in the aftermath of marital separation. Nearly 50% of marriages end in divorce, and David's research is illuminating new ways to promote recovery after this stressful life event.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Saturday, May 28, 2022

Types of Divorce : No-fault divorce


Most Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown," the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been irreparable by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no."

The application can be made by either party or by both parties jointly.

In jurisdictions adopting the 'no-fault' principle regarding whether to grant a divorce, some courts may still take into account the fault of the parties when determining some aspects of the content of the divorce decree, e.g., its terms for the division of property and debts and the absence, or amount, of spousal support. Provisions related to child custody are determined using a different fundamental standard: the child's or children's best interests; At the same time, some behaviors that may constitute marital fault (e.g., violence, cruelty, endangerment, neglect, or substance abuse) may also qualify as factors to be considered when determining child custody, they do so for the independent reason that they provide evidence as to what arrangement is in the child's or children's best interests in the future.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, May 25, 2022

Types of Divorce : Summary divorce

A summary (or simple) divorce, available in some jurisdictions[which?], is used when spouses meet certain eligibility requirements or can agree on key issues beforehand.

Key factors:

  • Short duration of marriage (less than five years)
  • Absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount)
  • Absence or minimal value of real property at issue and any associated encumbrances such as mortgages
  • Absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles)
  • Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital
Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Sunday, May 22, 2022

Where Do I Start After A Divorce?


Alan is recently divorced and is starting over. He calls dave for advice on where to begin.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, May 19, 2022

Types of Divorce : At-fault divorce


Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible with the marriage. This was termed "grounds" for divorce (popularly called "fault") and was the only way to terminate a marriage. In the United States, no-fault divorce is available in all 50 states, as is the case with Australia, New Zealand, Canada and other Western countries.

Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

The grounds for a divorce which a party could raise and need to prove included 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.' The requirement of proving a ground was revised (and withdrawn) by the terms of 'no-fault' statutes, which became popular in many Western countries in the late 1960s and early 1970s. In 'no-fault' jurisdictions divorce can be obtained either on a simple allegation of 'irreconcilable differences,' 'irretrievable break-down', or 'incompatibility' with respect to the marriage relationship, or on the ground of de facto separation.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Monday, May 16, 2022

Types of Divorce : Contested

Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer's time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called 'Alternative Dispute Resolution' and has gained popularity.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Friday, May 13, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Tuesday, May 10, 2022

Types of Divorce


In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.

In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In the absence of agreement, a contested divorce may be stressful to the spouses.

In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again if a filing in an appellate court does not overturn the decision.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Saturday, May 7, 2022

What is Divorce?


Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

The only countries that do not allow divorce are the Philippines and the Vatican City. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an undocumented immigrant and satisfies certain conditions. The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 it was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, May 4, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Sunday, May 1, 2022

Need help with paperwork?

UNCONTESTED DIVORCE  |  LIVING TRUSTS  |  WILLS  |  DEEDS  |  NAME CHANGES |  NOTARY PUBLIC  |  POWER OF ATTORNEY |  INCORPORATION/LLC |  PROBATE  |  OTHER UNCONTESTED LEGAL MATTERS

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, April 28, 2022

Contact Us Today!

Rene & Tammy Bojorquez
1371-C Oliver Road
Fairfield, CA 94534

707.428.9871 Direct
707.428.9873 Fax

Email: btpfairfield@sbcglobal.net

Monday, April 25, 2022

What Is Probate?


Probate is simply the process for proving to the appropriate court that a document is the deceased's last will and testament and that the deceased knew what it was and signed it under his person, under his own free will, at a time he was mentally competent, and the document was properly witnessed, getting authority from the court to gather the assets, pay the deceased's obligations, and the distribute the assets to the beneficiaries named in the will.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Friday, April 22, 2022

What is the Probate Process?

Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.

The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Tuesday, April 19, 2022

Probate


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

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

Our fees are 1% of the value of the estate (up to $5,000.00). Any fees for the courts, probate referee, publication will be extra.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Saturday, April 16, 2022

Happy Easter.


From us, to you, Happy Easter.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, April 13, 2022

History of a Trust

Roman law had a well-developed concept of the trust (fideicommissum) in terms of "testamentary trusts" created by wills but never developed the concept of the inter vivos (living) trusts which apply while the creator lives. This was created by later common law jurisdictions. Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. In medieval English trust law, the settlor was known as the feoffor to uses, while the trustee was known as the feoffee to uses, and the beneficiary was known as the cestui que use, or cestui que trust.

At the time, land ownership in England was based on the feudal system. When a landowner left England to fight in the Crusades, he conveyed ownership of his lands in his absence to manage the estate and pay and receive feudal dues, on the understanding that the ownership would be conveyed back on his return. However, Crusaders often encountered refusal to hand over the property upon their return. Unfortunately for the Crusader, English common law did not recognize his claim. As far as the King's courts were concerned, the land belonged to the trustee, who was under no obligation to return it. The Crusader had no legal claim. The disgruntled Crusader would then petition the king, who would refer the matter to his Lord Chancellor. The Lord Chancellor could decide a case according to his conscience. At this time, the principle of equity was born in English law. However, the original notion of equity goes all the way back to Aristotle and is found in book V, chapter 10 of his Ethics. Indeed, the universities of the 13th century often wrote commentaries on Aristotle's works, and it was these universities that gave rise to the lawyers of the time.

The Lord Chancellor would consider it "unconscionable" that the legal owner could go back on his word and deny the claims of the Crusader (the "true" owner). Therefore, he would find in favour of the returning Crusader. Over time, it became known that the Lord Chancellor's court (the Court of Chancery) would continually recognize the claim of a returning Crusader. The legal owner would hold the land for the benefit of the original owner and would be compelled to convey it back to him when requested. The Crusader was the "beneficiary" and the acquaintance the "trustee". The term "use of land" was coined, and in time developed into what we now know as a trust.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Sunday, April 10, 2022

Living Trusts/Wills

Living Trusts are a way for you to make sure that your estate goes to who you want it to go to, without having to go through the Delay, Agony and Expense of Probate.

We can assist with creating Single Living Trust for one person, or Joint Living Trusts for Married Couples.

Our Living Trust Package includes:

  • Articles of Trust
  • Wills
  • Financial Power of Attorney
  • CA Advanced Health Care Directive
  • HIPAA Release

Our fees are $599.00 for a Single Living Trust or $699.00 for a Joint Living Trust.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, April 7, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Monday, April 4, 2022

What is an LLC?

A limited liability company (LLC) is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. A LLC is not a corporation under state law; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, and, under certain circumstances, LLCs may be organized as not-for-profit. In certain U.S. states (for example, Texas), businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC).

An LLC is a hybrid legal entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are). An LLC is a type of unincorporated association distinct from a corporation. The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. As a business entity, an LLC is often more flexible than a corporation and may be well-suited for companies with a single owner.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Friday, April 1, 2022

Incorporation or LLC

Let us help you set up your Corporation or LLC.

We will create your Company Articles, file them with the Secretary of State, and create an Organizational Kit for you, including: Sample Bylaws and Minutes, Seal, Shares, and Misc. Needed Forms.

Our fees are $399.00 plus filing fees:

  • INC – $120.00
  • LLC – $90.00
1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Tuesday, March 29, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Saturday, March 26, 2022

Divorce cont.

Legal Separation is the same process for the court and 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 are $399.00 (No Kids, No Assets or Debts, Less than 5yrs) $599.00 (no Kids) $699.00 (w/Kids). The other fees you will pay will be the filing fee for the court of $485.00 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 your 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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, March 23, 2022

Divorce

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 a divorce is 6 months from the date of service.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Sunday, March 20, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, March 17, 2022

Where Are We Located?


1371-C Oliver Road
Fairfield, CA 94534

707.428.9871 Direct

Monday, March 14, 2022

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.


1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Friday, March 11, 2022

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.

Contact us today at By The People to see how we can help you!

Rene & Tammy Bojorquez
1371-C Oliver Road
Fairfield, CA 94534

707.428.9871 Direct
707.428.9873 Fax

Email: btpfairfield@sbcglobal.net

Tuesday, March 8, 2022

How Can We Help?


Contact us today at By The People to see how we can help you!

Rene & Tammy Bojorquez
1371-C Oliver Road
Fairfield, CA 94534

707.428.9871 Direct
707.428.9873 Fax

Email: btpfairfield@sbcglobal.net

Saturday, March 5, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Wednesday, March 2, 2022

What is a paralegal?l


What is a paralegal? In Ontario, paralegals are a unique response to access to justice. Paralegals are not lawyers but may operate independently. This video offers a brief overview of a comparison between paralegals and lawyers.

For questions, call Rene or Tammy at 707-428-9871

Sunday, February 27, 2022

Paralegal, explained.

A paralegal is a professional in legal sciences that performs procedures autonomously or semi autonomously. They also work in support or assist professionals related to the legal area of a consultative or judicial litigation nature. Its labor market is broad, including consultancies, companies that have legal departments or that perform legislation compliance activities such as: environmental, labor, controlled products, product registration, trademarks and patents, tax, bidding, among others. Legal offices and public bodies also have many paralegals in support activities although they do not yet use the correct name of the profession[citation needed.

In United States in 1967, the American Bar Association (ABA) endorsed the concept of the paralegal and, in 1968, established its first committee on legal assistants.

The exact nature of their work and limitations that the law places on the tasks they are allowed to undertake vary between nations and jurisdictions. Paralegals generally are not allowed to offer legal services independently in most jurisdictions. In some jurisdictions, paralegals can conduct their own business and are called paralegals, providing services such as settlements, court filings, legal research and other auxiliary legal services; these tasks often have instructions from a solicitor attached.

In the United States, a paralegal is protected from some forms of professional liability under the theory that paralegals are working as an enhancement of an attorney, who takes ultimate responsibility for the supervision of the paralegal's work and work product. Paralegals often have taken a prescribed series of courses in law and legal processes. Paralegals may analyze and summarize depositions, prepare and answer interrogatories, draft procedural motions and other routine briefs, perform legal research and analysis, draft research memos, and perform case and project management. Paralegals often handle drafting much of the paperwork in probate cases, divorce actions, bankruptcies, and investigations. Consumers of legal services are typically billed for the time paralegals spend on their cases. In the United States, they are not authorized by the government or other agency to offer legal services (including legal advice) except in Washington State in the same way as lawyers, nor are they officers of the court, nor are they usually subject to government-sanctioned or court-sanctioned rules of conduct. In some jurisdictions (Ontario, Canada, for example) paralegals are licensed and regulated the same way that lawyers are and these licensed professionals may be permitted to provide legal services to the public and appear before certain lower courts and administrative tribunals.

Read more, here.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Thursday, February 24, 2022

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.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Monday, February 21, 2022

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


Friday, February 18, 2022

What is a Notary?

A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.

A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters.

The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373.

Read more, here.

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

1371-C Oliver Road
Fairfield, CA 94534

Website

Tuesday, February 15, 2022

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 $15.00 per signature you need notarized, in Cash Only. You must sign the document in our presence and provide valid photo identification.

1371-C Oliver Road
Fairfield, California 94534

By Phone: 707.428.9871
By Fax: 707.428.9873

By Email: btpfairfield@sbcglobal.net

Saturday, February 12, 2022

Legal Advice vs Legal Information | QOTD


Legal information is general information about a legal topic. Legal advice is specific to a person or situation. The limits of my law license forbid me from giving legal advice to anyone who is not a client. I don’t give legal advice through my YouTube channel.

If legal questions were easy, we wouldn’t need lawyers.

Check our website to see what services we provide.
We can also provide you with a referral for an excellent local attorney to suit your specific case needs.

Thursday, February 10, 2022

What is Legal Advice?

Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law.

Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being pro bono publico (in the public good), or simply pro bono.

In the common law systems it is usually received from a solicitor, barrister or lawyer; in civil law systems it is given by advocates, lawyers or other professionals (such as tax experts, professional advisors, etc.).

In some countries, legal advice is subject to the possession of a specific license; in others, it is simply subject to the general regulation of professional obligation and can be provided by any person, who will usually be legally responsible for the provided advice. The UK's Legal Services Act 2007 includes the giving of legal advice within the definition of unreserved legal activities, which means that it can be provided by any person not just an officer of the court. However, if it is provided by a lawyer or another person authorised by one of the front line legal services regulators, then this activity is included within their regulatory reach.

With the advent of the internet, many services have been established to provide individuals the power to conduct their own legal research or prepare their own legal documents. As well, some companies offer answers to legal questions directly through their web services.

Read more, here.

Explore our website and give us a call at 707-428-9871 if you have any questions on how our services can help you.