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