Making a Will - What You Should Know About Creating a Will

A will is an important document for any person to have. This document simply provides directions on how your property will be handled when you pass on. Many times, when people die without a will in place, a lot of misunderstandings can arise within the family and the community at large. It is therefore important to specify how one's property or estate will be handled to avoid these misunderstandings.

A will writing service is important to help you come up with your will. It is possible for you to write your will without any help but if you are not familiar with this process, you need guidance so that you can write a will correctly.

The first thing you need to do is identify a good will writing service that has the requisite experience and reputation to ease the process of making a will. There are a number of benefits that you will get when you work with a will writing service. Some of these benefits include:

• Correct Structure

Certain things are required when you are drawing up your will. You must indicate that you are of the right age and of sound mind. You must also indicate that this is your last will and testament. You still are able to amend your will at any time you wish to.

These services will also help you to understand technical terms used when writing a will. A man writing a will is called a testator while a woman is called a testatrix. The will has to be signed by the testatrix or the testator and signed by two other witnesses.

• Tax Implications

Certain assets or estates can have tax implications. If you leave your estate to someone else other than your spouse, they might be required to pay taxes on it. It is important to know this in advance and plan for it accordingly.

• Will Execution

Another important aspect to consider is the executor of the will. This is the person who will carry out the terms of the will should you pass on. The person who helps you write the will can also be the executor if they have that capacity. If not, you should name the person or company to carry out this function.

Making a will should not be a problem for you. With the right people to help you, this process will be easy. It will allow you to rest well knowing that your estate will be handled correctly when you pass on.

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Wills and Trusts - What Are the Differences?

Both of these legal documents offer a way to distribute estate assets when a person dies but each is different in a variety of ways.

Wills

With a will, it is cheaper to prepare but it can be expensive to probate. In many jurisdictions, according to estate law, this is a legally binding document, which will allow you to give your assets to a designated beneficiary or beneficiaries. Unfortunately, this usually does not happen until after the person of the will dies. A will executor carries out the distribution of their assets. After the creator dies, the will must go through probate. During probate, the court will decide if the will is valid. Then the court will supervise the distribution of the assets. This can be a costly process because the assets can be subjected to estate taxes. When this is the case, an estate lawyer's services may be required.

With a will, one of the drawbacks is that they become public record after the creator's death so everything about the will is public knowledge. In order to manage the distribution of assets, there will be a conservatorship or a power of attorney.

Trusts

A trust is more expensive to prepare but when there is a trust, it will usually allow the beneficiaries to avoid any probate costs. After having a trust written it can take effect any time during a person's lifetime using a trustor to convey assets to the trustee to hold for the beneficiaries. When the creator dies, the probate is avoided. This is because the assets were transferred during the lifetime of the trustor. The trust will continue to function even after the trustor dies.

With a trust, it will usually remain private and allow the beneficiaries of the trust to maintain confidentially about the specific terms of the trust. Generally having a trust can provide more tax benefits. In some jurisdictions, they will allow for a certain amount of the trust assets to be passed on to the beneficiaries without requiring them to pay gift and estate taxes. Depending on any applicable trust laws, the tax perks available will vary from one jurisdiction to another jurisdiction.

In managing a trust, it can be done by a trustee or a trustor but will depend on how the trust has been set up. If the trustor manages the trust then he will usually specify who will manage it once he has died.

In conclusion

Looking at all the facts it appears that it is best if a trust is set up to distribute the assets instead of using a will. If you are uncertain talk to an estate attorney for legal advice as to which one you should set up for your particular situation.

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

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

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

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

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

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

Estate Planning : Have You Been Named in the Will?

If you are a beneficiary in a will, you will most likely receive notice after the will is entered in probate court. Learn what to do if you have been named in a will from an estate planning and probate lawyer in this free video on estate law.

Legal Questions : How Does a Living Trust Work?

The idea of a living trust is that, while a person is still alive, they transfer their assets into a trust document that administers the assets. Avoid probate through a living trust with help from a certified civil mediator in this free video on law and legal questions.

DUI Expungement Process - Steps to Clear Your DUI Record

If you are convicted of DUI, you may want to expunge your DUI record in order to get a job, loan, house, etc. Expungement refers to the process of removing or erasing your DUI records. You are required to petition the court in order to get your records expunged. This article discusses steps to clear your DUI record by covering the whole process from petitioning to obtaining expungement. Each state's expungement laws vary; therefore, this article gives you a basic idea on the process.

DUI expungement process:

1. Where to file a petition for expungement?

You need to file a petition for expungement in the superior court in the county where your DUI arrest occurred.

2. What are the grounds for denial of expungement?

You can be denied for expungement:

- if you haven't completed probation.

- if you didn't show a good reason to expunge your DUI record.

- if you are convicted of severe felony.

- if a great deal of time has passed since your arrest or conviction.

3. What are the grounds for acceptance of expungement?

You are allowed to expunge:

- if this is the only conviction on your record.

- if you didn't spend any time in state prison.

- if you have rehabilitated yourself.

4. How to file for an expungement?

- Do you need a lawyer?

You don't necessarily need a lawyer for expunging your records. It's just that this process involves a lot of paperwork and if you have a lawyer by your side, he can give you advice regarding that. If you don't wish to hire a lawyer, you should learn all the procedures that are required to get this process done.

- How long does it take?

The entire expungement process could take anywhere from 4 to 6 months.

- What is the filing fee? 

The filing fee may vary from $50 to $400 depending on your case and your state.

- What forms do you need to fill and where to get them?

You need to go to your county courthouse and ask the clerk for the expungement forms. As mentioned above the forms may cost around $50 to $400. The clerk may give you the following forms: 1. Expungement petition, 2. Affidavit or proof of service form.

5. What happens after you file the petition for expungement?

After you file the petition for expungement, a copy will be sent to all agencies that have your records like arresting agency, the county attorney, the city police department etc. They may accept or refuse your request. If they accept, the court will grant your petition without hearing. If they refuse, a hearing will be held and you are required to attend. (This law can vary from state to state). You will be notified of hearing date through the mail. In some states, though, the court sets the hearing date, while in others you have to pick the date. You must ask your clerk beforehand regarding how your state's county court hearing date is set.

6. The Court hearing and decision:

Your petition for expungement may or may not be granted. If you won the expungement hearing, you must check after 60 days to see for yourself whether your records show up during a criminal record check. The 60 days period is when the court orders all the agencies to seal your record. However, if you lose your hearing, you may need to ask for an expungement once again.

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Can a Beneficiary Also Be a Witness to My Will?

Can a beneficiary also be a witness to my will?

How Do I Set Up an LLC Without a Lawyer?

Limited Liability Companies (LLC) are business entities that got their start in 1977 and are considered to fit somewhere between sole proprietors/partnerships, and fully incorporated companies. Existing to fill the gap between corporations and sole proprietors LLCs can help to segment personal and business assets and liabilities while at the same time maintaining a simplified tax structure. An LLC is not corporations but is a company structure to operate like a corporation.

Liability

An LLC is in itself its own legal entity so long as it is treated as one. The LLC can assume obligations of debt. In other words, the LLC, not the members, hold a loan and the liabilities that go along with it. If however, the members of an LLC use the entity as their personal bank or for personal matters it is possible that the LLC will not be recognized as a separate entity if a lawsuit is filed.

Taxes

As far as taxes go LLCs are considered by the IRS as pass-through entities. This means income passes through the business and goes straight to the LLC members just as they would with a sole proprietorship or partnership. These profits or losses are filed on each individual's tax return. A caveat to this is that LLCs can be taxed as a corporation if the members elect to do so. So, if treated appropriately an LLC can shield its members from the liabilities of a corporation without assuming the tax overhead true incorporation must maintain.

How to File

If you are thinking about forming an LLC for your business, spend the next 20 minutes educating yourself on the difference between Sole proprietorships, LLCs, and S corporations. My guess is that for most people starting out as a sole proprietorship will be sufficient for current needs and much cheaper than filing for an LLC.

If you have done your homework and have decided that an LLC is the way to go, what next? The steps to filing an LLC are not complex and although requirements vary from state to state, setting up an LLC is a simple process that can usually be done in an hour.

1. Articles of Organization
   
   The first step is to contact your secretary of state and obtain the required form for filing an LLC. In some cases, this will be a simple fill in the blank form. The state of Washington, for example, has an online application. The processes guide you through establishing a legal name, completing the certificate of formation, establishing the registered agent, defining the members, and guides you through the initial annual report. The fee for WA is roughly $200.00, additional costs may apply depending on how you file. Google your secretary of state to find out more of the specifics.


2. Registered Agent
   
   As you fill out your articles of organization you will be required to define the registered agent for the LLC. In most cases, this will be you. The registered agent is the person or business that is designated to receive important documents on behalf of the LLC. The most appropriate individual for this is generally the one spearheading the business.


3. Operating Agreement
   
   The operating agreement is the internal agreement between the members of the LLC. It is not required to form the LLC but it should be drafted to state the rights and responsibilities of the members. The operating agreement should contain but is not limited to the following;
   
   
   • Capital Contributions. How are the members expected to make capital contributions if the business needs additional capital?
   • Management Decisions. When the members are faced with important management decisions, does each get one vote, or do they vote according to their percentage interests in the LLC? Majority shareholders may feel they deserve a larger say.
   • Financial Withdraws. How do owners go about draws from the profits of the business?
   • Buy Out/Cash out. How do members leave the LLC? Will they receive an immediate payout of their capital contributions?
   • Compensation. If a member does leave how much should they be paid?
   • Share. While there are not actual shares within an LLC it should be defined how or if a departing owner is allowed to sell an interest to an outsider?

Publish a Notice

Some states require a notice of intent to be published. This can be as simple as running a classified ad in your local paper. Specifics on this will vary and your secretary of state can provide you with the steps required.

Licensing

The last bit to think about is obtaining other appropriate insurance, permits, and licenses for your new LLC. Each industry had its own unique set of requirements so be mindful of this once your business is established.

Conclusion

LLCs are considered by many to be a great way to establish a small business. There is little required to get one started and protection they provide could be priceless. That said an LLC may not be needed for everyone. Only you know the entity type most appropriate for your business.

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FAQs - Know More About DUI Record Expungement and Get Your Life Back on Track

Most states in the US allow DUI record expungement. Expunging your DUI arrest or conviction record eliminates all the consequences it has in your life and helps to get your life back on track. To help you in regards to expungement, this article answers some of the most frequently asked questions.

DUI record expungement - Frequently Asked Questions:

1. What does expunging your DUI record mean?

DUI expungement is a legal process through which your DUI arrest or conviction record is completely physically destroyed.

2. Are you eligible for an expungement?

You are eligible to expunge your DUI record:

- if a certain amount of time has passed since your arrest or conviction.

- if you have completed all the terms and conditions of probation.

- if you have no new pending charges.

- if you have paid all the fines, completed jail time, community service, rehab and fulfilled all the conditions imposed by the court.

3. What will you benefit from expungement?

Once you are notified that your DUI records are expunged, you are, thereafter, to be relieved of all the disabilities resulting from your DUI arrest or conviction.

It means you do not have to disclose your conviction or arrest to your prospective private employer or when applying for a home mortgage loan or under any other circumstances.

4. How much does expungement cost?

Hiring an attorney to expunge your DUI records costs around $400 to $4000 depending on many factors like the nature of your charges i.e., misdemeanor or felony, number of charges and experience of your DUI expungement attorney. In addition to this, court and filing fees can cost $100 to $400.

5. Do you need an attorney for expunging your DUI record?

You can expunge your DUI record with or without the help of an attorney. A DUI expungement attorney ensures that your records get expunged on time. So if you can afford an attorney fee you can hire one. Otherwise, you must make sure every phase in the expungement process is completed on time and correctly.

6. Will they need your presence at the court?

If you have hired an attorney, he/she will take care of all the matters on your behalf. But if you have not, you must represent yourself in the court.

7. How long does the DUI expungement process take?

If you want to expunge your misdemeanor record, it will take roughly 2 to 6 weeks from the time the application is filed.

Or if you want to expunge your felony record or want to reduce it to a misdemeanor it usually takes 4 to 6 weeks from the time the application is filed.

8. What expungement will not do for you?

Your expunged DUI arrest or conviction can still be used to increase your penalties and punishments if you get another DUI in the future.

Now that you know the answers for some of the most frequently asked questions, so you can take steps to expunge your existing or older DUI conviction and arrest record and get your life back on track.

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4 Things You Need To Know About Advanced Directives

It is a sad truth that death is an inevitable part of life. And, even though many of us are reluctant to face this fact, it is no excuse to fail to plan for your end-of-life healthcare, particularly if you are past retirement age. Although it may be scary to think about your end-of-life decisions, it can greatly improve the quality of life for your family after you are gone, and will reduce the chance your passing is a burden on your family. Advanced directives offer you the assurance that your last wishes will be fulfilled. Here are four things to know about them.

1. What is an Advanced Health Care Directive?

An advanced directive is a generic term for a legal document that describes to and instructs others about your medical care, in the event you are unable to make your decisions known. A directive only becomes effective under circumstances described in the document, but in general, allow you to do two things. The first is to appoint a health care agent or power of attorney. This person will make decisions on your behalf. Secondly, the directive will provide instructions about exactly what forms of health care you want and do not want.

2. Why Are Advanced Directives Important?

According to recent surveys, the majority of people would prefer to die in their own homes. However, many terminally-ill patients meet the end of their life while in the hospital, typically while receiving ineffective treatments that they may or may not really want. Occasionally, this confusion can cause conflict between the surviving members of the family, leading to fights and arguments. Meanwhile, the dying person's thoughts and wishes remain unexpressed. An advanced care directive prevents all of this. From documenting the treatments you want to describing your wishes for your remains and personal effects, advanced care planning is highly beneficial.

3. Creating an Advanced Care Directive

An advanced care directive and living will do not have to be complicated, however, the content may be complex and should be considered carefully. In general, it will consist of short, simple statements about what types of treatments you would accept or deny, given particular circumstances where you are unable to speak for yourself. It is important to create this document with the help and guidance of your family, legal, health, and financial professionals for maximum effectiveness.

4. Talking With Your Loved Ones About Your Choices

A vital step in advanced care planning is to clearly communicate your wishes to your loved ones and family about your decisions, and why you are making them. For most of us, this conversation can seem like a daunting task. You may be uncomfortable bringing up your own death with your loved ones, or it may seem like poor timing to have that conversation, but it is much better to have this conversation now, before there's a problem, so that everyone can remain calm and relaxed.

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