Trust, Medical Information Disclosure Authorization, Schedule of Assets, Statement of Wishes (optional), Pour-Over Will, Living Will, Durable General Power of Attorney, Advance Health Care Directive, Durable Power of Attorney for Health Care, Asset Transfer Information Guidelines, and optional asset transfer documents including Assignment of Certificate of Deposit, Bank Letter, Bill of Sale to Trust (General), Bill of Sale to Trust (Personal Property), Grant Deed, Preliminary Change of Ownership Report, Insurance, Securities Transfer Stocks/Bonds/Other.
Friday, September 15, 2017
Trust in The Legal Doc to Prepare Your Estate Planning Documents
Trust, Medical Information Disclosure Authorization, Schedule of Assets, Statement of Wishes (optional), Pour-Over Will, Living Will, Durable General Power of Attorney, Advance Health Care Directive, Durable Power of Attorney for Health Care, Asset Transfer Information Guidelines, and optional asset transfer documents including Assignment of Certificate of Deposit, Bank Letter, Bill of Sale to Trust (General), Bill of Sale to Trust (Personal Property), Grant Deed, Preliminary Change of Ownership Report, Insurance, Securities Transfer Stocks/Bonds/Other.
Tuesday, September 5, 2017
What is a Probate and Where Do I Start?
Saturday, September 2, 2017
Do you need to file for a conservatorship?
- General Conservatorships —
conservatorships of adults who cannot take care of themselves or their
finances.
- Limited Conservatorships —
conservatorships of adults with developmental disabilities who cannot
fully care for themselves or their finances. Conservatees in limited
conservatorships do not require a higher level of care than conservatees
in general conservatorships may require.
- A conservator of the
person cares for and protects a person. The conservator is
responsible for making sure that the conservatee has proper food,
clothing, shelter, and health care. Depending on the conservatee’s ability
to understand and make decisions, the conservator may need to make
important medical decision for the conservatee.
- A conservator of the
estate handles the conservatee’s financial matters — like paying
bills and collecting a person’s income.
- Arrange for the conservatee’s
care and protection.
- Decide where the conservatee
will live.
- Make arrangements for the
conservatee’s:
- Meals,
- Health care,
- Clothing,
- Personal care,
- Housekeeping,
- Transportation,
- Shelter,
- Recreation, and
- Well-being.
- Report to the court on the conservatee’s current
status.
- Manage the conservatee’s
finances.
- Locate and take control of all
assets.
- Collect the conservatee’s
income.
- Make a budget to show what the
conservatee can afford.
- Pay the conservatee’s bills.
- Responsibly invest the
conservatee’s money.
- Protect the conservatee’s
assets.
- Account to the court and to the
conservatee for the management of the conservatee’s assets.
- Advance health care directive
- Court authorization for medical
treatment
- Informal personal care
arrangements
- Restraining orders to protect
against harassment
- Power of attorney
- A substitute payee for public
benefits (like veterans’ benefits or social security benefits)
- Informal arrangements
- Joint title on bank accounts or
other property
- Living trusts
Thursday, August 24, 2017
Cost Cutting Unbundling
Monday, April 11, 2011
Uncontested Dissolution of Marriage (Divorce): An Overview
Save a bundle on legal fees if your divorce is uncontested!
What does "uncontested" mean?
A dissolution of marriage (divorce) is uncontested if both spouses agree on the division of assets and debts, child custody arrangements and payment of child or spousal support. Most divorce cases are resolved in this manner, where the terms of property division, support and custody are addressed in a written Marital Settlement Agreement (MSA), and no trial is necessary. If your case is contested, please contact an attorney or certified family law mediator to ensure your rights are protected.
There are many advantages:
- Save a bundle on legal fees
- Quick, efficient court processes, requiring minimal, if any, court appearances (often no court appearance is necessary)
- The MSA becomes part of your judgment; you essential get to write your own court orders
- You maintain control of your entire case
Types of Uncontested Divorces
Uncontested Dissolution of Marriage
This is the typical uncontested divorce case. One spouse, the "Petitioner" files the Petition; the other spouse, the "Respondent" files a Response, or an Appearance, Stipulations, and Waivers form. Both spouses must pay a court filing fee (unless a fee waiver is granted due to financial hardship). Both spouses must exchange financial disclosures with each other, and both parties must sign the Marital Settlement Agreement. All required documents can be completed very quickly, so you get your judgment back as soon as possible.
Default Case with Written Agreement
This type of divorce is similar to the Uncontested Dissolution of Marriage, above. However, in this type of uncontested divorce case, the Respondent does not file any response with the court (thereby saving the Respondent's filing fee, which varies by jurisdiction but is typically around $400). A Default may take a bit longer than the above type of case, because the Petitioner must wait until at least 30 days after the Respondent is served with the Petition before filing the Default paperwork and submitting the final judgment packet and MSA to the court. Even though the Respondent makes no appearance, he or she still must exchange financial information with the Petitioner, and must sign the Marital Settlement Agreement.
True Default Case
In a true default case, the Respondent files no documents, makes no appearance in court, and does not sign a Marital Settlement Agreement. The Petitioner must prove to the court that the Petition and financial disclosures were served on the other spouse, and must file several other forms with the court. A hearing may be necessary with this type of divorce; but you can still proceed with the dissolution of your marriage, even if your spouse is totally non-responsive.
Factors Common to All Uncontested Divorce Cases
- The earliest you can be legally deemed an "unmarried" person is six months plus one day from the date the Petition was served on the Respondent
- If your documents are processed and the court judgment entered before that date, you may proceed with dividing assets, changing your name, and enforcing other provisions in your MSA; however, your marital status will not change from "married" to "unmarried" until the expiration of six months plus one day, or another later date as determined by both spouses or the court
Monday, January 24, 2011
Don’t be Fooled by Solicitations from Companies that Will “File” Your Annual Corporate Minutes (for a fee, of course)
After receiving a suspicious-looking solicitation on “official” letterhead bearing a Sacramento address, clients often ask:
“I got a form in the mail entitled “Disclosure Statement: Department of Annual Business Minutes (DOBM)” or “Annual Disclosure Statement” (or something similar), from a Sacramento address. It says I must fill it out and return it with a check for $125. Is this a scam? Do I need to do anything with my minutes on a yearly basis?”Generally speaking, these are scams. I, myself, receive these solicitations several times a year. There are many companies out there that get an address somewhere in Sacramento (sometimes it’s just a mailbox store), and send envelopes with logos that somewhat resemble the official seal of the State of California, or they may look like they are from the Secretary of State’s office or the Department of Corporations. They generally tell you of some ill that will befall you and your business of you do not immediately sign the form and send it back with anywhere from $115 to $150 for annual minutes. You may receive such a solicitation within a few of weeks of filing your Articles of Incorporation.
Articles of Incorporation are public records, and these companies simply purchase lists of newly formed corporations. With so many small businesses incorporating every day, it’s like shooting fish in a barrel for them, and unfortunately their scare tactics work on a lot of people.
Here’s the real deal: Your corporation must have an annual meeting of the shareholders and an annual meeting of the directors. Meeting requirements are set forth in the Corporations Code and also in your corporation’s bylaws. These “meetings” do not have to be at a fancy conference location, and if your board of directors consists of just one person, you won’t exactly be “meeting” with yourself. But the meetings do have to be documented with minutes in your corporate record book. The bylaws further specify the requirements for the date and time of both the annual meeting of shareholders and the annual meeting of directors. In small corporations, these are usually handled as “paper meetings,” that is, minutes are generated documenting major decisions made that affect the corporation, but there is no actual “meeting” where folks sit down and conduct a discussion, etc. Failure to maintain an up to date corporate binder with all of the documents required in the Corporations Code and your bylaws (including minutes of these annual meetings) could potentially cause you to lose your corporate liability protection, and you may also be required to produce such documentation in the event you are ever audited by the tax authorities.
You can find an attorney or legal document assistant to prepare the necessary documents. However, these are all things you can do yourself, too. There are some easy-to-understand self-help books out there, like Nolo’s book on corporate resolutions. The Secretary of State will mail you a blank SOI form you can fill out and send back. But if you don’t want to hassle with it, we’re here to help.
Above all else, please understand that any solicitation you receive is likely a scam. Minutes do not get filed with the Secretary of State’s office; the only thing filed with the Secretary is the annual Statement of Information. Odds are, you will receive these bulk-mailed solicitations at various times of the year, often when you are nowhere near the annual meeting date established in your bylaws. Whatever services they are trying to sell you most likely won’t include the SOI, may not include the necessary notice waivers, and may not include the minutes of both meetings (shareholders and directors) as required in your bylaws.
Bottom line…buyer beware!
Wednesday, October 27, 2010
What is a Lis Pendens, and How Can I Record One if I am Not Represented by an Attorney?
A “notice of pendency of action,” also known as a “lis pendens” (Latin for “a suit pending”), is a written notice that a lawsuit has been filed that may affect either the title to, possession of, or a claimed ownership interest in real property. The notice is usually filed in the county Recorder’s office. Recording the notice alerts a potential purchaser or lender that the property’s title is in question, which can make the property less attractive to a buyer or lender.
For the purposes of this article, all code sections refer to the California Code of Civil Procedure, unless otherwise indicated.
The Underlying Action
A notice of pendency of action is available in actions involving “real property claims,” which are defined in California Code of Civil Procedure § 405.04 as “the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.”
In addition, some types of cases require that a notice of pendency of action be filed:
- At the time of filing a complaint in an action to reestablish lost land records. (§ 751.13.)
- Immediately upon commencement of a quiet title action. (§ 761.010(b).)
- Within 10 days after filing the complaint in an action concerning real property titles affected by public improvement assessments (§ 801.5.)
- Immediately upon filing a complaint for partition of real property; if, thereafter, partition of other real property is sought in the same action, a supplemental notice is also required. (§ 872.250.)
- At the time of the commencement of an eminent domain proceeding. (§ 1250.150.)
- To give constructive notice of the pendency of an action involving a claim against the state for escheated property (§ 1355.)
- In an actions involving the accession to real property, by the improver of such property, who acted in good faith, against the owner and encumbrances of record. (Civil Code § 1013.5(b).)
- With the clerk of the probate court in an action to enforce a claim rejected by an executor or administrator of a decedent’s estate (Probate Code § 9354.)
- Within 10 days of bringing an action by a purchaser to determine adverse claims to or clouds upon the title to tax deeded property (Revenue and Taxation Code § 3956.)
- With the city or county treasurer in an action for recovery on an improvement bond (Streets and Highways Code § 6619.)
Recording Requirements
Unless otherwise specified, the notice must be recorded in the office of the Recorder of each county in which all or part of the property is situated. The notice must contain the names of all parties to the action and a description of the property affected by the action.
An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, on request of a party, approve a notice of pendency of action.
A notice of pendency of action may not be recorded unless: (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to § 405.6 (eminent domain).
Except in eminent domain actions under § 405.6, the claimant shall, prior to recording the notice, cause a copy to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll.
Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon any adverse party later joined in the action.
Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the above requirements are met for that party or owner and a proof of service in the form and content specified in § 1013a has been recorded with the notice of pendency of action.
Undertaking
Generally, at any time after a notice of pendency of action has been recorded, the court may, upon motion by any person with an interest in the property, require the claimant to give the moving party an undertaking as a condition of maintaining the notice in the record title.
However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the person moves to require an undertaking.
The court may permit evidence to be received in the form of oral testimony and may make any orders it deems just to provide for discovery by any affected party.
An undertaking required pursuant to this section shall be of such nature and in such amount as the court may determine to be just. In its order requiring an undertaking, the court shall set a return date for the claimant to show compliance and if the claimant fails to show compliance on the return date, the court shall order the notice of pendency of action expunged without further notice or hearing.
Expunging a Notice of Pendency of Action
At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property, may apply to the court to expunge the notice.
However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice.
Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under §§ 405.31 and 405.32.
The court must order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim, or the claimant has not established the probable validity of the real property claim (e.g. it is more likely than not that the claimant will obtain a judgment against the defendant).
The court may not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim, or finds that the claimant has not established the probable validity of the claim.
In expungement proceedings, the court shall order that the notice be expunged if the court finds that the real property claim has probable validity, but adequate relief can be secured to the claimant by the giving of an undertaking.
The expungement order must be conditioned on the giving of the undertaking of a nature and in an amount as will indemnify the claimant for all damages proximately resulting from the expungement that the claimant may incur if the claimant prevails on the real property claim.
In an expungement proceeding, the court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.
Withdrawing the Notice of Pendency of Action
At any time after notice of pendency of an action has been recorded, the notice may be withdrawn by recording, in the office of the Recorder in which the notice of pendency was recorded, a notice of withdrawal executed by the party who recorded the notice or by the party’s successor in interest. This notice of withdrawal must be acknowledged.