Saturday, September 20, 2014

By The People FAQs

  • Are BY THE PEOPLE Personnel attorneys? No, we are not attorneys. We are Legal Document Assistants. In California, we are a licensed and bonded profession.
  • What if I need legal advise? You can always consult with an attorney of your choice. We can provide you with a referral for an excellent local attorney who specializes in cases similar to yours if you have questions we cannot answer for you, or your situation is more complicated than our services are meant to help with.
  • Do you have a Notary Public? Yes, whenever we are open we have a Notary Public on staff. If you are a BY THE PEOPLE customer, all Notarizations of your documents are included in our fees. If you have documents not prepared by BY THE PEOPLE, we charge $10.00 per signature you need notarized, in Cash Only. You must sign the document in our presence and provide valid photo identification.
  • Does BY THE PEOPLE handle Criminal Matters? No, we only handle uncontested civil matters. However, if you would like to contact us, we may be able to refer an excellent local attorney to you.
  • I need to have my documents prepared immediately. Do you have Rush or Same-Day document preparation services? Yes, we can prepare certain documents within a few hours, if necessary. Rush and Same-Day services are available for the following documents: Wills, Powers of Attorney, Health Care Directives, Deeds, LLC and Incorporation Articles. A modest Rush Fees will apply to these services.
  • How long will it take to prepare my documents? The documents we prepare at BY THE PEOPLE are typed specifically at your direction. All documents are then rigorously proofed to ensure you receive the highest quality legal documents available anywhere. Most of our documents are prepared and ready for you to sign within one week, depending on your situation. 
For more information please visit http://bythepeopleca.com/

Friday, September 19, 2014

Probate - By The People

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 $3,500.00). Any fees for the courts, probate referee, publication will be extra.

Thursday, September 18, 2014

Incorporation/LLC - By The People

Let By The People 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 - $115.00 and LLC - $85.00

Wednesday, September 17, 2014

Divorce/Legal Seperation - By The People

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 minium time period for a divorce is 6 months from the date of service.

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 is $599.00 if there are minor children, or $499.00 if there are no minor children. The only other fee you will pay will be the filing fee for the court of $435.00. 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.

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

Tuesday, September 16, 2014

By The People Commercial



We're a legal document assistance company, and basically that means we help people do their own documents. The main two services we provide are living trusts and divorce. So what we pride ourselves is going above and beyond for each and every one of our customers. Whether that means sometimes going to the house and doing a home visit for home bound people who need that service. Sometimes its a notary, sometimes it's a living trust. We work with everybody. If you have a legal need, we're going to be here to help you.

Part of the Free Commercial Push by A Squared. Published online only.

Monday, September 15, 2014

7 Advantages of Living Wills

Although the word will is used as part of a living will, it really isn't a will at all. Basically living wills, also known as inter vivos trusts, advance directives or healthcare directives, are documents that express the preferences and desires regarding medical treatments of a person in case they are later unable to communicate their wishes due to permanent unconsciousness or an illness that is terminal. Often they help people who want to avoid artificial life support as well as other more advanced medical procedures to sustain life so they can have a natural death. Today they also include things like organ donation, artificial resuscitation, and tube feeding as well. When these wills are valid, health care professionals are bound to carry out the instructions in the living will.

These wills are not just a choice for the sick or the elderly. They are an important choice for anyone, since anyone can end up dealing with accidents or sudden illnesses. Not convinced that you need a living will? Well, here are a few of the advantages of having a living will that may change your mind.

Advantage #1 - Refuse Treatments You Don't Want - One of the main advantages of having a living will is that it allows you to refuse any treatments that you do not want. Perhaps you do not want artificial resuscitation or a feeding tube in certain cases. With your inter vivos trust you can specify the treatments that you do not want given to you. Some people feel that certain treatments are against their moral beliefs, and the living will gives them the opportunity to make sure they are not given these treatments in a time where they cannot voice their opinion and dissent.

Advantage #2 - You Know the Outcome - Having a living will also is advantageous because it allows you to know the outcome before it happens. You never know what type of accident could happen or what type of disease could attack your body. However, when you have your document in place, you can know what the outcome will be if you have one of these problems and can no longer make your own medical decisions.

Advantage #3 - Prevent Arguments Among Family Members - A living will can also help to prevent arguments among family members if something unfortunate happens to you. No doubt you have family that cares about you, and all of them may have different ideas of the best treatments if you are ill and unable to make your own decisions. The last thing you want is your family arguing about your treatments. So, having your healthcare directives in place totally eliminates any arguments that could occur with your family members.

Advantage #4 - Make Decisions Easy for Your Family - Making a decision about a dying loved on or a permanently ill loved one can be so hard for the family. It can be a lot of pressure to make these kinds of decisions. However, when you have your living will done, your family will not have to make the decisions for you, which makes it so much easier for them.

Advantage #5 - Insure Doctors Follow Your Wishes - No doubt you want to be sure that your doctors follow your wishes in the end. With an advance directive, you can insure that your doctors do follow your wishes and that they don't just do what they feel is best for you. This allows you to be in control of the decisions made instead of the doctor.

Advantage #6 - Authorize Treatments You May Want Given - While a living will allows you to refuse treatments, it also can help you to authorize treatments that you may want given to you as well. There are many medical treatments that require authorization from the patient, and you may be in a position where you cannot do this; however, if you have the authorization in your will for certain treatments, it can insure you get the treatment you need.

Advantage #7 - Eliminate Financial Encumbrance for Your Family - Often people who end up with permanent illnesses end up needed long time care, which can be very expensive. Some people prefer not to leave this type of financial encumbrance on their family. With your living will, you can choose options that will eliminate financial encumbrance for your family so you don't have to worry about them searching for financial resources to help pay for your treatment and care.

So, I hope that explains what a living will is and why it is a good idea to have one.


Ken Black is the owner of 24x7Legal.com. Visit this site for more information about living wills.
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Sunday, September 14, 2014

Documents to Consider When Doing Estate Planning

There's nothing that can prevent someone from dying, since physical death is an absolute certainty that no one can escape. The fear for some people, though, is not what's going to happen to them after they pass on, but more on who's going to take care of their loved ones, especially if the people he'll be leaving behind are either very young children or are incapacitated, or both.

You can't have control of what's going to happen to you after death, but you sure can decide what's going to happen to your assets once that event transpires. It's called estate planning. This is the process by which a person (or even a family) arranges the transfer of his assets in anticipation of his death. And in estate planning, there are several documents to consider. Here are some of them:

Last will and testament - This document takes front and center in all the planning. This is the document that legally provides for the transfers of assets after one's death. It names a person to settle the estate, a trustee who will administer any trust established, and a guardian if there minor children. For those who die without having executed a will, they are considered to be 'intestate.' Under certain laws, if one is intestate, property goes first (or in major part) to a spouse, and then to children and their descendants.

Trust - Persons preparing a will and testament can execute either 'inter vivos' or testamentary trusts (trusts established through a will). The difference between the two is that with the former, assets are transferred into the living during the trust creator's lifetime, as opposed to testamentary trusts, where the transfer becomes operative at the time of death.

Durable powers of attorney - A power of attorney is the document that authorizes a designated agent to carry out financial and business transactions for the person that's establishing the document. This grants such agent to access bank accounts (and even brokerage accounts), deal with insurance companies, and even sell property. This effectively allows the agent to step into the shoes of the person he is assisting.

Healthcare power of attorney - This document is a form of a living will that is designed, among other things, to: provide instructions for the conditions should life-sustaining procedures be utilized, authorize who will make healthcare decisions, and ensure that the person chosen to make these decisions is given access to the executor's medical records during incapacity.

These are the important documents to take into account so a person can have the opportunity to make personal and financial decisions, both in life and after death, without the need for court orders.

Estate planning deals with certain legal issues, which makes it important for an individual to get the services of a lawyer while doing it. You can get attorneys estate planning at ClinchLongLetherbarrow.
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Saturday, September 13, 2014

Top 6 Most Frequently Asked Questions in Expunging Your DUI Conviction Records in California

Like most states in US, California too allows you to expunge your DUI conviction record. Expunging your DUI conviction record will help you get rid of all the problems resulting from your offense and make you to experience the life like before. Regardless of whether your offense is misdemeanor or felony, they can usually be expunged. Following are the FAQ's which are sure to provide you an insight about expunging your DUI records in California:

What is expungement?

Expungement means sealing your DUI conviction record which practically means giving petition to the court to expunge your record and the court replaces your plea as not guilty and then dismisses your case. So when applying for a job or under any other circumstances you need not have to disclose that you have been convicted.

Who Is Eligible For expungement in California?

You are eligible for expungement:

  • if you are a first DUI offender who has only one charge for either a misdemeanor or felony
  • a year has passed since conviction
  • if you have completed probation successfully and not on probation for another offense
  • have no charges pending
  • have paid all the fines ordered by the court
 
How much does it cost to file for expungement? 
 
It costs between $50 and $80 to file for expunging your record. 
 
Will they need my presence at the court? 
 
No, your expungement lawyer can do it for you. 
 
What will I benefit from expunging my DUI conviction record? 
 
There are a lot you will benefit from expunging your record such as employment, licensing etc,. 
 
What expungement won't do? 
 
Your expunged case can still be used for increasing your punishment when you again caught up for a DUI or other criminal cases.
 
 
The DUI Process manual provides solution related to expunging your DUI record, getting your driver's license back, saving a lot of money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in. Article Source: http://EzineArticles.com/?expert=Jennifer_Mann

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Thursday, September 11, 2014

Qualified Domestic Relations Orders (QDRO)

A Qualified Domestic Relations Order (QDRO) is an order issued by a state authority or court, which provides funds from the retirement account of a divorcing individual to his or her spouse. This is done to pay alimony or child support payments, or to split up the marital property.

Requirements for a QDRO

For a Qualified Domestic Relations Order to be issued by the court, the court must have information:

  • on the total amount of payments to be made
  • on the periods for which payments must be made
  • on the names and addresses of the divorcing individuals
  • about the retirement account out of which the QDRO will be set up

Features of a QDRO

A Qualified Domestic Relations Order has the following features

  • A QDRO does not affect the basic rules of a retirement account. For example, funds cannot be withdrawn earlier than what the retirement plan allows.
  • The benefits to be received under a Qualified Domestic Relations Order are taxable, even if they are being paid in place of child support payments, which are usually not taxable.
  • The recipient of the benefits can defer the tax payments by investing the amount in an Individual Retirement account.
  • Although used mostly in divorce cases, a Qualified Domestic Relations Order may also be set up for a legal separation case.
  • The account to be used must be a retirement account.
  • Previous alimony and child support payments can be paid with a Qualified Domestic Relations Order.

There are a number of other factors concerning QDROs that a person going through a divorce should consider before proceeding with his or her case.

If you or someone you know is considering a divorce, and would like to find out more information about QDROs and your legal rights, contact the passionate Oceanside divorce lawyers of Fischer & Van Thiel, LLP, today. James Witherspoon
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Wednesday, September 10, 2014

What Is Estate Planning and Is It Useful?

Estate planning creates a plan for distribution of your assets after you die. Most of us are familiar with a common product of estate planning: the will. Featured in TV shows and in everyday conversations, sometimes, the discussion surrounding this popular topic is not favorable.

We've seen people contesting wills, challenging their family members, feeling cheated by the administrators of wills and by the law and we've seen them arguing through lawyers about what wills mean how they should be executed. Other forms of estate planning exist to reduce the amount of conflict surrounding decisions.

Health care decisions can be included in estate planning; a health care proxy exists so that a chosen person can act out the desires of an incapacitated person still under medical care.

When it comes to the distribution of their wealth and medical decisions, multiple measures exist to enable the dead and the severely injured a means of executing their own desires. However, even in the case where no formal plans are made, heirs do receive some forethought in terms of the law.

The law of intestacy communicates that even if no measures are taken to distribute assets by a deceased party, those assets will still go to the deceased person's heirs. The law of intestacy has the most staying power in situations where it is least likely to be challenged by those wanting more. For insurance, according to Attorney Sean W. Scott of Virtual Law Office, this law works with a small number of assets and a with a small number of heirs.

In each of these cases, one can imagine there would be less conflict involved. With less to fight over, less fights can ensue. The same is likely true with less beneficiaries; as heirs likely know one another well when smaller in number, less family tension can arise. Less instances of certain heirs feeling more worthy than others to certain possessions may exist. The likelihood that an individual or set of siblings would usurp others' belongings may be reduced. And general confusion arising from miscommunication and a lack of cemented durable relationships may possibly decrease with a smaller set of heirs. None of these suggestions are set in stone, yet corresponding data would be a more than interesting dinner topic.

Scott emphasizes the financial advantages of estate planning, sharing that taking certain precautions can save money for heirs receiving portions of estates. As lawyers stay on the job, working to settle issues between family members or between the state and family members, their tabs continue running. Evaluating the multiple options may familiarize you with the best decisions for your situation, reducing stress and increasing savings for your loved ones after you pass.

Estate planning businesses offer the best in financial services to their target markets through use of digital content. Al Tinas, (C. Catchings), provides high-quality content to estate planning experts as well as other business leaders.
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