Thursday, December 31, 2015

Uncontested Divorce - Definition, Terms and Conditions

An Uncontested Divorce is a legal procedure in which the spouses mutually agree on certain terms and conditions, in order to adjourn their marriage. An uncontested divorce can be executed successfully if the spouses comply to a shared agreement in the matters related to the property partition, financial matters, any kind of support activities related to their children, and other litigious affairs.

A major benefit of consenting with an uncontested divorce is that unlike contested divorce, it doesn't have to deal with emotional and financial issues, is relatively inexpensive and quick, since most of the times the spouses may not find any need of an attorney or a court case for the divorce, if they are in good terms with each other, and plan to go with proper understanding. This is quite helpful essentially when the couple has much less assets to deal with and no children.

There are many "Do it yourself" forms available at concerned regulatory agencies, which can assist you in going ahead with the uncontested divorce activity yourself, without the need of any outside legal authority or attorney.But, in case of the issues for child support or the partition of community property, one must follow up with attorney related to divorce, before they proceed with signing off any legal documents.

Divorce is a quite tedious and sometimes displeasing procedure.Despite having mutual consent on many of the terms, there still exist loads of matters that need to be taken care of, before ending up the marriage. The couple needs to be capable enough to distinguish these issues and resolve them as soon as they can. To decide whether it is appropriate for a couple to go ahead with an uncontested divorce rather than a contested one, there are certain points that can be used as reference:

1) Are both the spouses agreeing to go for a divorce, or one of them still wants to re-establish the relationship?

2) Are all the financial issues, modes of income and other related assets properly understood by both the spouses, so that they can divide and decide on them accordingly?

3) In case, there are children, are all the issues regarding the child care and support,custody, periodic meetings and visits decided yet?

4) Are all the issues getting settled with mutual consent, and are devoid of any hard feelings?

5) Are both the partners in accord with the honesty or authenticity of the other partner's notions,regarding the resolution of these issues?

If either of the above mentioned questions, has an answer as "yes", then it is appropriate to go for an uncontested divorce.

Uncontested divorce can be carried on easily and without much hassles, but they can be derogatory to certain individuals in case the people involved in the divorce, do not know much about their appropriate rights with respect to the alimony amount, partition of pension, earnings from real estate, and other modes of income.

Hence, it is always advisable to consult an attorney or other legal authorities related to divorce, even while going on with the uncontested divorce, where you and your partner mutually agree to all the terms.

Uncontested Divorce.
Article Source:

Article Source:

Wednesday, December 30, 2015

Benefits of an LLC For Rental Property Owners

Rental property owners are entrepreneurs. And as entrepreneurs, their primary goal is to maximize profit. One of the most basic steps in maximizing profit is to minimize costs and other liabilities. Recently, the up and coming trend of protecting one's personal assets from the liabilities of a rental business is to set up an LLC over the rental properties. With this LLC, the rental property owner's personal property, like home, car and other assets, are protected from the unpredictable demands of owning rental property. There are also other benefits of an LLC for rental property owners.

Personal property protection

First of, what is an LLC? LLC stands for Limited Liability Company. Without the LLC, business owners are liable for damages and other losses from their business even with their own personal assets.

To illustrate, a sole-proprietor will have to pay for anything and everything that deals with his business out of his own pockets. He can never interpose that his business is bankrupt when he still maintains a personal bank account, his own car and his own home. His personal assets will have to answer for the deficiency. Corporate shareholders do not have this problem because they are protected by the law on corporations that shareholders are only liable for losses out of their corporate shares, hence, their personal property is protected and remains untouched by any corporate liability. The downside of forming a corporation though is that the process itself is meticulous and profits will have to be shared with a handful of shareholders.

LLC combines the ease of being a sole-proprietor with the potential of earning huge profits all by yourself and the protection to personal assets that corporations offer. Personal property protection is the most basic and primary of the benefits of an LLC for rental property owners.

Tax advantages

Another of the benefits of an LLC for rental property owners is the tax advantages. Has even better tax treatment than when in a corporation. A corporate shareholder in essence will have to pay taxes twice. First, when the corporation itself pays its taxes, and second when the shareholder has to pay his own tax from the income derived from the corporation. An LLC is not taxed as a separate entity. The property owner will only have to pay his taxes once, upon his receipt of the income from the rental property. Also, the net loss in the LLC can be declared as a personal deduction for the property owner!

Be a professional by name

Real estate laws require one to spend a certain number of hours in real estate activities to be called as professionals in the real estate industry. But being in an LLC, these requirements are cut in as much as half!

An LLC may be obtained for separate properties

Another of the great benefits of an LLC for rental property owners is that a different or separate LLC may be obtained for each and every property. Why is this beneficial? Because when an investment is sued covered by an LLC, all the properties belonging to that LLC will stand liable for the suit. Covering separate properties with separate LLCs will only make the specific property or investment liable for the claim it is sued for.

These are only the basic benefits of an LLC for rental property owners. And these are already enough to convince any serious business-minded property owner, what would a more detailed study of the benefits do? Start protecting your own personal property and increasing your profits all in the same time. Get an LLC now!

North New England [] Homes Blog and North New England Homes can offer you a whole deal of information about the real estate market. Whether you want to sell your house, buy a property or rent one, getting all the information that you need will give you a great advantage.
Article Source:

Article Source:

Tuesday, December 29, 2015

Easily Misused Estate Planning Terms

Wills and Living Wills

Wills and Living Wills are key parts of any good estate plan. However, though the two sound similar they serve very different purposes. A Living Will states your choices for the kind of medical care you want to receive if you become sick or injured and are unable to talk. A Last Will and Testament, often referred to as just a Will, deals with your property and how you want it distributed if you should die. Therefore, a will is only effective after you die and a living will is only effective before you die and when you incapacitated.

Advance Directive vs Advanced Directive

A Living Will is a type of advance directive. All advance directives are documents a person creates that state what his or her choices are in the event he or she becomes incapacitated or otherwise unable to communicate with other people. Advance directives, such as Living Wills or health care powers of attorney, typically address financial or medical situations and can state specific choices as well as nominate someone else to make decisions on the incapacitated person's behalf.

These documents are referred to as "advance" directives because you make them in advance or in preparation for the possibility that you become incapacitated. Some people mistakenly use the term "advanced" directive, implying that the documents are somehow more complicated or important than others. This is not true, and anyone can make advance directives fairly easily as long as they ensure the documents comply with state law.

Probate Estate vs Trust Estate vs Taxable Estate

An estate is a general term used to describe an area or amount of property. It is sometimes used when referring to assets that are part of the probate estate at someone's death, or assets that are not payable to another person at the owner's death or not part of a trust estate. If an asset is part of a trust estate, then generally the asset will not be part of the probate estate. Further, when considering the taxable estate of an individual for estate tax purposes the IRS will consider the gross estate of the decedent to include the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated. If property is part of a trust estate, it may or may not be part of the gross estate for federal estate tax purposes depending on certain facts about the trust.

Medicare vs Medicaid

Medicare is a federal program attached to Social Security. It is available to all U.S. citizens 65 years of age or older and it also covers people with certain disabilities. It is available regardless of income.
Medicaid is a joint federal and state program that helps low-income individuals and families pay for the costs associated with medical and long-term custodial care. Unlike Medicare, Medicaid has strict eligibility requirements.

Experienced estate planning attorneys Dallas TX of the John R. Vermillion & Associates, LLC offers estate planning and business planning resources to residents of Dallas TX. To learn more about these free resources, please visit today.
Article Source:

Article Source:

Monday, December 28, 2015

What Happens If You Become Incapacitated Without A Durable Power Of Attorney

A General Durable Power Of Attorney is an estate planning document that is meant to be in place for if you become incapacitated or disabled and are no longer able to speak for yourself or carry on your financial affairs. The durable nature of the power of the attorney comes into play when a trusted person that you name in the document steps into place for you to manage your assets and handle your affairs for you until you recover or for the rest of your life. What happens if you do not have this important document in place and you become disabled or incapacitated and are no longer able to act on your own behalf?

If you become incapacitated in most states without a General Durable Power Of Attorney in place for yourself then the Probate Court in your county steps in and decides who would be the person to handle your affairs that would have named in your power of attorney if would have properly made one. The probate court in your county of residence most likely must appoint both a Guardian and Conservator for you. A Guardian is appointed to look after your health and well-being and make decisions that are in your best interest of your person. A Conservator is appointed by the Probate Court to look after your money and make sure that you are not being taken advantage of financially. The conservator must file strict accounting reports with the Probate Court and will most likely have to post a bond in case any money is mishandled. This process can be extremely costly and drain your assets before you get to enjoy them again after you regain capacity or pass them on to your loved ones.

A General Durable Power Of Attorney eliminates the need to appoint a Guardian and Conservator as a trusted person is named and given the powers to carry out your needs if you become incapacitated. This document allows you to be in control of your own affairs through anther instead of the choice being out of your hands and made by a government agency at a much greater cost of time and money. While it is not pleasant to think of yourself being incapacitated at any point in your life, it is a reality that most people do not die right away and go through some period of disability. Protect yourself by planning ahead.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate personal injury and divorce and family law. For further information visit his website at Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813
Article Source:

Article Source:

Sunday, December 27, 2015

Don't "Lose" Your Living Will - Storage Places to Avoid

Question: I just came back from my attorney with my estate planning documents.  One of my documents is a "living will," but I have no idea where to put it.  How about putting it where it will be safe, like in my bank's safe deposit box?

Answer: Remember that a living will is only useful if it is found!  You should store your living will (also called an "advance healthcare directive") where it will be found when it is truly needed.

If your family has no idea where your living will is, the document is useless.  If it is never found, it is a legal document without any effect.  It will never serve any function.  The purpose of having a living will in the first place is to grant authority to your agent: Through that document your agent is given the legal authority to make essential healthcare decisions on your behalf.  But if your agent cannot find the document, he or she may never be able to make the decisions that you intend.

Where should you never store your living will?  Here are some places to avoid, the first being exactly where you are thinking of putting it:

Your safe deposit box.  Sorry, but think again!  If your agent does not have access to your bank safe deposit box, obviously he or she may never be able to get the living will in time so that it can be used.

Your home safe.  This is like placing your healthcare directives in the bank's vault.  If only you have the combination to the safe, then your agent will probably never find it.

Giving it to someone unknown to your agent.  This is another way to "lose" your directives -- giving the living will to someone other than your agent, without your agent's knowledge.  Again: If your agent has no idea where the living will is, then how can he or she get it?

Giving the original to someone at odds with your agent.  Some of you may have intra-family turmoil.  Obviously, never give your living will with someone who often fights with or is at odds with your designated agent.  Remember: The purpose of the living will is to ensure that your wishes are carried out.  PERIOD.  Your directives are not to be used in a way to be "fair" to another family member, or for any purpose other than ensuring that your wishes are followed.

Putting it where nobody would ever look.  This is a general category.  Never place your living will in a secret place, or in the middle of a "mess."  It should be kept in a place known to your agent, or otherwise where important papers are kept.

So many people go to the expense of preparing a living will, but give little thought as to where it should be kept.  Even more important, they place their living wills in entirely inappropriate places.  Make sure that your agent knows where you have stored your living will.

Disclaimer: The information in this article is not legal advice, and the use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on this article or any links from this article is expressly disclaimed. This article is not to be acted upon as if it were legal advice, and is subject to change without notice, or may include obsolete or dated information, or information not relevant to your jurisdiction. If you require legal services, you should consult with an attorney.

As a licensed attorney located in the Los Angeles San Gabriel Valley, Larry Stratton is in a position to coach and advise you, and to help you plan for your future. The Law Offices of Larry D. Stratton [] specializes in estate planning, business formation and appellate practice. Larry Stratton also blogs on estate and financial planning issues at Planner's Thoughts.
Larry Stratton is a graduate of Whittier College School of Law, which is a member school of the ABA and the AALS. He has represented numerous clients in the California Court of Appeal, and is admitted to practice in all California courts, the Ninth Circuit Court of Appeals, the U.S. Tax Court, and also the United States Supreme Court. From 1983 to 1984, he was a member of the Whittier Law Review. Larry Stratton is also a Registered Investment Advisor, and currently speaks on estate and financial planning topics in Southern California.
Article Source:

Article Source:

Saturday, December 26, 2015

Defining Legal Terms - By The People Fairfield CA

Rene goes over what types of questions they can help answer at By The People. A legal document preparation company.

See more at

Friday, December 25, 2015

Happy Holidays!

Wising You Peace and Joy this Holiday Season and throughout the Coming Year!

Wednesday, December 23, 2015

DIVORCE !!! Easier than you think? - By The People Fairfield CA

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. See more at

Tuesday, December 22, 2015

Estate Planning Eases Confusion, Financial Worries

What you need to know about estate planning, including why having a will and assigning a power of attorney is crucial.

Sunday, December 20, 2015

Don't Put Off Getting a Power of Attorney

Do you think you need a Power of Attorney? If you think so then don't put it off and take any chances in the future. You need the time now to think about whom you can truly trust and at this point in your life you may find it hard to eliminate some of your closest family members or dearest friends. Just consider this, you are now mentally stable and it should be more simple to make those decisions now, than it would be in the future when maybe you don't have all of your mental powers with you. Now is the time to safeguard your future financial affairs and secure your assets.

Most of us have the wrong impression of Power of Attorney, we think that only the elderly need one or people with large massive fortunes. Please don't be mislead, we all should consider a Power of Attorney. You will have a form of peace of mind knowing should something happen to you; you will be taken care of legally. You want someone you can trust to look out for your matters.

The vital importance of a Power of Attorney could best be demonstrated by the fact if you should happen to contact a disabling disease which could render you incapable of making your own decisions. Should you have to be hospitalized, you want someone to pay your mortgage and take care of your banking needs; you don't want to loose all that you have worked hard for. A Power of Attorney can protect you legally with the local laws.

The laws are very much in your favor should you ever become incapable of taking care of your affairs. With a Power of Attorney in force, the courts will then step in and use their discretion on who will be in charge of all your affairs. The judge may appoint someone you do not fully trust, so you want to have full control and that is why it is so important to have a Power of Attorney.

So as a good suggestion, the best time for a Power of Attorney is NOW! You want to be protected now, you don't want to wait until it is to late and you don't have the power to help yourself.
So having said that, for your sake, please consider looking into the Power of Attorney aspect for your life.

Check out more information on Power Of Attorney as well as look as some of the legal forms and contracts that you may be considering []
Article Source:

Article Source:

Saturday, December 19, 2015

The Tax Benefits of a Limited Liability Company

A limited liability company, or LLC, is one of the most popular business entities today but also one of the newest. An LLC is unique in that it's a pass-through entity. The IRS does not consider an LLC a legal separate entity in terms of taxation, so all business income, losses, and expenses are "passed through" to individual owners to report on their personal income tax returns.

By default, a single member (or single owner) LLC is taxed as a sole proprietorship. An LLC with more than one member is taxed as a partnership by default. There are many tax advantages (as well as drawbacks) to forming an LLC instead of a corporation.

Flexible Taxation

One of the biggest benefits to forming an LLC is you can choose how you are taxed. This is one of the lesser understood advantages of a limited liability company. When you file your taxes, you can choose to file as a "disregarded entity" and get the default tax treatment or you can choose corporate tax treatment. If you choose the corporation taxation structure, your business will be taxed at a much lower corporate rate on the first $75,000 in income. Keep in mind an LLC's tax rate is completely dependent on the owner's income. If you have higher income, you will likely pay lower tax rates by choosing corporate treatment.

Lease Assets

With a limited liability company, you can lease your personal assets to the company. This means you can run your LLC from your home office and have the LLC leasing the office from you. Doing so means you are creating a business expense that you may be able to write off while improving your personal financial situation. This is a tricky area, however, as the expenses must be legitimate business expenses and you will need a formal lease agreement in place.

No Double Taxation

Corporations are subject to something known as double taxation, which means a corporation first pays taxes at the corporate level then again on income from dividends that are distributed to owners. LLC owners are not subject to double taxation; business income is reported on your personal income tax return and taxed once.

Tax Disadvantages

While there are certainly tax benefits to an LLC, there are drawbacks as well. LLC owners are required to pay taxes on their distributive share of the company's profit, even if they do not receive the distribution because the money stays with the business. Corporate owners are not required to pay taxes on business profits unless the profits are distributed (usually as dividends).

Finally, as an LLC owner, you will also be required to pay self-employment taxes, even if you are a single member LLC. Corporate owners who work as employees of the company, meanwhile, only pay half of this tax amount on their salaries while the corporation pays the rest.

Every company has a unique tax situation that changes over time. You can learn more about limited liability companies and its benefits and downsides by visiting
Article Source:

Article Source:

Friday, December 18, 2015

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.
Article Source:

Article Source:

Tuesday, December 15, 2015

Monday, December 14, 2015

California Estate Planning Basics

California estate planning is essential for residents of the Golden State. Basic strategies should encompass executing a last will and testament; establishing a healthcare proxy; and designating power of attorney rights. Dependent on estate value, establishing a trust can further protect inheritance assets.

California estate planning strategies must comply with state and federal laws. California has some of the most complex probate laws in the country, so it is best to work with a qualified estate planner or probate attorney.

Probate is used within the US to settle estates that are not protected by a trust. The process varies depending on if decedents engaged in estate planning procedures prior to death. When individuals die without leaving a Will, the estate settlement process requires additional time and exposes the estate to a higher level of creditor claims or the potential for heirs to contest the Will.

The last will and testament provides directive as to how estate assets should be distributed. It is also used to appoint a personal representative charged with duties required to complete estate settlement process. Without these written directives, the estate must be settled according to California probate code.

The timeliness of estate settlement depends on various factors. One of the most prevalent is estate value. In the state of California, estates appraised with values of less than $100,000 are usually exempt from probate if a legal Will has been executed and filed through court.

The estate must undergo a 40-day waiting period to avoid probate. Afterward, the personal representative must present a legal affidavit to the court before distributing inheritance gifts to designated beneficiaries.

When decedents do not leave a Will the estate is required to undergo a probate proceeding to determine rightful heirs. This is particularly important to understand if California residents do not want to bequeath gifts to direct lineage relatives. In order to disinherit relatives the Will must include a disinheritance clause which states the reason why heirs are not entitled to estate assets.

The purpose of including the disinheritance statement is to minimize risks of heirs contesting the Will. It is not uncommon for disinherited relatives to claim the decedent was under the influence of another person or was of unsound mind.

Contesting a Will can freeze assets in probate for months on end. This act can force personal representatives to sell inheritance assets to cover legal expenses. Defense fees can easily bankrupt small estates and leave nothing for designated beneficiaries.

In addition to protecting assets, California estate planning is the most effective strategy for establishing healthcare proxies. This document allows individuals to document the type of medical treatment they do or do not want to have if they are incapable of making decisions due to illness or injury. Healthcare proxies include 'Do Not Resuscitate' (DNR) orders, as well as providing directives regarding life support and delivery of nutritional intravenous feedings.

Estate planning is also used to grant Power of Attorney rights. POA is an important decision that should not be taken lightly. The person granted with POA powers should be someone who can be trusted to make smart financial decisions, and make difficult decisions on your behalf if you become incapacitated.

Establishing California estate planning strategies is one of the best gifts to leave loved ones. Without written directives, decisions surrounding your estate will be left to the courts and chances are they won't be what you would have wanted. Additionally, putting affairs in order can reduce family discord and allow for efficient distribution of inheritance gifts.

Simon Volkov is a California probate liquidator and real estate investor who specializes in buying and selling probate properties. He shares insights about California estate planning and shares resources for learning how to avoid probate and protect inheritance assets at
Article Source:

Article Source:

Sunday, December 13, 2015

Situations Where Your Last Will May Be Considered Void

Drafting a last will and testament is something we only hope to do one time. Creating a document that specifies our wishes after our deaths can cause some anxiety in that we are reminded of our mortality, but more than that making changes to a will can cause headaches if not done correctly. You also risk voiding your will under certain circumstances. In order to keep your friends and loved ones from inheriting any headaches along with your estate, it is important to know exactly what events can void your will.

If your will is judged void after your death, it opens the door to any number of disputes between family and friends as they argue over dispersing your assets. Charities you wished to benefit from your generosity may not receive the funds you set aside for them, and even your burial plans may be altered. It is important, therefore, to make sure you following everything to the letter. Here are a few situations that could lead to voiding your will.

1) You make unauthorized changes. When you complete a will, it is typically signed and witnessed, and notarized. If you make written additions or deletions anytime after that period, somebody could contest the validity of the will and cause problems. If you want to make corrections after the legalities are complete, you can either destroy the current will and start over, or draft a codicil to accompany the will you current have.

2) You were not of sound mind when you wrote the will. Some people may be pressured or heavily encouraged to draft a document in order to bring peace of mind for your family. However, a will written under duress or other influence could be proven invalid if somebody believes you were not of sound mind at the time. You want to make it perfectly clear that your wishes are your own, and that you have not been forced to write anything you didn't want to write.

3) Changes in marital status. Depending on the laws in your state, a will drafted before a legal marriage or divorce could allow a party to contest your will if you do not have it changed. If you have a will ready and decide to marry or remarry, speak with your attorney about what needs to be done to ensure your wishes are kept intact.

Take care to know what factors could render your last will and testament void.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.
Article Source:

Article Source:

Saturday, December 12, 2015

Living Wills Review: Five Reasons Why You Must Have A Living Will

Living wills and advance directives have lately become the hot topic of discussion with the case of the brain-dead pregnant women in Texas going to the courts to decide. While her individual rights versus Texas state law makes for a heated debate, the real question for most Americans and Canadians should be 'What happens if you don't have a living will and the unthinkable happens?'

Every year, thousands of people have an unfortunate accident that leaves them in an incapacitated state. This is where a living will comes into play. A living will, which can also be known as an advance health care directive or advance directive, is a set of instructions given by you, allowing for what types of medical intervention and treatment you would like to receive, if you are in a state of mind where you cannot make decisions for yourself. If you don't have a living will, you leave these decisions to someone else. So, there by itself, is the number one reason for having a living will. Now let's break down the other 4 major reasons why you should have a living will:

2. Avoid Family Fighting. Imagine what not having a living will could do to your family. If you haven't made the medical decisions that are usually addressed in a living will, depending on your state or province, often times it is left up to your family to make these pain staking decisions for you. Imagine your spouse having to decide whether or not to keep you on life support. Now imagine your mother, or brother, disagreeing with their decision. The emotional toll this can take on a family could be devastating. The case of Terri Schvaio often comes to mind. Back in 1990 she collapsed and fell into a coma for more than two months, and then was declared to be in a vegetative state. Years later, her husband made the decision, against her parents' wishes, to have her removed from a feeding tube. The argument went on for seven years. You can imagine the emotional toll your family would suffer in a similar situation.

3. The Medical Costs. In some cases when a person is incapacitated, the prolonged period of keeping a patient alive can outlast the medical insurance, leaving the extra costs to be paid by the patient's estate. Many times, when the decision is made by the spouse, or other family member, to artificially extend one's life, the medical costs involved can cause an extreme financial burden. It is not unheard of for families to end up losing everything because of this. If you were incapacitated, could you imagine your family losing their home, or possibly facing medical bankruptcy?

4. The Legal Costs. All it takes is for two family members to disagree and here comes the lawyers. This happens in many cases, like Terri Schvaio's, where lawyers for the disagreeing parties spend weeks, months, and even years, arguing for their side, all the while the costs are adding up. And eventually someone will have to pay those bills. Imagine the life insurance you left to protect your family, ending up in the hands of attorneys, all because no one knew what your wishes were. These situations happen all too often. You having a living will can avoid a catastrophe like this.

5. Peace of Mind. Simply put, when you have a living will, you are more likely to have the peace of mind of knowing that your wishes will be known, and that family members won't have to fret over whether or not they made the right decision. It is perhaps one of the most responsible, unselfish acts you can take by keeping the heart wrenching decisions out of the hands of your loved ones. If the unthinkable were to happen to you, there would be no reason to compound your family's suffering.

Now that you have the five major reasons to get your living will, you have to decide what to include in it. There are many points to consider, like if you should appoint a medical power of attorney (POA), where you would designate someone you trust to make decisions that may not have been covered in your living will, or adding a 'do not resuscitate' directive. These are some of the many items you will want to discuss with your family. Also consult your attorney for advice on your state's laws when drafting a living will.

I heard it said that having a will is like writing a final love letter to your loved ones to assure they get everything you want them to have. When you think of it in these terms, a living will would be an extension of that love letter, preventing unnecessary pain and hardships for your family, just in case you were to experience an incapacitated state for any length of time.

Gerard Cassagnol is a professional writer and has written several articles on legal issues of the day. He is an advocate for affordable legal representation and coverage in the USA and Canada. He has had a legal plan membership for over 15 years, and is now a marketer of legal plans and identity theft plans for individuals, families, and small businesses.
For more information about Individual and Family Legal Protection, please go to FREE Insider Report on Legal Protection
Article Source:

Article Source:

Friday, December 11, 2015

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 does 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.

For more information on how you can best prepare for the last stages of life with an advanced directives, then head over to now!
Article Source:

Article Source:

Thursday, December 10, 2015

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

Wednesday, December 9, 2015

Durable Powers of Attorney in Wills and Estate Planning

Planning how your estate shall be divided, distributed and disposed of doesn't only mean creating a last will and testament or putting up a trust for someone. Estate planning also means preparing for the unexpected, such as falling ill to an incurable disease or becoming incapacitated later in life. In this regard, you'll need the help of someone you completely trust to put your affairs in order even when you're no longer able to make those important decisions or even communicate your wishes. Drafting durable powers of attorney gives this person you appointed the legal means to sign documents, make decisions, and represent you in court.

The Medical Power of Attorney and The Living Will

Actually, the functions of a medical power of attorney play in tandem to the directives of a living will. They're both health care directives, but the durable power of attorney for health care focuses solely on assigning someone the legal duty to make decisions related to your illness or health condition. It needs a living will, which contains your instructions and wishes, including end-of-life decisions. Once you've lost the capacity to think or act on your own, such as when you've fallen into a coma, this durable power of attorney takes effect and hands over the responsibility for your personal health and well-being to your agent or attorney-in-fact.

You'll have tighter control over managing your living will, estate planning, and health care directives when you specify that these shall only take effect after a physician has confirmed that you lacked the mental and physical capacity. In this case, you have a springing durable power attorney in hand. The term capacity here legally pertains to a person's lack of understanding of the nature of his medical condition, the health care options open to him, and the possible consequences from making these choices. In addition, that person also loses the ability to speak out or make hand gestures to relay his personal preferences for medical care. This is where a health care declaration becomes an invaluable document in your estate planning.

The Financial Power of Attorney

Through a durable financial power attorney, you give another person - someone you fully trust to act in your best interests - the legal authority to act on your behalf. However, this power attorney for finances doesn't hand over absolute authority to your proxy. You may limit or extend your agent's legal access to your financial accounts. Generally, your financial surrogate can file and pay your taxes, manage your business, handle financial transactions in your name, access your bank accounts, claim an inheritance, collect Social Security and other benefits, and make use of your assets and properties to pay off debts and provide for your family's daily expenses.

These two powers of attorney must be specified as durable when filed. Otherwise, they won't take effect once you were found lacking capacity to think and act for your well-being. A divorce ends both documents when the agent is also the spouse. The court may revoke an agent's authority under a power of attorney for health care when it finds that the agent has acted improperly. A second person named in the document takes over as an alternate agent.

Toby King is a legal consultant and associate, working for a prestigious law firm in Sydney. He provides expert advice on family law, de facto relationships, and financial agreements. Find out more info on wills estate planning at ClinchLongLetherbarrow online.
Article Source:

Article Source:

Monday, December 7, 2015

What Is Probate Law and How Does It Affect You Today?

Have you made your will official yet? It is not pleasant to talk about, but death will inevitably take us all at some point in our lives. Having an officially recognized will ensures that your estate goes to the people that you want it to when you pass away. The simplest definition of probate is 'the official proving of a will'. The laws of probate can be overwhelming at times, especially when emotions are still raw. It does serve its purpose however as not having a will (in-estate) makes the procedures a lot trickier and the results which can take months may not be what stakeholders deem right.

When a will is filed with the courts, the process for probate varies from country to country, even city to city. However the basic process is someone close to the deceased approaches the courts to act as 'executor', once the executor is established the process starts by collecting all assets and getting a value for the total. Once debts have been paid, the remaining assets can be distributed as per the will before the probate process is formally closed.

The Executioner

The executioner is usually the closest person to the deceased (wife, daughter, father etc.) or a close friend.

Probate affects you today in two ways. As someone who files a will and as a person nominated to be the executioner of a will.

Writing Your Will

Writing a will may seem like a death wish, it is something no one wants to ever think about however there is an incentive. You likely have worked hard for what you have acquired in life and would like your estate to be distributed as you see fit according to your values and wishes. It is also to protect your family, pre nuptial agreements may appear to only be agreed to when a high profile celebrity gets married, or someone wealthy but they are doing it for the same reasons as a will. The subject of money makes people act in irrational ways to protect themselves. Family members may lay claim that they should get everything, while others believe it should be theirs. It is not a nice situation for all involved. By writing your will now, you ensure that these disagreements can be solved by simply reading your official legal will.

As The Executioner

As the writer of the will, you will normally want to tell the person who you are leaving in charge of your estate should tragedy strike. It isn't the easiest conversation to begin, but knowing you have someone you trust can put your mind at ease. When someone brings up the subject with you, there is no set way to react. Simply listening to their requests is best, do not try and influence them either way. If you are unsure of anything though, do ask. Documenting everything possible is the safest option as emotions may get in the way of what was truly requested. In a perfect world there will be many, many years to you put everything in place exactly the way you wish. Make it a common practice to revisit the will every couple of years, to verify that it fits how you feel at that time.

Probate is something most people will deal with from both sides as the executioner and the writer of the will in their lifetime. Having a will ready so that the probate law process can be handled appropriately by all parties is law that should be taken seriously.
"We make people feel welcome"

Article Source:

Article Source:

Sunday, December 6, 2015

10 Years: By the People Helps with Basic, Complex Legal Issues

By December 28, 2014

by the people
Tammy and Rene Bojorquez have owned "By The People" for ten years. (Aaron Rosenblatt/Daily Republic)

FAIRFIELD — For the past 10 years, By the People has been helping customers navigate the paperwork of uncontested legal matters.

Tammy and Rene Bojorquez, owners of By the People, began their company as a franchise of We the People.

“It was five years ago the company broke up and we went with our name because it was similar to what we had before,” Tammy Bojorquez said.

She describes the work they do as being similar to a paralegal’s job.

“We are a self-help service for a lot less than a lawyer would charge,” she said. “We can help you fill out the paperwork, and file with the courts.”

The company works with people on issues such as uncontested divorce or separation. For couples who can resolve their own asset and debt division or child issues, the company can prepare all of the necessary documents to get the divorce. They also do all of the filing and procedural work throughout the process.

“If a couple agrees on the division of property and assets, they may not even have to go to court,” Bojorquez said.

Other examples of the work they do is creating an incorporated company. They can create a company’s articles of incorporation and submit them to the Secretary of State. They can also help set up bylaws, minutes, seals and shares.

By the People can help with creating a living trust, which includes articles of trust, wills, financial powers of attorney, California advanced health care directives and health care privacy releases.

“We did a family trust for my father and it was expensive and very hard to understand,” Terry Thompson, a client of By the People, said. “When my husband died, I had By the People do a new living trust for me. It was easier to read and they were great.”

Thompson, 80, of Suisun City, said she was so pleased with their work and her treatment that she considers Rene and Tammy friends and likes to stop in when she is in town.

By the People also helps prepare paperwork for probate.

“We can help 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,” Bojorquez said.

She and her husband are so involved in serving others that the time has flown by.

“I just can’t believe we have been doing this for 10 years,” Bojorquez said. “It seems like just yesterday we started.”

Article Source: Daily Republic 

Saturday, December 5, 2015

Why Making a Will Is An Important Task for Your Family And You

All our lives we work hard to ensure that our family never has to face a difficult time ever but we promptly forget all about them at the end. We are talking about preparing wills or last testaments that people almost always don't prepare or unnecessarily delay due to a psychological block. The psychological block is our inherent fear of death which is aggravated during the making of a will. The preparation of a will is almost an indication of our own mortality and that is something none of us want to accept.

But whether we accept it or not, our mortality is the only truth and we must keep the responsibility of taking care of our family with us. A will could save our family from a host of troubles out of which some could be huge hassles that will need a lot of time and resources to solve. Say for example, the most common form of trouble that comes from the non preparation of a will is property disputes. Normal property disputes could siphon off huge amounts of time and resources. Plus there is no guarantee that the problem will be solved within a stipulated time. Property disputes are known to stretch for years and some even extend till the death of the supposed beneficiary. This means there are chances that your family might never get to enjoy the property that rightfully belongs to them.

Does that statement depress you? But that's simply the beginning as there will be more and more problems associated with non-existence of a will.

The next problem that could occur is the proper division of the property and in case of common ownership of a property- the lack of a trust fund. These are legal wrangles that could again put pressure on your family or dear one's resources.

Making a will is the best form of property management as the methods of division are expressly mentioned in the will. Without the existence of a will there are chances that the beneficiaries or dependents will have a tough fight in their hands to ensure their right on the property. Then there are properties which have common ownership and for those you need to create a trust fund. But that's again not possible without the presence of a will or testament.

Make a will immediately as this will not only guarantee the peace and security of your loved ones but also give you the strength to accept your own impending mortality.

Making a last will or testament is no easy task but Willjini can help you in doing so. How to make a will.
Article Source:

Article Source:

Friday, December 4, 2015

Advance Directives: A Need for All Ages

Emergencies or a health care crisis can happen at any time, and the time to think about how you would want your medical care is now.

Tuesday, December 1, 2015

Naming Of Guardianship In Wills

When there are minor children, a Will should always be used to name a guardian(s) of their persons and property. This guardian is who will be taking care of them in your absence and will also have control over their finances, both from you and for their well being. This guardian that you appoint, needless to say, is someone that you must be able to trust completely with your children and someone who will make sure that they are cared for in the way that you have planned. This person "can" of course be someone other than your X.

Alternate guardians should also be named in the even that the original guardian is for whatever reason unable to assume responsibility. Naming of guardians and alternates should not be done any other way but in a Will. This will relieve any hint of confusion after you are not able to take care of your kids yourself. Of course, if there is a surviving parent that person will be automatically named guardian if living in the same household; but, if your will specifies a different person to control the money, then this can fit your goals quite nicely.

This situation can and often gets tricky in divorce cases. Since you are divorced, the parent with legal custody of the child(ren) should designate a guardian. If you are the legal guardian, then you have the authority to designate who will care for your children after you die. Understand, however, that if somebody besides the other biological parent is named, this decision might not be binding.

When a custodial parent dies, the non-custodial parent always has priority in seeking guardianship and custody, unless that person is deemed unfit to perform the duties necessary or is unsafe to leave with children. If you are set against your "X" getting custody of your children if you were to die, you need to make sure that you or your appointed guardian will be able to prove that your "X" is unfit or unable to perform the job.

However, be aware that the court will probably have to approve who you have proposed to be the legal guardian eventually even if named in your Will. The purpose of your Will in this regard, though, is to guide the court in its judgment. It will also help avoid family arguments over who is better qualified to raise your children and will give the person you choose the authority over all others.

Dennis Gac is widely known as "The World's premier fathers rights Consultant!" But why would you care? Well, I'll tell you if you rush over to his site... I think you'll come to your own conclusion that he "IS" the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at
Article Source:

Article Source: