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October 2014 Archives

The beginning of the legal guardian process in California

Those who wish to become the guardian of a child in California must go through a process that includes many steps. When ready to apply for guardianship, one must read the Guardianship Pamphlet and fill out a number of forms first. These forms might include the Petition for Appointment of Guardian of the Person, Letters of Guardianship, Notice of Hearing Guardianship or Conservatorship and local forms. These forms should be filed in the county the child lives, but one has to file the forms in the county a custody order exists if there is already a custody order.

Probate in California

In California, some estates are probated when a person dies and leaves behind property and assets. When there is a will, a probate case can be opened to obtain a court's determination of the validity of a will, which is normally automatic in most cases.

Planning an after-death digital presence

When planning for the handling of their estate, many people do not consider their social media and other accounts. This means that after they leave this world, their digital accounts might remain active. One example of this was Joan Rivers Facebook. A first-person post endorsing the new iPhone 6 showed up on her page several weeks after her death. Taking steps to plan a digital estate might help avoid such issues for others.

Powers of attorney described

California residents who may be trying to figure out how they can find help managing their assets might consider the value of a power of attorney. From helping to pay bills and signing documents to handling larger financial affairs, appointing someone as an attorney-in-fact under a power of attorney can be of great assistance. A power of attorney is a legal document in which an individual designates another individual to represent him or her as the attorney-in-fact or agent. The individual executing or signing the document is the principal.

Choosing a will or a trust in estate planning

California residents might be interested in a recent article about whether a will or a revocable trust is the better choice in estate planning. The article says that before deciding what process to use, an individual should consider the people and entities that will receive those assets.

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