What is Community Property in California?

California is a ‘community propertyDivorce state.  This means that assets as well as income that is earned or acquired during the marriage are shared equally. Community property  includes real estate, retirement funds, investments and other assets as well as debts.

Community property is determined from the date of marriage to the date of separation.  Be advised, that in California, the ‘separation date’ does not need to be a ‘legal separation’.  The date of separation may be the ‘move out’ date or simply the date when either party believes that the marriage is over.

In essence, assets and debt that are acquired before the marriage or after the date of separation are generally considered ‘separate property‘.  Problems can occur when:

  1. One party receives an inheritance or gift, both of which can remain as separate property, but the party chooses to place the gift in a joint account
  2. One party has an asset such as a house or condo which was purchased before the marriage but the party decides to add the spouse on title
  3. The other party contributes to the ‘separate property’ by paying for expenses or by performing work such as upgrades.  This may cause a percentage change in ownership.

As you can see, the concept of ‘community property‘ can be complicated.  Most problems that occur can be avoided by getting sound legal advice and thereby understanding the legal ramifications of possible actions.

Legal Action Workshop  the Law Firm that offers Low Flat Fees, has more than 35 years’ experience in Divorce when community property is involved.  Make the time to consult with one of our highly experienced Divorce Lawyers so you are assured that you are handling your community and/or separate property appropriately.  We can be reached @ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .

 

 


Posted in California Divorce, Community Property, Division of Property, Divorce, Divorce after a Long Marriage, Divorce and Family Law, Divorce Attorney, Divorce Attorney Fees, Divorce for Men, Divorce Process, Divorce with Property, Easy Divorce, Finalizing a Divorce, Flat Fee Divorce, Flat Fee Los Angeles Divorce Attorneys, How to Divorce, Los Angeles Divorce Attorney, Los Angeles Divorce Lawyer, The Initial Filing for Divorce is only the First Step, There is More to a Los Angeles Divorce than just Filing | Tagged , , , , , , , , , | Leave a comment

Los Angeles Child Custody Disputes

Child Custody disputes are the most egregious kinds of disputes.  This may be an issue in a Divorce or a Paternity Action (when parents are not married).

Parents tend to be very emotional about their children and very attached to their point of view.  One parent may feel strongly that the other parent should not have custody and/or visitation for a variety of reasons.  The reasons have to be substantiated in court and therefore may require many court appearances, psychological evaluations of children as well as lawyer representation for the children.  As a result, custody disputes can be:

  1. very time-consuming
  2. very costly
  3. very stressful

Both parents may pay the costs of the evaluation and the Attorney representation for the children depending on the order of the court.  The fees may also be waived or deferred by the court.  Nevertheless, if paid, these fees can be substantial.  Always remember that the courts look to find the best solution for the children.  Once the evidence is presented, the judge will make a decision.

The percentage of time spent with the child is a factor in the Child Support calculation, and so is affected by the custody/visitation decision.  The order will remain in effect until a change in circumstance prompts one or both parents to make a change to the order.

Legal Action Workshop offers LOW FLAT FEES for Child Custody and Family Law matters.  Our experienced Family Law Lawyers help clients throughout Los Angeles County and surrounding cities.  If you have questions regarding Child Custody call us @ 1-800-HELP-444 (1-800-435-7444) or visit our website for more information, www.LegalActionWorkshopLAW.com .

 

 

 


Posted in Child Custody, Child Custody & Visitation, Child Custody in California, Child Support, Child Support in California, Child Visitation and Support, Custody, Father's Rights, How to Get Child Custody | Tagged , , , , , | Leave a comment

If You Need an Advance in a Probate

There are times when heirs or beneficiaries need money right away.  If money is needed while the estate of a family member or loved one is in the process of a Probate and has not been finalized, there is a solution.

There are finance companies that will advance money to heirs or beneficiaries based on the value of the upcoming inheritance.  Be advised, however, that these finance companies charge a very high fee.

Usually the Probate Attorney will verify that the heir or beneficiary will receive a precise amount of money.  The Attorney will then have the person contact a finance company that would agree to the loan or be contacted by a company chosen by the client.

Once the client gets the needed money, the finance company files an assignment of interest with the court protecting their repayment of the loan.  When the estate closes, the finance company gets paid from the heir or beneficiary’s share of the estate.

If you have questions about a California Probate call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444)!  Our experienced Los Angeles Probate Lawyers can answer your questions and help with providing needed cash while the Probate is in progress.  You can also visit our website, www.LegalActionWorkshopLAW.com  for more information.

 

 


Posted in Estate Planning, Probate, Probate Advance, What is a Probate? | Tagged , , , , | Leave a comment

How to Sell a House in Probate

In California, there are 2 ways to sell a house in Probate:

  1. IAEA: This sale would be subject to the laws of the Independent Administration of Estate Act and as such would not require court confirmation nor would it allow for overbids.  The advantages of this type of sale is that real estate can be sold quickly and it is sold to the individual who wishes to purchase it. The Lawyer will determine if this is a viable option.
  2. Court Confirmation Hearing:  In this type of sale, the real estate must sell for at least 90% of the appraised value.  In addition, the sale is subject to the overbid process.  This can be very lucrative, as in today’s real estate environment many sales result in overbids.  It should be noted that overbids can be substantial.  Again, the Lawyer would determine if this is your best option.

Once the property is sold, the proceeds go into the estate and are distributed when the estate closes.

If a relative or close friend passed away and owned real estate in California, but did not have a Trust (also called a Living Trust), then the property may need to go through Probate.  A consultation with one of our Probate Attorneys will help to determine your options.  Heirs or beneficiaries can choose to keep the property or sell it.

Legal Action Workshop has had more than 35 years’ experience in Probate and can advise you and finalize your Probate in both Los Angeles, Ventura & Orange Counties. To schedule an appointment for a FREE consultation call us at  1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com .


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How to Find the Best Probate Lawyer in Los Angeles County

It is very important to choose carefully when you are looking for a Probate Lawyer.   The reason for this is that the relationship that you have with the Attorney will extend over many months and possibly years depending on the circumstances that arise.  Further, if you hire one Attorney and then decide to change midstream, you may have difficulty finding another Lawyer that will take the case.

Here are 3 factors to consider when looking for the best Probate Lawyer for your particular case:

  1. Experience: Make sure that the Lawyer has many years’ experience in Probate matters and routinely completes several each year.  Also, determine the kind of Probate that the Lawyer handles.  There are Probates in which all the heirs are in agreement and others when they are not.
  2. Accessibility:  Make sure that the Attorney is easy to reach by phone or email and is handling all aspects of the Probate, and not simply giving it to subordinates.
  3. Attentiveness:  Make sure that you feel comfortable speaking with the Attorney and have an easy rapport.  The Attorney should be attentive to your needs and goals.

In short, your best Probate Lawyer is one who is experienced, accessible and attentive.  Legal Action Workshop has been practicing Probate Law for over 35 years and typically handles from 8 to 15+ cases per year. If a family member or friend has recently passed away in Los Angeles County, feel free to call us with your questions.  We can be reached at 818-246-0073.  You may also visit our website for more information @ www.LegalActionWorkshopLAW.com .

 


Posted in Estate Planning, Estate Planning Attorneys, Probate, The Best Probate Attorney, The Best Probate Lawyer, What is a Probate? | Tagged , , , , , | Leave a comment