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Preparing legal papers

Well, paralegals are mostly renowned for preparing legal documents. Probate legal assistants are no exception to that. After gathering all the necessary details, the probate paralegals draft and prepare wills, guardianship, pleadings, petitions, and other required legal paperwork. Alongside, relying on the needs, he can also arrange financial reports, estate, and income tax returns.

Document filing

Another considerable duty that the probate paralegal performs is filing the very document he prepares. Prompt service is what makes them super reliable. After arranging all the papers, they file them efficiently in the courts and other sources within a shorter period. So, you can see, if there is no complicacy, you can handle the case conveniently with the judicial support of a paralegal.

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May 24, 2021May 24, 2023Angela JonesUncategorizedLeave a comment

Keeps track of deadlines

Regardless of to mention, maintaining track of the dealings and deadlines is extremely crucial for a probate paralegal. If any date is missed, the consequences can be tough to deal with. So, they keep a record of the dates and deadlines. They also note down the dates for court hearings, appointments, and meetings.

Asset assessment

The paralegals who are appointed to evaluating the estate prior to arranging its probate papers are likely to collect information about the assets. The information includes the client’s savings account details, investment regarding the estate, etc. Upon the completion of the estate evaluation, the probate paralegals draft the documents related to conservatorships and guardianships.

In the concluding note, it is important to state that unless you associate with a trustworthy and well-qualified probate paralegal, you might not receive the fruitful amenities that you look for. Thus, be wise enough while making a decision.

How does eviction work

Most of you are well aware of the term \’eviction\’. It is actually a quite lengthy procedure that helps in getting rid of the tenants legally. Before you file an eviction, you need to be acquainted with the steps that are involved with it. It, in turn, will make it easier for you to handle the case. Through this write-up, we will be giving you a step-by-step guide to filing probate. So, make sure to read it till the end.

Step-1: Serving an eviction notice

The first and foremost thing that your legal advisor will ask you to do is serving an eviction or quit notice to your occupants. It delivers a formal warning to your tenants that they need to vacant the rental property shortly. These days, the legal experts choose to serve the notice through certified mail. It, consequently, keeps the track of the date when the quit notice is served.

Step-2:Court filing

From the day the notice is served, the occupants get a specific time span to abide by the lease or leave the property. However, if the occupant disagrees to do so, you can file an eviction form in the court. This is when you need to file a forcible detainer form. To file such documents, you require the documents including summons and eviction complaint.

Step-3: Reviewing your documents

In this step, the person in charge acts in reviewing the papers followed by issuing a ruling. To ensure smooth execution of this particular step, make sure that you have the evidence of all the payments, signed lease, and relevant record of communication between you and your occupants.

Step-4: The final verdict

Assessing the entire case and the filed documents, the court clerk presents his judgment regarding the eviction of your tenants. If the tenant still refuses to vacate the property willingly, the court might acquire the aid of the local law enforcement to take out the tenant.

When do you need an eviction?

Often a situation arises when an occupant is violating the rules of the agreement, delaying in making the payments voluntarily, damaging property intentionally. In such circumstances, you have full right to evict them out. Well, you can file an eviction on your own by availing of the legal support of the paralegal experts.

Hopefully, the write-up has made you conscious about the filing of an eviction and the way it works.

April 24, 2021March 24, 2023Angela JonesUncategorizedLeave a comment

All about Estate Planning in Rocklin

Before we discuss estate planning laws, you must know what an estate is. An estate is an individual’s personal possessions, real estate, or other holdings. When someone passes away, his or her estate is divided as per the wishes of the deceased or if there is no will, the decision is left up to probate court. In any case, it is better to plan your estate while you are young so that it can be managed according to your wishes. We have highlighted here everything that covers the estate planning procedures in Rocklin.

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LIVING TRUST & WILL

Durable Power of Attorney Laws

This legal process charted by California’s estate planning law determines the decision-making power of another person about a specific person’s finances and healthcare.

Living Trust

It is especially important to know that a Will alone, does not avoid the probate process. Establishing a probate-avoidance living trust and funding the trust is a sure way to avoid the lengthy and expensive probate process. If you own real property it is almost a must that you establish a Living Trust.

Wills Laws

For writing a will in Rocklin, basic legal requirements like a person’s minimum age, number of witnesses, and other related requirements are needed.

Living Wills Laws

This estate planning law demands the legal requirements for the creation of a living will, the validity of such a will in another state, and other essential factors.

Euthanasia Laws

California’s Natural Death Law restricts the practice of euthanasia or mercy killing. However, it allows the withholding of food and medical care for terminal patients if that is what they desire.

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March 17, 2021May 24, 2023Angela JonesUncategorizedLeave a comment

Moving ahead with Estate planning

If you are a resident of Rocklin, you must have several basic estate planning documents in place, a living trust, a will, a durable power of attorney for finances, and a healthcare directive. Eminent LDAs can help you with the major part of estate planning and arrangement of all the required documents. Rocklin being a part of a prosperous state like California has sky-high real estate value. So, it is especially a good idea to plan your estate to avoid probate after death.

Why should you make a California will?

A last will and testament will help to protect your family and property. A competent LDA can make one for you but here are a few reasons for keeping a will ready. A will can be used to:

Leave your property to people or organizations.
Name a trusted person to manage property allotted to minor children.
Name a personal guardian to look after your minor children.
Name an executor, the person entrusted with carrying out the terms of your will.

What are the requirements for signing a will?

To finalize your will in Rocklin, you must:

Sign your will in front of two witnesses.
Have the witness sign your will at the same time as an acknowledgment of your signature on the will. Neither witness should be a beneficiary of the will.

So, for a trouble-free and smooth estate plan to include a smooth distribution of your assets to your selected beneficiaries, a reliable paralegal can guide you through the process. Proper estate planning can facilitate your property and estate allotment as you wish.

Four things you should know about paralegal services in Sacramento

California is one of the prominent states for paralegals, offers dependable paralegal assistance. The rise of the need for Paralegal Sacramento service has made things easier for the residents of California, in comparison to hiring an expensive lawyer, which is not always the best possible solution. Legal Document Assistants or LDAs offering Paralegal Services are registered based on their competence and qualifications. To preserve your time, money, and energy, paralegal assistance is a convenient door for you to open.

Yet, if you are still hesitant about taking the help of LDAs or paralegals, here are four things to enhance your knowledge about the paralegal services industry and establish your faith in utilizing an LDA, as well.

Legitimacy

A paralegal in Sacramento is not authorized to offer you his or her service and charge a fee. Paralegals, who are not registered LDAs, are authorized to work solely for an attorney and under the supervision of an attorney. A paralegal cannot represent you in court or give you legal advice. You just have to ensure that the paralegals you hire are also registered Legal Document Assistants, LDAs.

Expertise of LDAs

An LDA is not exactly a paralegal. LDAs cannot represent you in court or give you legal advice. However, they have been registered with the county, based on their qualifications and education, and have also filed a bond. Registered LDAs are required to have graduated from an American Bar Association-approved, legal studies program. LDAs are authorized to charge the public a fee, to prepare their legal documents. A registered LDA from an accomplished Paralegal Sacramento service can prepare court documents for your divorce, custody, eviction, living trust, and most other legal matters.

Pocket-friendly prices

Legal cases that rely mostly on the accuracy of court forms prepared, efficient LDAs working under reputed Paralegal Services can assist. LDAs under such an accomplished paralegal firm is likely to charge reasonable fees. As opposed to the expenses invested on pricy lawyers, LDAs can deliver you a pocket-friendly service. Available online as well, skilled LDAs can serve you promptly, while being responsive to your questions and concerns about the legal process. You will receive reliable service at a much lower cost.

Service requirements

Paralegals cannot charge you for their services. Unlike LDAs, paralegals are usually answerable to an attorney. Since they serve under an attorney, the attorney sets their monetary rates. Then with proper coordination and assessment of your case, a regulated California paralegal can initiate the required steps for your case handling.

Reliable paralegal assistance, from an LDA, can save you time and money while providing you substantial service. You may think that you can do the filing yourself but easier said than done. There may be loopholes or errors and once again, your time and energy will be put at stake. So instead of relying on your own self, a local representative, or a high-priced lawyer, reliance on a sincere and specialized paralegal, who is also a registered LDA, will turn out to be much more effective. LDAs listed for the Paralegal Sacramento service can fulfill all your legal document needs.

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February 23, 2021March 24, 2023Angela JonesUncategorizedLeave a comment

California Probate Costs and Fees

When it comes to a vitally important issue such as Probate Services, the California code sets the maximum fees charges. This is applicable for the amount charged for the probate by an attorney, Probate Paralegals, or personal representatives like executors and administrators. For more complex cases, the court may order higher fees than what’s standard. The usual fee break-up is determined as per the value of the estate.

For the least complicated probate proceeding, the largest filing fees are incurred at the starting and the end of the legal session. From 2018 onwards, the fee charged by Probate Services for filing a probate petition was set at $435. This fee had to be provided for filing the petition for the final distribution of the estate assets. The decision to accept compensations becomes tricky if there are many beneficiaries.

PROBATE

Understanding the charge of the probate estate and the fees

Before going into the details of the probate fees, it is essential to figure out what is the worth of the probate estate. In general, you can get an idea of the estate value by performing an inventory of the estate assets. Usually, the probate estate includes assets such as real property, bank, or brokerage accounts that failed to be transferred into a trust or death beneficiary proceeds lacking a designated beneficiary.

The total cost of probate requires the costs of filing and administering probates to be considered. Costs of a California probate include items like filing fees, copies, publication fees, bonds, death certificates, death of the decedent, and probate referee fees.

Heirs who are expecting an uncontested probate case should consider hiring a Probate Paralegal, that is a Registered Legal Document Assistant, LDA. When hiring an LDA, there is a low flat fee for full probate services. Probate fees range from $1,500 to $3,000, in most cases. This is a small fraction of the cost; you would pay an attorney. Many clients hire an LDA initially to file the probate case, to cut costs. If the case is uncontested the LDA can prepare, file, and serve the probate, from start to finish. If the case becomes contested, you will need to hire an attorney, at that point.

Typically, attorney fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and one and a half percent of the next $15,000,000. For an estate larger than $25,000,000, the court will order a fee amount that supersedes the stated estate value.

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Probate Paralegals often charge between $600 to $1,000 for a final probate accounting. If an accounting of the estate has been executed, the total value of the estate for the fees of the probate attorney will depend on the inventory, including all profits on sales. In case of losses on a sale, it will be overlooked. You can easily understand that important debts will not be included in setting the fees for an attorney or paralegal. You can comprehend this better with an example. Say, a house has a fair market value of $1,000,000 and a mortgage of $800,000. In such a case, the asset value will be considered as $1,000,000 for calculating the fees of the executor and attorney.

Purpose of estate planning

To save your family excess stress and worry along with a crunch on finances, a little estate planning during life along with the use of a revocable living trust can prove to be beneficial.

To give an overview, it can be held into account that the total cost of a California Probate depends on the size of the estate, types of assets, and complexity of the administration. If you seek help from a knowledgeable LDA, for Probate Services in California, you will be charged an affordable flat fee without any extra costs.

Comprehensive Tour of Eviction Process in California

For successful eviction of a tenant in the state of California, the landlord-tenant law requires a termination of the tenancy, by the landlord. Landlords must have a clear understanding of the California eviction laws, prior to serving an Eviction Notice. Landlords must know the formal legal eviction steps to prevent costly mistakes, that cause unnecessary delays.

EVICITION

Serving Eviction Notices with a Legal Cause

There may be certain reasons you wish to evict a tenant. It may be that they have committed an illegal act, violated the lease agreements, or failed to make timely rental payments. No matter what the reason may be, the first step of eviction includes serving an eviction notice that states the reason for the terminating the tenancy.

The following 3 eviction notices are applicable for California

15 Day Notice To Pay Rent or Quit (COVID TPA)

If your tenant did not pay the rent on time, you can serve this notice. This notice leaves the tenant with three options. Either mail the landlord a signed Tenant Protection Act form, claiming financial hardship and pay 25% of the total rent due from Sept 2020 – June 2021, by June 30, 2021. Pay 25% of the total amount due within 15 business days or pack their bags and move out of the property.

3 Day Notice to Perform a Covenant or Quit

This notice is for lease violations. Perhaps, your tenant has kept a pet despite the strict “no pet” policy or altered the unit even when it is prohibited. For these instances, the 3 Day Notice to Perform a Covenant or Quit, will require them to fix the lease violations within 3 business days.

3 Day Notice to Quit

Landlords can serve this notice in particular situations that warrant this notice, including renting out your place without your permission, creating havoc within your premises, indulging illegal activities or causing property damage.

Unlike the previous notices mentioned, this does not entertain any scope on the part of the tenant to fix the violation. He has to move out within that time or else has to bear consequences.

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February 5, 2021May 24, 2023Angela JonesUncategorizedLeave a comment

Serving Eviction Notices without a Legal Cause

The rules for ending a lease or rental agreement depends on whether the tenancy period is month to month or a fixed term. To put closure to a fixed-term lease, you will need to wait for the end of the lease, unless they are in violation of the lease agreement. You do not have to notify your tenant about renewing the lease unless required by the lease.

For a month to month tenancy and if the tenant has lived at the property for less than a year, you must serve them with a 30 day’s notice, with Just Cause, per COVID TPA. For more than a year’s stay, the notice period becomes 60 days, with Just Cause, per COVID TPA.

No matter what the duration is, you must clearly mention when the tenancy ends and when they ought to move out.

Reliance on an experienced LDA, assures landlords that the appropriate eviction notice has been served. But it is always an added bonus to know these regulations to ensure the process of the proper steps landlords must take to terminate tenancy.

All about tenant eviction in Roseville

No landlord thinks about eviction unless and until the tenant is causing some serious problem. If an eviction is done wrongly, it can be expensive and long-drawn. Plus, it will also be a risk to your property. To understand tenant eviction in Roseville, you need to understand the legal processes applicable for California landlords.

CUSTODY

Avoid evictions

The best way is to avoid eviction process entirely. Make sure to have a foolproof tenant screening process to get reliable occupants who will pay their rents on time. Non-payment of rent is one of the major causes of evictions in California. If your tenant is not paying on time, you need to replace them immediately with a more dependable one.

Another way to avoid eviction is by implementing consistent rental collection processes. Tenants should be made aware of the due date. Then also if they are late, you can charge them late fees and begin your eviction process.

3 day notice

You cannot evict your tenants without giving them a proper eviction notice. The first notice to be served on a non-paying tenant is the Three Day Notice to Pay or Quit. Be sure that the notice is accurately prepared and includes the exact amount, name, address and phone number of the person on the receiving end. You also have to to mention if the payment needs to be done in person or via mail.

If your tenant normally pays online, you can give that information as well. This will allow your financial institution to be notified and thus, the payment can be made digitally.

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