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Fyfe Law Firm
The legal process can be complicated, confusing, and tedious, but it doesn't have to be. At Fyfe Law Firm it is our personal endeavor to help clients navigate through the process with relative ease. It is of great benefit to have an attorney on your side. Fyfe Law Firm assures clients are well cared for and receive all the attention they deserve. We have the experience to help you find the best solution for your legal needs.
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Revocable Living Trusts are typically the simplest and safest way to transfer property upon your death to the beneficiaries of your choosing.
It mostly achieves the same objective as a Will, with one major critical distinction: a Trust helps avoid going through the costly and time consuming probate court process.
If you own a home or condo in California, your gross probate estate will almost always be in excess of $150,000, which will cause mandatory formal probate to trigger if you die with only a Will, with no estate plan at all, or with no other probate avoidance mechanisms in place.
Without proper planning, your assets will be distributed according to the California intestate succession laws, and not by your wishes.
Under intestate succession, who gets what property is dependent on who your closest relatives are when you die.
Under intestate succession, only spouses, registered domestic partners, and blood relatives can inherit.
The percentage that they each receive is designated by California law.
In the rare instance that no relatives can be found, the state will inherit your assets.
A Power of Attorney is a document that allows the principal to appoint a person to act as their agent and make decisions on their behalf.
These decisions may involve real property, bank accounts, credit cards, partnership interests, and other financial and business areas.
Clients typically set up a Durable Power of Attorney so in the instance they, as the Principal, become incapacitated, whomever is appointed as their Agent can make decisions on any Trust and Non-Trust assets, including financial or business decisions, on their behalf.
A divorce, otherwise known as a Dissolution of Marriage, can be filed by a married person to end a marital relationship.
Along with restoring the parties to single status, the court can also issue orders for custody and visitation of the minor children, child support, spousal support, and confirm or divide community and separate property assets and debts.
A Legal Separation can be filed by a married person who wishes to maintain the marital status, but who wishes to resolve all other issues of the marriage.
A Premarital Agreement is an agreement between future spouses that is made in contemplation of marriage and is made effective upon marriage.
A Premarital Agreement is typically used to change property rights that would otherwise accumulate under California community property during marriage.
Property can be an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Therefore, the parties can create their own system for characterizing marital property and thereby avoid complex apportionment problems that could arise under the community property system should the parties ever separate.
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