PH PARALEGAL SERVICES

PH Paralegal Services can lead you through this unpleasant task effortlessly should you find the necessity to file a personal bankruptcy - Chapter 7 

The prerequisite here is that you AGREE. 

Every divorce situation is unique to itself. 

Sooo, generally, the issues of support, custody, and division of property must be discussed, and decided upon before you begin.  These decisions will be put into the final Marital Settlement Agreement to be signed by both parties. 

DEFAULT DIVORCES: 

Sometimes the other party refuses to "respond" or "make an appearance" to your Petition for Dissolution.  In this case, you will attend a default hearing with the proper documents in hand to finalize the divorce. 

The most FAQ is:  When will my divorce be final? 

Six months from the date the Respondent is served is the earliest you can request and get the final Judgment for Dissolution in the State of California. 

SUMMARY DISSOLUTIONS: 

This is a fine way to approach a divorce if  you have been married less than five years and have no children, and basically, no assets.  Your qualificaiton for this method can be determined when you have your consultation.  The law in the State of California requires that you wait six months from the date that the Petition for Dissolution is filed to get the final Judgment. 

Has your "Divorce" been lying around for years? 

Sometimes the circumstances of life prevent us from finalizing the details of a Marital Settlement Agreement. 

If you are now ready, PH Paralegal Services will draft the Marital Settlement Agreement with your input.  We can then submit it to the court, along with the Judgment and Entry of Judgment, in order to finalize your divorce. 

With regard to existing cases, anytime you want to change an order, or get an order from the court, you must request a hearing on the matter and present your evidence. 

PH Paralegal Services can help you draft your Declaration, with any supporting documents, to be filed and served on the Respondent along with the Notice of Motion. 

The revocable, "Inter Vivos," Living Trust eliminates probate, attorneys, attorneys' fees.  The Living Trust affords flexibility, privacy, control and tax savings. 

PH Paralegal Services can show you how speedy, easy and direct a Living Trust can be.  We can assist you with endorsements, schedule(s) of assets, provisions for the minor children, health, distribution, pets, etc.  Whatever you desire.

PH Paralegal Services adds a Back-Up Will to the "Inter Vivos" Trust, sometimes called a Pour-Over Will.  This provides for (1) vehicles (cars, motorcycles, boats), which can change frequently in your life, and (2) for any residuary property you may have. 

Most vehicles are registered with the Department of Motor Vehicles and have some kind of insurance.  With a back-up will, the vehicles need not be registered in the name of your Living Trust and insurance does not have to be changed, an inconvenience when buying new vehicles or selling old ones.

What if you are the beneficiary of property that you presently do not know about?  There may be assets you have forgotten, or that you simply do not know about.  Suppose you win the lottery one night and a fatal accident occurs on the way home from your claim.  These are the kind of assets that you sometimes may not have had time to add to your schedule of assets and transfer to The Living Trust before your demise.  This "residuary" property is left by the Back-Up Will to the Trustee of your Trust or a named beneficiary.

Your Living Trust addresses the issue of temporary incapacity by stating that your successor trustee will handle matters for you and take care of you until you are ready to take charge again. 

I called mine The "Inter Vivos" Trust because I liked the Latin words!  Whatever you call it, your Living Trust changes (lives) as you do through your life.  (You changed your mind, did you?)  It is revocable until your demise. 

The life of The Living Trust lies in titling your property to yourself as trustee of your Trust and listing that property on your "Schedule(s) Of Assets."  As you buy or sell -- change your schedules accordingly.  

DEFINITION OF TERMS

Schedules - simply, a list of your present assets.  You can add and/or delete assets as they change.

Distributive Provisions - who gets what when. 

Sometimes these documents are named:  Springing Durable Power of Attorney for Health Care, Durable Power of Attorney for Health Care, or Power of Attorney for Health care. 

This document appoints a person of your choice as your Attorney-in-fact, whose duty it will be to make health care decisions for you in the event that you cannot make these decisions yourself.  It instructs your health care providers, and your Attorney-in-fact, that in the event of a terminal condition, you do not want any life support procedures or equipment to be used.  Or, you do want them!

Some of you may remember the Terry Shivo case. 

This document appoints someone of your choice to legally act for you by signing documents that you would sign. 

This document can be General or Specific and generally is in effect until revoked in writing. 

This does not mean that you cannot conduct your own business and sign your own checks or documents.  It is merely "insurance" in the event you become unable to conduct business.  That appointed person can jump in and take care of business. 

PH Paralegal Services can help you if you wish to change a Deed to Joint Tenancy or visa versa, or a loved one has passed on and the Deed needs to be changed to reflect the new owner(s). 

The new Deed must be notarized and sent to be recorded in the appropriate county, along with a Preliminary Change of Ownership. 

PH Paralegal Services suggests that you discuss your business plan with a person who knows about tax structure with regard to corporations.  Then, depending on your product/service, you can decide on what kind of corporation would best suit you and your new business venture. 

As a Landlord, you must give your tenant "Notice" to quit before you can file an Unlawful Detainer. 

As a Tenant, when you have been served, you have only five days within which to answer an Unlawful Detainer. 

PH Paralegal Services can help you with filing and serving a Small Claims Complaint.  Once you have asked for and after Defendant has refused you payment/service, you can you file the Complaint.  Neither party can be represented by an attorney. 

With regard to other kinds of Complaints, PH Paralegal Services urges you to get an attorney.  Litigation is an intense, serious, and paper crazy experience. 

However, if you have a statute running, PH Paralegal Services may help you file the initial Complaint. 

As a defendant, if you need to file an Answer in a timely fashion, PH Paralegal Services can help you file and serve the Answer to a Complaint. 

At this point, you will have to hire an attorney. 

PH Paralegal Services includes notary services to its clients when applicable.  Some documents must be notarized, i.e., Living Trusts and Deeds. 

PH Paralegal Services will be happy to confer with you about your "situation" and give you details about our service fees and costs applicable to you. 

Please remember that PH Paralegal Services is precluded by law from giving you any advice, however, we can give you information.   

Call Patti at (310) 822-8326 or contact her at phparalegal@yahoo.com for free consultation.