The We Help You Legal Blog

How a Power of Attorney turns into Guardianship and Probate

Posted on 11/13/14 No Comments

A previous Power of Attorney customer of ours experienced a sudden death in her family; her sister passed away and left a 6 year old son behind. So, she is going to be petitioning the court for a guardianship of her nephew. Plus, there will be a simple probate for the sister’s estate, which is not that large.

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Probate, Will, Intestate

Posted on 11/12/14 No Comments

When someone passed away without a Will, the die intestate. If the deceased owned a home or significant assets and all the legal heirs are in agreement, a simple Probate can be prepared and processed with the Court without using an attorney. Our service fee is $3600, but that is reasonable compared to what attorney can charge. Plus, we offer a payment arrangement if necessary. Lastly, there are additional file fees and processing fees that are over and above our service fees, which we go into detail so there are no surprises. If you have questions, please feel free to contact us or visit one of our offices in Paso Robles, San Luis Obispo, Arroyo Grande, Santa Maria or Bakersfield. #probate #wehelpyoulegal

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Can you put a mobile home in a Living Trust?

Posted on 11/11/14 No Comments

Can you put a mobile home in a Living Trust? Quick answer. Yes! There is a misconception that a Mobile Home cannot be funded into a Living Trust/Estate Plan. Honestly, it is not as simple as Deeding over the property, but it can be done with some tenacity…the Dept. of Housing and Community Development is entity to contact and where the registration and title need to be changed. If either/or the registration or title are lost, then it is pretty simple to request duplicate forms, but again there are forms and associated file/processing fees.

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Testimonials

Posted on 11/11/14 No Comments

DATE: October 25, 2014 Customer Feedback from Square.com: “The meeting was very helpful and your service was efficient ! Thanks.” DATE: October 19, 2014 Customer Feedback from Square.com: “Great service” DATE: October 19, 2014 Customer Feedback from Square.com: “Christina and Carl are fabulous! All questions asked, super customer service! Price definitely right! Thank you!” DATE: […]

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Conservatorship or not?

Posted on 11/07/14 No Comments

Conservatorship or not? A prospective customer (let’s call him, Steve) called our Paso Robles office today about whether or not he needed to file a Petition for Conservatorship of his father (let’s call him, Jim). Steve’s mother is deceased and there are no other siblings. Steve told me that Jim was diagnosed with ALS and had dementia, but still manages to do some activities, such as paying bills, etc., on his own and can sign documents. With that said, Steve does not think his father is really capable of doing these activities nor should he be given his diagnosis. Since I am not an attorney, nor am I qualified to comment on Jim’s capacity, I told Steve that the decision was squarely on him and that he really should consult the doctor again and/or get legal advice.

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We make house calls

Posted on 11/06/14 No Comments

Customer came into the AG office looking for trust information for her elderly mother. I gave her a packet and asked if she had a moment to go over the questionnaire and our price breakdown. She agreed and we sat down and discussed what information I would need from her mom to create the trust. She added that her mom is very sick and would be having surgery on the 18th of this month and if we could put a rush on the service and deliver the documents to her home, given that she is unable to travel. Due to the circumstances I told her we would start on the trust as soon as she brought the questionnaire back completed. I also stated that we would be able to come and deliver the trust to her moms home given the special circumstance. The customer left my office relieved and said she would be back in a couple of days to return the questionnaire. Happy to make house calls! #probate

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Financial and Wealth Managers

Posted on 11/06/14 No Comments

After spending your life saving and investing, many people fail to remember to have a will or living trust prepared. We often receive calls or referral from financial and wealth managers to have their customers do a living trust or estate plan.

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Divorce and Legal Separation

Posted on 11/06/14 No Comments

Divorce or Legal Separation? (keep reading…confusion gets clearer) Customers often do not know if they should file a legal separation or a divorce. Sometimes customers are seeking a legal separation, but really want to divorce. It can be confusing, since the court documents require a “date of separation” to be listed, so customers tend to think that they are seeking a legal separation or are legally separated by filing documents listing a date of separation. Confused?? Well, get in line with our customers. Here is the long story short. A legal separation and the date of separation are two different things. The date of separation is the date you and your spouse decided to separate, which the parties can agree on but sometimes disagree to. And at the end of a legal separation process, you are still married to each other but your issues (custody, visitation, support amounts, property division, etc.) are worked out. At the end of a divorce, you are single people and free to remarry if desired…and all the issues, if any, are worked out or settled many times in a formal agreement call a “marital settlement agreement” or a “stipulated judgment”. With ALL that said, there is still quite a bit more to it not including all the form document preparation, etc. People attempt to do these documents on their own with the help of books, sample forms and the county family law facilitators, but are often not successful. We specialize in helping people from start to finish or assist if they get stuck. Let us know your thoughts or if you need help give us a call or email us. #wehelpyoulegal @wehelpyoulegal

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TV Advertising – KSBY

Posted on 11/05/14 No Comments

Lori @ksby ‪#‎ksby‬ is the best! If you are considering tv advertising for your business, I am happy to make an introduction!

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Restraining Order and Eviction (Unlawful Detainer)

Posted on 11/05/14 No Comments

Have you had this experience or know someone who has?

Customer came in a few days ago and inquired about an eviction. He drafted his own 30-day notice and wanted me to review it. Unfortunately I could not comment on his form, but researched the laws regarding eviction notices and is appeared his would work. However, he explained to me that his renter was verbally abusive and that he was intimated by him. So, he wanted to know if he could serve a 3-day notice. Again, we looked at the laws and is appeared that he could serve a 3-day notice to evict due to the threatening nature, etc. The prospective customer left my office. Then, this morning he called and was frantic. Last night he was verbally assaulted and intimidated, so he wanted us to prepare a Restraining Order and an Eviction (Unlawful Detainer). Although we helped him prepare and process a Restraining Order, unless there is physical abuse, a Temporary Order will not likely be granted by the Court. If there is physical violence, a death threat or some other serious matter, the Judge’s tend to wait until the hearing to hear all the evidence before ordering a restraining order. Regarding the eviction, it will likely work quicker. Basically, the 3-day notice has to be served, then the lawsuit has to be filed and served and if the tenant does not respond, then the Judge will make a Order and a Write will be issued for the Sheriff to evict. If all goes perfect, it still can take 2-3 plus weeks for an eviction. If the tenant files a timely response/answer, then a court hearing has to be requested and if there were no fatal mistakes made on the documents and the Judge does not find in the tenant’s favor, then the eviction will occur but could take several weeks to a month or more. Lastly, back rent and damages can be sought and ordered, but typically it is difficult to collect damages from a tenant. Evictions are extremely technical in nature, so we are careful and do a great job and have much success with them. #wehelpyoulegal NOTE: Online services such as, #legalzoom typically cannot compete with our ability to handle these matters fast and efficiently!

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