Monday, February 2, 2015

Estate Plan, Inheritance/Disinherited child




If your estate plan and related documents are properly and carefully drafted, it is highly unlikely that the court will disregard your wishes and award the excluded child an inheritance.  As unlikely as it may be, there are certain situations where this child could end up receiving an inheritance depending upon a variety of factors.
To understand how a disinherited child could benefit, you must understand how assets pass after death.  How a particular asset passes at death depends upon the type of asset and how it is titled. For example, a jointly titled asset will pass to the surviving joint owner regardless of what a will or a trust says. So, in the unlikely event that the disinherited child was a joint owner, that child would still inherit the asset because of how it was titled.
Similarly, if you left that disinherited child as a named beneficiary on a life insurance policy or retirement plan asset, such as an IRA or 401k, that child would still receive some of the benefits as the named beneficiary even if your will stated they were to take nothing. Another way such a "disinherited" child might receive a benefit is if all other named beneficiaries died before you.
So, assume you have three children and you wish to disinherit one of them and you state you want all of your assets to go to the other two, and if they are not alive, then to their descendants.  If those other two children die before you and do not have any descendants, there may be a provision that in such a case your "heirs at law" are to take your entire estate and that would include the child you intended to disinherit.
If you wish to disinherit a child, all of these issues can be addressed with proper and careful drafting by a qualified estate planning lawyer.


________________________________________________________________________________________
Law Office of Joan Medeiros Sacramento Estate Planning Attorney

Sunday, January 25, 2015

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Wednesday, January 21, 2015

Placer, Nevada, Sierra & Plumas Counties Mobile Notary Public Signing Agent

Why Use a Mobile Notary?  In todays fast paced competitive world, individuals, businesses and others needing documents notarized no longer tolerate the inconvenience of having to leave work or home to sign important documents. I offer the convenience you desire.  I will come to you to ensure that the needed docments are correctly and expeditiously signed, dated, notarized and returned, or an office appointment to avoid travel fees.
                                                      

Mobile Notary Public (5th Commission) Serving Placer, Nevada,  Sierra & Plumas Counties- Office Appt to avoid travel fee ~ Only..please call or text.  NOW ACCEPTING ALL MAJOR CREDIT CARDS MON-SUN INCL. HOLIDAYS! NOTARY DOCS CORRECT THE FIRST TIME! ALL WORK GUARANTEED! 15 YRS. EXPERIENCE! BONDED AND INSURED ($100,000 EEO) LOWEST FEES IN COUNTY GUARANTEED! Looking for a Fast, Professional Notary Public Service?

Notary services include:Loan Documents, DMV/traffic school tests, Affidavit of Support, Divorce Decrees, Travel Authorizations, Power of Attorney, Subpoenas, Wills, Application for Payments/Waivers, Clearance Letters, Patent Assignments, Health Care Directives, Trusts, Lease Agreements, Letter of Authorization, Grant Deeds, Copy of Birth Certificate and more. We specialize in same day, 1 hour notice requests with services available 24 hours, 7 days a week: weekdays, weekends and holidays. Full time Notary Public & Certified Loan Signing Agents. As a Mobile Signing Service, meeting our clients at convenient locations of their choice is my primary goal: Escrow-Title-Mortgage-Lending Offices; Banks, Private Residences; Hospitals; Assisted Living; Senior Centers/Rest Homes; Doctors Offices; Police Departments; Coffee Houses and Restaurants to name a few.  We are am extremely flexible to accommodate busy schedules as my aim is to provide you with the most experienced performance for any document requiring my notary expertise. 


We are not attorneys licensed to practice law in the State of California. We may not give legal advice, draft legal documents, or accept fees for legal advice. For legal advice, please contact your attorney prior to scheduling an appointment. 


Negotiable depending on time of day and distance traveled ~ no travel fee for office appointments~
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We will drive to homes, work, hospitals, jails, coffee shops, restaurants etc. or any convenient location to satisfy your immediate needs.  We specialize in last minute, short deadline notary needs M-Sun, Including Holidays

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________________________________________________________




Saturday, January 17, 2015

Companies: Implementing preventative legal strategies.

Most people are familiar with the idea of “preventative” legal action. The term refers to anticipating legal issues and conflicts and working to prevent them, rather than solving them or “winning” them once they occur. Companies can benefit from implementing preventative legal strategies as this approach is often less expensive than litigation, mediation, arbitration, and local, state and federal fines.
By working with an attorney early on in the creation of your new business, you can build a sound foundation for your company while likely saving money down the road. The following steps can serve as a great starting point for sound legal planning:
  1. Establish a relationship with an attorney who can assist you with the legal issues your new business will face early on in the start-up process. When an attorney is familiar with your firm from the onset, he or she can more effectively anticipate and address legal challenges and provide solutions. Also, many business lawattorneys will allow for a flat-fee relationship that enables you to address legal issues as they arise without incurring any additional expenses.
  2. Determine what you want, negotiate it and memorialize it in proper legal documents. Businesses encounter disagreements with vendors, landlords, employees, partners and others. To minimize the number of conflicts, it’s important to establish written contracts for all important agreements, arrangements and accommodations.

    A business law attorney can help you identify all key concerns regarding employee compensation and benefits, property usage and maintenance, relationships with suppliers and responsibility and profit sharing with partners. An attorney can ensure that, when a question, disagreement or conflict arises, your interests are written down, clearly stated and legally protected by a mutual agreement with the party in question.
  3. There are many exciting steps in starting a new business venture; selecting the type of legal entity the business will be is rarely one of them. Yet, it’s important to select a business structure early. Corporations offer numerous advantages but also require officers, boards, articles of incorporation and other formalities. Partnerships and sole proprietorships are simpler than most other business structures but open owners to potentially costly liability. Limited liability companies offer a middle ground for many, providing a liability shield and comparative simplicity. A business attorney can help you determine which business structure will work best for you by taking into account tax planning, location and other key considerations.
Even with preventative legal planning, a lawsuit may arise. If it does, it’s important to approach it from a business, not a personal standpoint. This strategy can help you make decisions that are best for your company’s future, keep your focus on the day-to-day needs of your business and avoid unnecessarily disclosing information. For legal advice and hands-on assistance during the formation and continued operation of your business, contact a qualified business attorney.





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Sacramento CA Estate Planning Elder Law Attorney, planning for children, Asset protection, Estate Administration, Elder Law, Medi-Cal Planning, Wills, Trusts, Planning for High Net Worth, Sacramento Estate Planning Consult Request, Probate Calculator, Sacramento Estate Planning Seminars

Saturday, December 20, 2014

California Jurat 2015.          Free download here  



Notarial acts will change from January 1, 2015, update your California Notary Forms. Title companies, loan officers, loan processors, attorneys, banks, escrow officers, mortgage brokers, Realtors, Real Estate Agents, loan consultants, lenders, time to update the notarial act forms from your document files.

This California Notary certificate is mandatory (January 1, 2015) according to Senate Bill 1050, Chapter 197 that has amendments to the Civil and Government Code



 Sergio Musetti,
Apostille, Spanish translation, Notary services
www.aSpanishMobilenotary.com           -             www.CaliforniaApostille.US

Tuesday, November 11, 2014

Download California All Purpose Acknowledgment Notary Form 2015

California All Purpose Acknowledgment Form



California Secretary of State Acknowledgment; the California all-purpose certificate of acknowledgment will have a mandatory change from January 1, 2015.  Bill number SB 1050, chapter 197 that was filed with the Secretary of State on august 15, 2014 was approved by the governor the same day. This bill will require the display of a notice in an enclosed box stating that a jurat, proof of execution or acknowledgment verifies only the identity of the document' signer and not the integrity, validity, accuracy of the document.

The exact words, and according to the Section 1189 of the Civil Code are: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

If you prepare documents, lender, paralegals, closing agent, banks, mortgage brokers, legal document assistant, Legal Document Preparers, attorneys, escrow officers, title companies, finance departments, estate planning professionals,

Regarding the acknowledgment: The form most frequently completed by the notary public is the certificate of acknowledgment.  The certificate of acknowledgment must be in the form set forth in Civil Code section 1189.

In the certificate of acknowledgment, the notary public certifies:
That the signer personally appeared before the notary public on the date indicated in the
County indicated;
To the identity of the signer; and
That the signer acknowledged executing the document.
Key wording of an acknowledgment is “personally appeared.” An acknowledgment cannot be affixed to a document mailed or otherwise delivered to a notary public whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. Also, a notary public seal and signature cannot be affixed to a document without the correct notarial wording.

Sample:
              CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.


STATE OF CALIFORNIA                       }

COUNTY OF ______________________}

On before me , ______________________________________________Notary Public,
(here insert name and title of the officer)

personally appeared ____________________________________________________________

_____________________________________________________________________________

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.






Signature: __________________________________(Seal)






Summary, Excerpt: On August 15, 2014 it was approved by the governor of California and filed at the Secretary of State and amendment to Section 8202 of government code related to Notaries Public. It states that the acknowledgment, proof of execution, or jurat verifies only the identity of the individual who signed the document to which the acknowledgment, proof of execution, or jurat and not the truthfulness, accuracy, or validity of the document. You can Download the California All Purpose Acknowledgment Notary Form 2015 here.

United States Apostille Service, authentication, legalization. Sacramento Notary www.CaliforniaApostille.US Tel 1-707-992-5551 Sergio Musetti bilingual Spanish Sacramento Mobile Notary Public Signing Agent

Monday, November 10, 2014

Change in the California Notary Acknowledgment 2015

The governor approved on August 2014 Senate Bill No. 1050.  Section 1189 of the Civil Code is amended to read (1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” This notice shall be legible. (2) The physical format of the boxed notice at the top of the certificate of acknowledgment required pursuant to paragraph (3) is an example, for purposes of illustration and not limitation, of the physical format of a boxed notice fulfilling the requirements of paragraph (1).

So the box can have different dimensions.  For example:


ALL PURPOSE ACKNOWLEDGMENT

Text Box: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this 
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
Add caption
STATE OF CALIFORNIA                         }
COUNTY OF ______________________}

On                               before me ,    ______________________________________________Notary Public,
                                                                                                (here insert name and title of the offi
cer)

personally appeared _
___________________________________________________________

_____________________________________________________________________________

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.




Signature: __________________________________(Seal)

_________________________ OPTIONAL _________________________

Description of Attached Document

Title or Type of Document: _______________________________

Number of Pages: ________

Document Date: ____________________

Other: __________________________________________________                                                             2015

DOWNLOAD THE FREE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT 2015 NOTARIAL ACT HERE