Jayson R. Elliott

The 3 ways to Avoid Probate

Jayson R. Elliott · January 18, 2021 ·

Probate can be avoided when:

There is a valid living trust is in place.
The assets are held in a payable-upon-death account with a named beneficiary
- examples include life insurance, retirement, and investment accounts
The assets are worth less than $150,000 in value.

The probate process should be avoided whenever possible as it involves time delays, legal and other expenses, and a loss of control over administration of assets. The process is confusing and can be overwhelming with extensive documentation and filing requirements.

The best way to avoid the probate process is to have a living trust in place long before you expect to need it.

Otherwise Probate is required.

When probate is required securing legal guidance is the best way to simplify and streamline the process for everyone involved.

Without going through the probate process, you (as an heir or beneficiary) cannot take legal ownership of most assets left by the deceased. In order to gain legal ownership (title, deed, etc…) probate is required whether a will exists or not.

Note: A “will” ensures that your assets are passed to your heirs according to your wishes, it does however require probate.

Book an appointment to discuss your probate needs, or estate planning needs.

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Differences between a Will & a Trust

Jayson R. Elliott · January 13, 2021 ·

Wills and trusts

Bay Legal helps plan your estate, to help conserve and protect assets for you and your loved ones.

A will or testament is a legal document that expresses a person’s wishes as to how their property is to be distributed after their death and as to which person is to manage the property until its final distribution.

Wills can be fairly straightforward and simple or extremely comprehensive and detailed depending on the complexity of your estate and how you want to handle passing on your assets.

A Will ensures that, after death, your estate will be disbursed according to your wishes.

A Trust, goes into effect as soon as you create it, and the terms apply while you are still alive and dictate the disbursement of your estate either before or after your death, or both before and after.

Wills and Trusts each have their advantages and their disadvantages depending on your unique situation and ultimate goals for your estate. Bay Legal estate planning attorneys can discuss your unique needs and help you find the best solution.

Book a consultation to talk about your estate planning needs

What does “unbundled” or “limited scope” mean?

Jayson R. Elliott · January 12, 2021 ·

“Unbundled services” is a term commonly used to refer to limited scope representation offered by attorneys.

An attorney who offers limited scope representation can provide affordable legal assistance by helping you with certain stages of your case, rather than handling your case from start to finish. For example, you can hire the attorney to make a court appearance, to assist in the preparation of specific documents for your case, to review and advise you on your actions and strategies during your case, or some combination of those examples.

Attorneys offer unbundled services in many different areas of law. Not all attorneys offer limited scope representation and not all attorneys who offer limited scope representation also offer full scope (beginning to end) representation. Unless you are certain that you will not need further assistance it is important, when hiring a limited scope attorney, that that attorney also provides full scope services. In the even that your care requires more services you do not want to have to hire a new attorney and pay them to get “up-to-speed” on your case before they can start representing you.

If you hire an attorney to perform limited scope work, the attorney will be responsible only for that specific segment of work that you have agreed to. The attorney will not be assuming responsibility for handling your case in its entirety. It is your responsibility, with the attorneys help, to make sure that you fully understand what parts of your case the attorney will and will not be responsible for.

At Bay Legal we provide limited scope services in many areas of the law including areas that are not represented on the website. Please contact us or book a free 20 minute appointment if you are considering any limited scope services.

What are Limited Scope Legal Services?

Jayson R. Elliott · January 12, 2021 ·

What are Unbundled / limited scope representation services?

Unbundled / Limited scope representation services are growing in popularity, it is a way that an attorney can help you with part of your case while you handle the rest of your case. For example:

1. You can consult with an attorney to prepare or review your paperwork, but attend the hearing yourself;

2. You can represent yourself through the whole case, and periodically consult with an attorney who can coach you on the law, procedures and strategy;

3. You can do the preparation yourself and hire an attorney just to make the court appearance for you;

4. You may want to do your own investigation of the facts (“discovery”) and ask the attorney to assist you in putting the information in a format which is useful to the court;

5. You may ask the attorney to be on “standby” while you attend the settlement conference yourself.

With limited scope assistance, you may be able to handle the whole case yourself, except for a few technical areas, such as “law and motion,” where an attorney can help you. It really is between you and your attorney to decide how much of your case you hire him or her to do. If you do this, it is important to keep returning to the same attorney. Otherwise, you are paying someone new to get up to speed on your case each time you consult.

Some areas of the law and procedure are extremely technical, and it is rare for non-attorneys to effectively handle them. Among these are motions to compel discovery, motions attacking the pleadings or summary judgment motions, and preparing trial briefs. Also included are substantive areas of law that generally require legal expertise or cases where the offers of proof or burden of proof may be difficult or complicated, such as someone’s intent, a breach of the duty of care in a professional negligence suit, the existence of a verbal agreement, competing claims to title to real property, etc. You will almost certainly need extensive assistance from, or often full representation by, an attorney if your case involves any of these issues.

Divorce vs Legal Separation

Jayson R. Elliott · July 25, 2020 ·

Legal separation (also called Judicial Separation) and divorce differ in many ways. The process and expense of filing Legal Separation and Divorce are often very similar as you must work out the same issue. In both cases the parties are now living apart from one another with a specific legal, financial, and custody agreements in place. The main difference is that legal separation does not completely dissolve the marriage, nor completely dissolve future financial responsibilities, divorce severs both.

What Is Legal Separation?

The parties will come to agreements, often through negotiations, on financial, legal and custody issues and the agreement must be filed with the court. This process generally involves at least one attorney and often involves a mediator.

California requires that both parties to a legal separation agree. If they do not agree a legal separation is not going to be an option.

Legal separation is very similar to a divorce. However, divorce results in the complete dissolution of the marriage and legal separation does not.

Benefits Associated with Legal Separation

For most, legal separation is the first step to a final divorce. It is often undertaken for financial benefits, including tax benefits or where religious conviction place importance on attempting a step short of complete dissolution. The decision often stems from the details

Benefits of choosing Legal Separation:

It is usually a stepping stone to an eventual divorce, or reconciliation.
There are federal tax breaks for married couples the parties would like to continue benefiting from.
maintaining health insurance benefits from the other patties health plan.
The possibility of reconciliation is alive. A legal separation keeps your marriage intact in the event you are able to work out your differences.
Religious convictions – generally against divorce.
Financially stability – both parties may wish to stay legally married to reduce living expenses.
Increased social security benefits. Upon reaching 10 years of marriage the amount of these benefits can increases.
You are simply not yet ready for a divorce but living together is no longer an option.
If you plan to stay separated on a long-term or permanent basis, it is imperative that you have a separation agreement in place so that you both have your interests legally protected.
All the following are covered in a legal separation: child support, custody and parenting time, asset and property division, payment of marital debts, and spousal support.

Legal separation protects the current interests of both parties allowing them to separate and gain independence.

Downsides of Legal Separation

As with any legal procedure involving family law, there are some cons to choosing a legal separation. Even though legal separation isn’t a divorce, the journey is still complicated and emotionally taxing. This is all the more reason to choose an experienced attorney like Bruce A. Mandel to represent you and process your paperwork.

Downsides of Choosing Legal Separation:

Legal separation is not a divorce; therefore, you remain married. It is illegal to married to two (or more) people at once.
You are not financially independent from your partner. Legal separation does not sever your joint financial responsibilities, (with the exceptions of child and spousal support obligations.
If you or your partner are absolutely sure they want to dissolve your marriage. Choosing legal separation only prolongs your stress and discontentment and increases the legal expenses.
Short of a financial benefit or financial necessity there is little reason to waste time and money on a legal separation.

Legal separation is just as complicated as a divorce, and the process is very similar. Both parties must agree and must be willing to continue to share financial responsibility going forward.