TOP 5 MISCONCEPTIONS WE HEAR FROM OUR CUSTOMERS ABOUT LEGAL DOCUMENTS

TOP 5 MISCONCEPTIONS WE HEAR FROM OUR CUSTOMERS ABOUT LEGAL DOCUMENTS

YOU NEED TO BE LEGALLY SEPARATED BEFORE YOU CAN FILE FOR DIVORCE

You can file for a divorce right away; you don’t need to file to obtain a legal separation and then file for divorce. That would only prolong the process and cost more money. The confusion might arise from the very concept of legal separation, and the fact that the same term indicates different things. You are considered legally separated once you file a petition for divorce (or legal separation) – the date on the filed petition is what counts. However, in that same petition you are asked to indicate when you were legally separated from your spouse, and that date can be in the past. That date indicates when you physically separated from your spouse (either because one spouse moved out, or even if the couple continued to live together, because the spouses were no longer behaving as a couple). Please feel free to contact us regarding assistance when filing for divorce in Southern California.

IT’S BETTER TO NOTARIZE WILLS, TO MAKE THEM MORE “OFFICIAL”

Typically a will only needs two witnesses, and no notary. Notarizing a will might even make it invalid! What every notary public learns while studying for the notary exam in California is that you are not supposed to notarize will, unless – and that’s the only exception – an attorney has drafted the will and he/she is requiring notarization. We specialize in Wills and Living Trust services in Los Angeles.

LIMITED LIABILITY COMPANY PROTECT MORE THAN CORPORATIONS

California Corporations and Limited Liability Companies allow the same level of protection from personal liability, while running a business or owning properties. There are indeed differences between the two types of entities, and we can refer you to a local CPA for advise on what’s best for you, but either way you won’t have to worry about being personal liable for acts you carried out while running your business.

POWER OF ATTORNEYS CAN BE USED EVEN AFTER THE PRINCIPAL HAS PASSED AWAY

In a power of attorney a person, called the principal, appoints another person (or more than one) called the agent(s) to act on his or her behalf in carrying out financial matters if the principal is unavailable or incapacitated. By definition, if the principal passes away, the power of attorney ceases to exist, because you cannot act as the agent of a deceased person. Sometimes we hear people claiming to have power of attorneys for an elderly person, and being convinced that that will allow them to distribute a person’s estate at the passing of the principal. That’s not true, and that’s why we always tell our customers about the benefits of a living trust. Feel free to contact is regarding creating a customized Living Trust in Los Angeles.

WHEN YOU FILE FOR BANKRUPTCY YOU CAN GET RID OF ALL YOUR DEBTS

Not so fast. When filing for bankruptcy in California even if you get discharged of all your debts by the trustee at the bankruptcy court, student loans and some governmental debts can’t be wiped out. Among those, some IRS taxes. Please feel free to contact us regarding when to file bankruptcy.

Document People is a network of independently owned stores that share a common purpose: helping customers represent themselves. We are looking forward to helping you with your Divorce, Wills, LLC or Corporation filings and a variety of other services. We serve Los Angeles, Orange County and San Diego County.

The information contained in this blog – including information of a legal nature – is provided for informational purposes only, and should not be construed as legal advice on any subject matter.