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Divorcing A Spouse Who Lives Outside the Country

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Given the diverse population of the Bay Area, it’s not unusual that couples get married, then one spouse decides to return to his/her country of origin or another country altogether. It can be for the same reasons that any couples get divorced, including a job opportunity abroad, and the other spouse does not want to accompany his/her mate. It’s not unusual that one spouse loves living in the US while the foreign-born spouse never adjusts to the American lifestyle. The divorce process itself is the same as for divorce within the US; however, the rules to serve your spouse with notice of the divorce proceedings are different, generally determined by the laws of individual countries. There are also a few caveats, including residency requirements and military service Active-duty service members are generally protected from divorce proceedings in most cases. Under the Servicemembers Civil Relief Act (SCRA), U.S. service men and women cannot be sued or begin divorce proceedings wh...

Trust Administration: Give Careful Thought to Selecting a Successor Trustee

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When creating a  Living Trust , we encourage our clients to give careful consideration to choosing a Successor Trustee. Depending on the complexity of the estate, Trust Administration can take months, and it can require a significant time commitment. It also requires dealing with financial accounts, so it’s important to identify someone who is comfortable working with numbers. If someone has been named as the Power of Attorney and Agent for the Advance Healthcare Directive, it may make sense to name the same person as Successor Trustee—there’s a good chance by the time of death, he/she will already have some familiarity with the estate, which will help streamline the Trust Administration. Successor Trustee oversees the disbursement of the Trust The Successor Trustee will be in charge of overseeing the disbursement of the  Trust –essentially taking care of the assets for those who have been named as the Trust’s beneficiaries. The estate may include savings and other bro...

Immigration: Marriage as Fast-Track to Green Card? Not So Fast!

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While it’s too soon to know what the Trump administration’s long-term influence on immigration will be, it’s fair to say that it’s not going to get any easier. There is a long list of forms and rules, processes to follow and documents to be submitted. There are interviews with the U.S. Citizenship and Immigration Services (USCIS), and it’s not unusual that they find something troublesome buried deep in an applicant’s past that delays or stalls an already lengthy process. All of this makes for a lot of anxiety for those who wish to come to or remain in the US for a wide range of reasons—for study, long-term medical procedures, extended family visits and for the many employment opportunities in US technology centers and at universities all over the country. Marriage makes it easier, but it’s still a lengthy process There’s no question that marrying a US citizen or green-card holder can fast-track the green-card process. Many of our clients who are citizens or green-card hol...

Midyear Reality Check: 6 Tips for Updating Your Estate Plan

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As we near the end of June and sneak up on the Fourth of July, many of us are dreaming of packing the kids off to camp and enjoying a well-deserved vacation of our own. But the halfway mark is also the time to be taking stock. What have we accomplished and what can we do in the next six months to meet our 2017 goals? Time for creating or updating Living Trusts At  DP Legal Solutions , we’re bullish on Living Trusts! Our goals for our clients always include either creating or updating their Living Trusts. It’s easy to procrastinate, but the rewards are great. Creating and funding a Living Trust is one of the most thoughtful gifts you give your family. Unfortunately, many people believe that once they create and fund their Living Trusts, the process is finished. But we caution our clients to review and update their Trusts every few years--this is especially important for those who create their Trusts when their children are still young and they’re building their careers. Liv...

Deeds: Essential Process for Transferring Interest in Real Estate

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A Deed is the legal document that transfers a person’s interest in real estate. It can be transferred to another person or to an entity, such as a Living Trust or a Corporation. It can seem like a small thing, but ask anyone who’s trying to transact business without having title to a property, and they’ll tell you how important a Deed becomes. Without owning the title to a Deed, it is impossible to buy or sell the home that’s associated with that Deed. It’s also impossible to move that home into a Living Trust. Transferring title, or ownership, on a Deed is a relatively simple process that has important legal protections. Best of all, it’s something DP Legal Solutions can generally accomplish fairly quickly. Below are some common situations that require Deed transfers We’re hoping that these may serve as reminders of the need to transfer title on your Deed. 1. Adding a spouse This is perhaps the most common reason our clients come into our offices to transfer Deeds. These ...

No Living Trust Means Probate; Longtime Partner Loses Home

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If you’re reading this story, there’s a good chance you don’t have a Will or Living Trust. Or perhaps you have a Trust, but you created it nearly 20 years ago and it’s sadly out of date. Unfortunately, this is the case for nearly three-quarters of Americans. There’s a perception that Wills and Trust are for old people—people think they’ll have plenty of time to prepare end-of-life documents “when the time comes”, but life often intervenes. Life is full of uncertainties The reality is that anyone with assets and dependents should have a Living Trust, and if incapacitated, having an updated Living Trust, Power of Attorney and Advance Healthcare Directive in place can save your family considerable time, money and anguish at what will undoubtedly be a very difficult time. Without a Will or Living Trust, your family will have to go through Probate. Some good news: you don’t need an attorney for Uncontested Probate If your Probate case is uncontested—if none of the potential heirs...

Uncontested Divorce: Couple’s Divorce Finalized in 7 Months

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Divorce is never easy. Even in the best of circumstances, it requires time, a financial commitment, changing environments and sometimes circumstances–in many cases it means downsizing and losing the family home. If there are children, things quickly get more complicated as couples scramble to minimize the volatility for their kids. But Divorce doesn’t have to be chaotic and expensive. If a couple can agree on division of property and a parenting plan, they don’t need an attorney—we’ve helped hundreds of couples with uncontested Divorces since we opened our doors in 2010. We recently helped a couple, John and Susan, who came in to our office on a Friday morning. They’d been married for ten years and had a five-year old daughter and a seven-year old son; they both had good jobs and owned their own home. They’d grown apart over the years and quarreled constantly. They knew they were creating an unhealthy atmosphere for their children. When their son’s teacher called to tell them that...