Wednesday, August 11, 2010

Rancho Cucamonga Living Trusts and Wills

The Attorney General for the State of California recently WARNED the public of companies who advertise living trust sometimes misrepresent who is preparing these important documents.

"But the most serious problem is the misuse of the financial information sales persons obtain to prepare a living trust. Unfortunately, this information is used to sell unneeded annuities and various investments, most often to senior citizens."

As a probate lawyer practicing in the State of California, I have seen the results of these purchases in that sales people take advantage of people in selling overpriced, poorly written, and confusing documents that lead to utter disaster in expensive litigation and many times do not fulfill the wishes of the giver.

BUYER BEWARE - Many of these sales people are NOT attorneys but pose as attorneys or "financial planners" or "paralegals" to set up appointments. They will promise you an attorney will review the documents or anything in order to gain a purchase. Once your money is paid they proceed with selling you other products which are very likely not in your best interest.

The Attorney General warns the public to stay away from these people. Beware of letters or pamphlets including those whom claim to be associated with other government or private organizations in order to gain your confidence.

The State Bar of California can not and does not regulate these people - they are not attorneys. Unfortunately once the damage is done your only recourse is filing a law suit or just destroying the documents and starting over.

The Law Office of Frank J Prainito, A Professional Corporation has been practicing law for morethan 15 years with an outstanding record with the State Bar of California - and has been a member of the San Bernardino Community throughout that time.

If you would like a FREE consultation regarding a living trust or will, please call me at this number - 909-4813626 - to schedule an appointment. I will review your current documents and give you my opinion or prepare new documents at much much more affordable prices than what you paid the unlicensed, unregulated, nonprofessional.

LAW OFFICE OF FRANK J PRAINITO, A PROFESSIONAL CORPORATION, 8300 UTICA AVE., SUITE 245, RANCHO CUCAMONGA, CALIFORNIA, 91730.

Monday, June 21, 2010

RANCHO CUCAMONGA DIVORCE ATTORNEY

EXPERIENCED DIVORCE ATTORNEY IN RANCHO

If a divorce is the only way you can get on with your life - don't give up your rights to a fair and equal division of the property. It is imperative that you first seek legal advice from an experienced property division lawyer. Don't enter into a marital settlement agreement dividing up debts and assets including real estate, pension, bank accounts, furniture and furnishings - vehicles and all other property without first seeking counsel.

This process doesn't have to be expensive - but once you agreed and sign paper - it is expensive to try to undo it. Don't ignore this important part of the divorce proceedings and give up your legal rights.

Call me at 909-481-3626 first - before you agree to anything. The consultation is just $50 and may be the best fifty dollars you ever spent.

Frank J Prainito, Attorney at Law
With 15 years of Family Law Experience.

Friday, April 16, 2010

San Bernardino Divorce

Petition for Dissolution of Marriage

A party who seeks a judicial determination altering his or her marital status under the California Family Code . . . i.e. entering a Judgment of Dissolution. Legal Separation, or Nullity, must first commence the proceedings by filing a petition. The petition is the only pleading a petitioner is permitted to file. The petition must not contain any matter not specifically required by the Judicial Council petition form. You cannot alter the petition or it will be rejected by the clerk of the court and not filed. The initial question in filing a petition for divorce is jurisdiction. This is established in several ways. The most common qualification to the petitioner is if he/she resides in the State for a minimum of 6 months and in the County for a minimum of 3 months at the time it is filed. Once the petition has been filed you can begin Discovery where you can obtain the other parties documents, ask questions, place lis pendens and join their pension/retirement accounts etc.

However, the filing of a petition only establishes jurisdiction and does not get you into court to obtain the relief you are seeking. You will need to bring Motions or Order to Show Causes to get your issues in front of a judge.

The process is long and can be difficult to handle on your own. You should seek legal counsel before initiating a proceeding. This means take the time to meet with a licensed attorney at law who practices family law before you begin. A paralegal services can be helpful BUT they are NOT lawyers and can more often than not cause you more harm than good. It is worth the time and small consultation fee to meet with a lawyer in that field before you begin.

If you need help, feel free to call me at 909-884-2191 for a consultation.

The Office of Frank J. Prainito, A Professional Corporation will be happy to assist you and you will be happy you took the time to meet.