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.
Wednesday, August 11, 2010
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.
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.
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.
Monday, December 14, 2009
SAN BERNARDINO CUSTODY AND SUPPORT ATTORNEY
THE LAW OFFICES OF FRANK J PRAINITO HAS BEEN SERVING SAN BERNARDINO COUNTY RESIDENTS FOR 14 YEARS WITH POSITIVE PRAISES FROM CLIENTS.
YOUR CASE WILL BE PROFESSIONALLY ACCESSED BY AN ATTORNEY WHO WILL DISCUSS YOUR CONCERNS AND LIKELY OUTCOME OF THE CASE. WE WORK TO MINIMIZE THE COSTS TO YOU WHILE GETTING THE RESULTS YOU EXPECT.
CALL 909-884-2191 TO SET A CONSULTATION TIME.
YOUR CASE WILL BE PROFESSIONALLY ACCESSED BY AN ATTORNEY WHO WILL DISCUSS YOUR CONCERNS AND LIKELY OUTCOME OF THE CASE. WE WORK TO MINIMIZE THE COSTS TO YOU WHILE GETTING THE RESULTS YOU EXPECT.
CALL 909-884-2191 TO SET A CONSULTATION TIME.
Monday, November 2, 2009
FAMILY LAW DIVORCE ATTORNEY SAN BERNARDINO
San Bernardino Family Law AND Divorce Lawyer
At the Law Offices of Frank J. Prainito, we work hard to effectively resolve your legal matters in a reasonable amount of time. We are proud of our San Bernardino roots and our commitment to our neighbors throughout the region. It is our goal to resolve your legal issues in a reasonable time so you may get on with your life.
Your initial consultation
When you come into our office for your initial consultation, we will talk about your concerns, discuss the legal aspects of your case, and advise you of the best way to approach your problems. We will also discuss the probable outcome of the case. Because communication is so essential to an effective attorney-client relationship, we take care to maintain a helpful, approachable environment.
Our retainer agreements are reasonable and flexible in order to allow all clients to have the professional legal counsel they deserve.
CALL 909 884-2191 TO SET A TIME TO SPEAK WITH ATTORNEY PRAINITO.
At the Law Offices of Frank J. Prainito, we work hard to effectively resolve your legal matters in a reasonable amount of time. We are proud of our San Bernardino roots and our commitment to our neighbors throughout the region. It is our goal to resolve your legal issues in a reasonable time so you may get on with your life.
Your initial consultation
When you come into our office for your initial consultation, we will talk about your concerns, discuss the legal aspects of your case, and advise you of the best way to approach your problems. We will also discuss the probable outcome of the case. Because communication is so essential to an effective attorney-client relationship, we take care to maintain a helpful, approachable environment.
Our retainer agreements are reasonable and flexible in order to allow all clients to have the professional legal counsel they deserve.
CALL 909 884-2191 TO SET A TIME TO SPEAK WITH ATTORNEY PRAINITO.
Monday, October 26, 2009
AFFORDABLE LOW COST DIVORCE IN SAN BERNARDINO WITH ATTORNEY
EXPERIENCED AFFORDABLE SAN BERNARDINO FAMILY LAW ATTORNEY IS NOW OFFERING YOU HIS SERVICES AS A MEDIATOR IN PROCESSING YOUR DIVORCE AT A LOW COST.
If you are facing divorce, you may have heard the mediation is an alternative to a traditional divorce trial. Although divorce mediation is not right in every situation, many couples are able to use mediation to finalize their legal matters in an efficient, timely, and COST EFFECTIVE manner.
As your family law mediator, I will prepare a Stipulated Judgment that is fair to both parties and submit it on your behalf for a final judgment.
It is important that both of you have reached an agreement on all of the issues to make this work. But it can save you a LOT of money over a traditional divorce will you are in and out of court and in and out of mediation.
PLEASE CALL FRANK PRAINITO AT 909-884-2191 to set a time for an appointment.
If you are facing divorce, you may have heard the mediation is an alternative to a traditional divorce trial. Although divorce mediation is not right in every situation, many couples are able to use mediation to finalize their legal matters in an efficient, timely, and COST EFFECTIVE manner.
As your family law mediator, I will prepare a Stipulated Judgment that is fair to both parties and submit it on your behalf for a final judgment.
It is important that both of you have reached an agreement on all of the issues to make this work. But it can save you a LOT of money over a traditional divorce will you are in and out of court and in and out of mediation.
PLEASE CALL FRANK PRAINITO AT 909-884-2191 to set a time for an appointment.
Friday, July 17, 2009
LIVING TRUST OR WILL FOR ESTATE PLANNING
LIVING TRUST OR WILL ?
By: Frank J. Prainito, Attorney at Law
A prudent person will make certain his/her affairs are in order before they lose the capacity to make their wishes known. We see examples of unexpected passing in the news everyday. The question is whether these perons clearly stated their wishes. Sometimes being who they wish to be the caregiver of the children or whom they wish to handle their estate? I am not certain if some of these persons who passed with Wills ever reaffirmed or republished the Wills but it is always a good idea to have your legal documents reviewed periodically so to ease any controversy.
The QUESTION is which is better a Will or a Living Trust? One thing for certain is a Will means probate. A Will must be filed with the courts to prove it is genuine and to obtain orders to transfer the assets. A Will means under the scrutiny of the courts. The courts will be involved every step of the way. It may be many months before the property is distributed to whom the decedent wished. This also means attorneys will be involved which causes the estate to shrink. Generally thousands of dollars in legal fees must be paid. In fact, some attorneys have a huge inventory of Wills secured in their office . . . just waiting for a person to pass so they can begin administration. The whole world will know about your legal afairs as this is a public proceeding. A Living Trust does not need to be probated. Of course, the successor trustee will need to provide notice to the heirs and provide each of them with a copy of the trust documents, but this is a private matter. The heirs need to be advised who was named as Succesor Trustee and the estate will be handled by this person in accourdance to the decedent's wishes. The Successor Trustee may wait the staturory period of time after providing notice to the heirs or may just begin to collect the assets for administration. There is not a need to publish the Trust in a newspaper or log the Trust with the court. This is generally the most cost effective manner to handle your estate. The key word here is of course "trustee" as in who do you trust to be responsible to distribute your estate? Where such a trusted person exists . . . you may be far better off with a Living Trust coupled with some other documents than just a Last Will and Testament. Sometimes an attorney is named as the Successor Trustee where no one else exists.
THEREFORE, Generally speaking a person is better off with a Trust than a Will and it is highly recomended a Trust be established when a Person owns real property. The ownership interest can pass to the selected beneficiary outside of probate in a very effective riskfree way. After the Trust is carefully drafted, the real property is put into the name of the trust and recorded with the county recorder. The owner is now the Trust! But the transferor is the trustor who generally is also the First Trustee and will retain control over the property. The Trustor/Trustee can be both husband and wife initially with the estate eventually controlled by the Successor Trustee who may be a child or children of the trustor. The word "living" refers to a Trust that may be changed during the life of the trustor(s) while they are in good health . . . So they may sell the property if they wish or change the ultimate beneficiary designations as many times as they wish while they are still in good health.
WARNING: Paralegals are not attorneys. They often will prepare wills or trusts for clients and give the wrong advise or missing information. It is not a good idea to buy a will or trust from a person who says he is an estate planner . . . such as an insurance agent or the like . . . as they will generally charge you as much as an attorney but often are not legally competent to properly prepare the documents or to make certain the documents are fully executed. This includes on line services such as the ones advertised on your friendly radio station or news paper. More times than not you are being cheated.
For real peace of mind you should visit with an Estate Planning Attorney who understands Probate Law and who can properly direct you to the documents you need.
FOR MORE INFORMATION VISIT PRAINITOLAW.COM
OR CALL FRANK J PRAINITO AT 909-884-2191.
By: Frank J. Prainito, Attorney at Law
A prudent person will make certain his/her affairs are in order before they lose the capacity to make their wishes known. We see examples of unexpected passing in the news everyday. The question is whether these perons clearly stated their wishes. Sometimes being who they wish to be the caregiver of the children or whom they wish to handle their estate? I am not certain if some of these persons who passed with Wills ever reaffirmed or republished the Wills but it is always a good idea to have your legal documents reviewed periodically so to ease any controversy.
The QUESTION is which is better a Will or a Living Trust? One thing for certain is a Will means probate. A Will must be filed with the courts to prove it is genuine and to obtain orders to transfer the assets. A Will means under the scrutiny of the courts. The courts will be involved every step of the way. It may be many months before the property is distributed to whom the decedent wished. This also means attorneys will be involved which causes the estate to shrink. Generally thousands of dollars in legal fees must be paid. In fact, some attorneys have a huge inventory of Wills secured in their office . . . just waiting for a person to pass so they can begin administration. The whole world will know about your legal afairs as this is a public proceeding. A Living Trust does not need to be probated. Of course, the successor trustee will need to provide notice to the heirs and provide each of them with a copy of the trust documents, but this is a private matter. The heirs need to be advised who was named as Succesor Trustee and the estate will be handled by this person in accourdance to the decedent's wishes. The Successor Trustee may wait the staturory period of time after providing notice to the heirs or may just begin to collect the assets for administration. There is not a need to publish the Trust in a newspaper or log the Trust with the court. This is generally the most cost effective manner to handle your estate. The key word here is of course "trustee" as in who do you trust to be responsible to distribute your estate? Where such a trusted person exists . . . you may be far better off with a Living Trust coupled with some other documents than just a Last Will and Testament. Sometimes an attorney is named as the Successor Trustee where no one else exists.
THEREFORE, Generally speaking a person is better off with a Trust than a Will and it is highly recomended a Trust be established when a Person owns real property. The ownership interest can pass to the selected beneficiary outside of probate in a very effective riskfree way. After the Trust is carefully drafted, the real property is put into the name of the trust and recorded with the county recorder. The owner is now the Trust! But the transferor is the trustor who generally is also the First Trustee and will retain control over the property. The Trustor/Trustee can be both husband and wife initially with the estate eventually controlled by the Successor Trustee who may be a child or children of the trustor. The word "living" refers to a Trust that may be changed during the life of the trustor(s) while they are in good health . . . So they may sell the property if they wish or change the ultimate beneficiary designations as many times as they wish while they are still in good health.
WARNING: Paralegals are not attorneys. They often will prepare wills or trusts for clients and give the wrong advise or missing information. It is not a good idea to buy a will or trust from a person who says he is an estate planner . . . such as an insurance agent or the like . . . as they will generally charge you as much as an attorney but often are not legally competent to properly prepare the documents or to make certain the documents are fully executed. This includes on line services such as the ones advertised on your friendly radio station or news paper. More times than not you are being cheated.
For real peace of mind you should visit with an Estate Planning Attorney who understands Probate Law and who can properly direct you to the documents you need.
FOR MORE INFORMATION VISIT PRAINITOLAW.COM
OR CALL FRANK J PRAINITO AT 909-884-2191.
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