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.
Monday, December 14, 2009
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.
Wednesday, May 6, 2009
CHILD SUPPORT MODIFICATIONS IN BAD TIMES
In these hard economic times it is sometimes hard to make ends meet on stale support orders leaving the custodial parent struggling to provide for the children and themselves. Both parents have a legal obligation to support their children but sometimes the non-custodial parent just doesn't care or forgets he has an obligation. The legal system allows us several remedies in forcing the other parent to pay what the legislatures have provided as guideline support. The easiest way is to reach an agreement. A stipulation to upward modify a support order can be submitted to the court and made a new order . . . followed by a new wage assignment. If this is not possible then you must take the matter before the courts and request a new court order. An attorney can be very helpful in cases like these in compelling the other party to provide copies of their most recent tax returns, pay check stubs, bank accounts, credit applications, and all other like documents to prove actual income. The Law Offices of Frank J Prainito has over 15 years experience in getting the job done right the first time and quickly so you will not be facing months of delay before money begins coming in.
Call us at 909-884-2191
Bring in your case file for review and Attorney Prainito will run Guideline Numbers for your New Orders.
Call us at 909-884-2191
Bring in your case file for review and Attorney Prainito will run Guideline Numbers for your New Orders.
Monday, April 20, 2009
SPOUSAL SUPPORT ATTORNEY
Family Law Attorney's should know initial spousal support will be granted upon a showing of need by the moving party. The court will consider each parties income and expenses together with an explanation as to why spousal support is needed at this time. The court's have a wide discretion in setting an amount for support and the duration of support. In awarding long term spousal support the court must base its decision on the "standard of living" established during the time of marriage under Family Law Code Section 4320 where the marital standard of living is to be weighed under the circumstances set forward in that code section. A key factor is the earning capacity of each party. Is the capacity sufficient to maintain the standard of living? And the court must take into account the other factors: marketable skills, future earning ability, the extent to which the party wanting support contributed to the other parties education . . . the ability of the better earner to support the other spouse. The needs of each party and the obligations of each AND the DURATION OF THE MARRIAGE. Is this marriage over 10 years or a shorter term? If less than 10 years there is a presumption that support should be no longer than one half the length of the marriage. ALSO a Conviction of Domestic Violence can be a factor to consider: IF there was within 5 years there is a presumption an award of temporary spousal support or permanent spousal support should be made.
Need an opinion? You may call 909-884-2191 the Law Offices of Frank J. Prainito for a consultation. See us at prainitolaw.com.
SAN BERNARDINO DIVORCE ATTORNEY
Need an opinion? You may call 909-884-2191 the Law Offices of Frank J. Prainito for a consultation. See us at prainitolaw.com.
SAN BERNARDINO DIVORCE ATTORNEY
Monday, March 16, 2009
CHILD CUSTODY
Sole physical custody mean that the child will reside with, and under the supervision of, ONE PARENT, subject to the court's power to order visitation. This is not the order you wish to receive. It is given many times where there was NO DETRIMENT shown and the order should have read JOINT PHYSICAL CUSTODY.
Joint physical custody means that each parent will have significant periods of physical custody with the child regardless if one parent has visitation or not. It is during the visitation time that that parent actually has physical custody.
If this is not what was ordered you have to ask why ?
If you have any questions, please feel free to call me at 909-884-2191.
LAW OFFICES OF FRANK J PRAINITO
Joint physical custody means that each parent will have significant periods of physical custody with the child regardless if one parent has visitation or not. It is during the visitation time that that parent actually has physical custody.
If this is not what was ordered you have to ask why ?
If you have any questions, please feel free to call me at 909-884-2191.
LAW OFFICES OF FRANK J PRAINITO
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