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California has some of the most beautiful hiking trails in the world. The summertime provides you with the perfect excuse to hit those trails and enjoy some high-quality hikes. Before you do, make sure you take a few minutes to consider your safety. Be Realistic About...

30 June, 2021 /
what-happens-to-debts-of-a-deceased-person Nothing about the death of a loved one is easy. Not only do you have to deal with your grief and sense of loss, but it also won’t be long before you find yourself trying to straighten out their finances and learning what debts they still owe. Figuring out the finances and making sure all outstanding debts are paid is stressful, time-consuming, and confusing. The first thing you need to figure out which of your loved one's debts have to be honored and which became irrelevant when your loved one passed.

Are You Responsible for the Debts?

While very few debts simply disappear when a loved one has passed, it’s unlikely that you’ll have to dip into your own bank account to pay them off. The only time you’ll have to dip into your own money is when you co-signed on a loan with the loved one. The money from any outstanding debts your loved left behind comes out of their estate. Shortly after your loved one’s passing, public notices are issued. At this point, any creditors you’re loved one owed money to will have to contact you or the lawyer you’re using and alert you to the amount of the debt that’s still owed.

The Estate Enters Probate

Many people mistakenly assume that they’ll collect their inheritance within days of their loved one’s passing. That’s never the case. When you’re loved one passes, everything is put into probate. At this point, the person who has been assigned to act as executor of the will step in and starts managing the estate. If you’re the executor it’s in your best interest to obtain the help of an experienced probate lawyer. The first thing that happens is that all of your loved one's assetsthey acquired during their life are collected and valued. In this situation, the only assets that matter are the ones that have monetary value, such as houses, vehicles, investments, jewelry, life insurance policies, and bank accounts. Trinkets and non-valuable belongings can be distributed according to the will. If there’s not a will, the items can simply be divided between family members and friends. The executor of the will (or the probate lawyer you’ve enlisted) contacts all of the creditors who are still owed money. The creditors have a time frame during which they are allowed to file a claim. If the claim is valid, the debt is paid via actual cash your loved one left or via the liquidation of their assets. Ideally, there will be enough money to pay off all debts. If there isn’t, high priority debts are the first to be paid. Examples of high priority debts include:
  • Mortgages
  • Bank loans
  • Student loans
  • Funeral expenses
  • Medical expenses
  • Unpaid taxes
25 January, 2021 /
can-you-leave-the-scene-of-an-accident You’ve just been involved in an accident. As far as you can tell, it’s not a big deal. You barely bumped the other car’s back bumper. There can’t possibly be any damage to their car so surely it’s perfectly acceptable for you to simply drive around their car and get on with your day. Wrong. Leaving the scene of an accident is a very bad move that can land you in serious legal trouble. As soon as you decide to leave the scene of an accident, you’re considered a hit and run driver. California lawmakers have little patience for hit and run drivers. It doesn’t matter how severe or minor the accident is, if you were involved, you’re legally required to stop your vehicle, survey the damage, and exchange name, contact information, and insurance information with the other driver. In most cases, it’s in your best interest to have the police investigate the accident. If you and the other driver decide that the accident doesn’t justify a police investigation, you’re still required to report the accident. You have 24 hours to notify the police. If the accident involved someone getting hurt, you’re expected to provide assistance with the injury.

But What if You Weren’t at Fault?

Most people don’t realize that even if you’re not at fault for the accident, you can still be charged for a hit and run if you flee the scene of the accident. California law requires that all drivers involved in the accident remain on the scene.

What Happens if You’re Found Guilty of Hit and Run

Hit and Run accidents are one of California’s many wobbler laws. If the accident only involved property damage, you’ll be charged with a misdemeanor. If someone was killed or sustained an injury that required medical attention, you’ll be charged with felony hit and run driving. The penalties for misdemeanor hit and run include:
  • Up to 180 days in a county jail
  • Up to $1,000 in fines
  • 3-years informal probation
  • Restitution
  • A 1-year suspension of your driver’s license
  • 2 points added to your driving record
01 October, 2020 /
california-lemon-laws-for-dogs When you bring a dog into your family, you assume that you’re getting a healthy animal who will be a buddy and best friend for several years. Unfortunately, sometimes things don’t work out the way you hope. Instead of a pet who will go on hikes and give you comfort, your new dog develops health problems that ruin your financial stability. If you find yourself in this situation, you might want to look into California’s dog lemon laws. California is one of 22 states that currently have lemon laws in place that are designed to protect pet owners. They are surprisingly similar to vehicular lemon laws.

What are California’s Lemon Dog Laws?

The purpose of California’s lemon dog laws is to protect you from the financial headaches that go hand in hand with inadvertently acquiring a dog that has health problems. The lemon dog law says that you can reasonably expect the dog to be healthy and free of illness and disease for the first fifteen days they live in your home. In order to take advantage of this law, you have to obtain written certification from your veterinarian that the dog developed some type of illness that had previously existed in the dog prior to you acquire it. It could also apply if the seller lied about vaccinating the dog prior to you taking possession of the animal. The second aspect of California’s lemon dog law deals with congenital and hereditary problems. If the dog develops a health problem that makes it impossible for you to use the dog in the way you intended or means taking on veterinary bills you didn’t anticipate, you have the ability to contact the breeder and discuss reimbursement. These health problems have to appear within the first year of the dog’s life. If the dog passes away as a result of congenital or hereditary health problems during the first year of its life, you are also protected by California’s lemon dog laws.

The Seller’s Responsibility Under the Lemon Dog Laws

The purpose of California’s lemon dog laws is to encourage breeders to breed responsibly. The hope is that the laws will encourage breeders to get a full genetic workup on their breeding dogs prior to mating them. It also encourages sellers to disclose known health problems in all sales contracts.
  • If your dog develops health problems that are covered by California’s lemon dog laws, the seller has a few choices.
  • They can reimburse your vet bills that are related to the health issue until that amount matches the purchase price of the dog
  • They can offer a replacement puppy
28 September, 2020 /
false-allegations-of-child-abuse-in-california Child abuse laws are designed to protect children from being hurt. They’re good laws that make a lot of sense. Unfortunately, they are also laws that can be used against people, particularly parents who are engaged in a child custody dispute. It’s not unheard of for one parent to accuse the other parent of child abuse in order to obtain full custody of the children. It’s an accusation that can deal a lasting blow to both sides. While there have been instances of men lodging false child abuse claims against women, it’s far more common for a woman to falsely accuse a man of child abuse. Data collected by the Stop Abusive and Violent Environments (SAVE) indicates that 85% of all child abuse protective orders are filed by men and issued against men. One lawyer estimates that approximately 90% of those that are filed during a divorce and that mention child abuse are a tactical move to gain custody of the children. California’s family court judges are legally obligated to take all child abuse accusations seriously. The last thing anyone wants is for a child to be hurt because the court failed to act. As soon as one parent accuses the other of child abuse, the court will take action, usually siding with the parent who made the accusation. If you are the one accused of abusing children, you shouldn’t assume that you’re promptly out of luck. You do have to be willing to take a defensive stance. It’s in your best interest to demand that the court investigate the accusations. Be prepared for this to involve an in-depth and invasive investigation into your background. Court-appointed experts will interview several people which can include:
  • Your children
  • Family
  • Friendly
  • Doctors
  • Teachers
28 September, 2020 /