Law Office of Sally Cooperrider

  210 N. 4th Street, Suite 101
San Jose, CA 95112
Phone: (408) 287-7717
Email: sally.cooperrider@sbcglobal.net

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LEGAL MYTH OF THE WEEK (or so) Week Five: I need/don???t need a will

Posted on September 26, 2014 at 7:45 PM Comments comments (6)

Myth – Everyone needs a will

Truth – If you die without a will and you have money or property that doesn’t have beneficiaries and is not in trust, then the property will pass to your next of kin (called intestate succession). In California the priority order for next of kin is:

First your spouse or domestic partner(all of community property and part of separate property), if none then children, if none then grandchildren and other descendants; if no spouse or ...

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LEGAL MYTH OF THE WEEK (or so) Week Four: Probate and Wills

Posted on September 16, 2014 at 3:25 PM Comments comments (0)

Myth – If I have a will, my estate won’t have to go through probate.

 

Truth – A will specifies who will receive your property when you die, and who would be in charge of distributing it (executor). In a will you can also specify guardians of minor children and cremation or burial instructions. It doesn’t affect whether your estate needs to be probated.

 

Probate is necessary if you have money or property when you die that:

...

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LEGAL MYTH OF THE WEEK 3 (What happens if I die without a will

Posted on September 6, 2014 at 8:35 PM Comments comments (0)

LEGAL MYTH OF THE WEEK (or so). Week Three: What happens if I die without a will

 

Myth – If I die without a will my property will revert to the state.

 Truth – The only time that property ends up with the state after a person dies without a will (dies intestate) is if no relatives can be found. The State of California, as well as other states, has a default order of inheritance, called intestate succession, for people that die without a will. The fir...

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LEGAL MYTH OF THE WEEK. Week Two: Canceling California Contracts

Posted on July 31, 2014 at 6:40 PM Comments comments (0)

Myth – If I buy a car but change my mind, I can take it back the next day.

Truth – Most contracts in California are final once they’ve been signed by both parties, particularly if you’ve received something of value (like a car).

There are particular contracts in California that have a cancellation period, such as Credit Repair Services, Dating Services, Funeral contracts, Door to door sales contracts, Internet sales when the order hasn’t been filled ...

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LEGAL MYTH OF THE WEEK. Week One: California Community Property

Posted on July 29, 2014 at 6:40 PM Comments comments (0)

Myth – If I get married, all my money and property will turn into community property.

 

Truth - Whatever interest in property you bring into a marriage remains your separate property, unless your transfer title to your spouse (or anyone else), or if separate funds are so commingled with community funds that the separate funds can’t be traced. (Like my twisty ficus tree below.)

 

New investments during the marriage that are added to separate prope...

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LEGAL MYTH OF THE WEEK. Week One: California Community Property

Posted on July 29, 2014 at 6:40 PM Comments comments (0)

Myth – If I get married, all my money and property will turn into community property.

 

Truth - Whatever interest in property you bring into a marriage remains your separate property, unless your transfer title to your spouse (or anyone else), or if separate funds are so commingled with community funds that the separate funds can’t be traced. (Like my twisty ficus tree below.)

 

New investments during the marriage that are added to separate proper...

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