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What Happens To Debts Of A Deceased Loved One?

What Happens To Debts Of A Deceased Loved One?

What Happens To Debts Of A Deceased Loved One?

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 is which of your loved one’s debts have to be honored and which became irrelevant when your loved one passed.

Are You Responsible For Your Deceased Loved One’s 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 steps 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 the assets your loved one 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

It’s only after these debts are paid in full that credit card debt and personal loans are dealt with.

There are some things that aren’t entered into probate. These are considered “pass outside a will” assets. They include:

  • Life insurance policies
  • Brokerage accounts
  • IRAs
  • 401(k) plan
  • Payable on death accounts

Once all of the outstanding debts are paid off, any financial assets that remain are pooled together and distributed according to your loved one’s wishes.

 

California Probation Violations: Here’s What Happens In California

California Probation Violations: Here’s What Happens In California

California Probation Violations: Here’s What Happens In California

When you’re on probation, the courts will let you know what requirements you have to meet, but no one is going to hold your hand and remind you of those requirements every single day. It’s up to you to remember what you are and aren’t allowed to do. If you violate your probation, no one will be interested in excuses.

The issue of probation violations in California is covered by Penal Code section 1203.3. The code gives the court the option to decide to revoke or modify your probation following a violation.

When your probation officer alerts the court to a violation, you’ll have to appear at a probation revocation hearing.

Probation revocation hearings are different from traditional trials. The prosecution doesn’t have to prove their case “beyond a reasonable doubt.” The only thing the prosecution has to do is prove that the probation violations that have been leveled against you are likely true. You are allowed to have a defense attorney argue your side of the case.

One of the more fascinating aspects of probation revocation hearings is that if the alleged violation took place during an alleged crime, you can actually be acquitted of the crime but still be found guilty of the violation, which could result in your probation getting revoked. The reason is that even if you didn’t commit the actual crime, you placed yourself in a situation where you could have done something illegal which is a violation of your probation.

You should get a letter that notifies you of the time and place that the probation revocation hearing will take place. The letter should also provide some insight into what you allegedly did to violate your probation in California.

The exact consequences of your probation violation will depend on how severe the violation was. In extreme cases, the judge will decide to completely revoke your current probation and decide that you should serve the maximum sentence for the crime you committed. In some situations, this can result in your spending years in prison.

Another judge might decide that you shouldn’t be sent to prison for the violation. Instead, they will extend the amount of time you have to remain on probation. Once again, this could mean spending years dealing with strict rules and a probation officer before you finally regain your complete freedom.

If the violation involved using substances, drinking alcohol, or getting into a fight, there’s a good chance that the judge will require that you enroll in a counseling program.

When it comes to minor violations, some judges opt to either add some additional terms to the current probation. Another option for mild probation violations is requiring that you do some sort of community service.

When all is said and done, it’s best to stay on the straight and narrow path and obey all the rules while you’re on probation.

 

Distracted Driving In 2021

Distracted Driving In 2021

Distracted Driving In 2021

Most of us are familiar with drunk driving and know that it’s something we should avoid. Few of us know about distracted driving. Distracted driving is exactly what it sounds like. If you’re ticketed for distracted driving, it means that rather than paying attention to the road, the bulk of your attention was focused on something else.

Most distracted driving tickets are issued because the driver was using their cell phone while driving, but you can be ticketed for getting in an argument with your passengers, trying to set your navigation system while your vehicle is in motion, or even trying to mop up coffee that you’ve spilled all over yourself.

Distracted driving became a thing when manufacturers started installing radios in cars and people started getting into accidents because they were changing the station rather than watching the road. Today, cell phones are the biggest source of distracted driving. Stats indicate that sending a short text while you’re behind the wheel means your 23 times more likely to get into an accident. Many of these distracted driving accidents end with someone getting hurt.

California drivers have been getting distracted driving tickets for several years, but now that 2021 has begun, those tickets are a much bigger issue.

California law refers to distracted driving as “anything that takes your eyes or mind off the road or hands off the steering wheel – especially when texting or using your phone.”

The tweaks made to the distracted driving law in 2021 focus exclusively on anyone who is using their cell phone while they are behind the wheel.

The first time you’re caught using a cell phone while driving, you’ll be issued a ticket for $162. Any distracted driving tickets you collect after that first one will cost a whopping $285. If you get two or more tickets that are connected to using a cell phone while driving, the state will add a point to your license. Too many points and the state could suspend your driver’s license.

If you’re in an accident or cause a moving violation while you’re driving, the police officer will likely write additional tickets. When all is said and done, deciding to answer a text message while you’re behind the wheel could destroy several months of careful budgeting.

At this point, you will only receive a distracted driving ticket if you are using your hands to operate your cell phone. Hands-free phone operation is still allowed.

Tougher distracted driving penalties are just one of the changes drivers will encounter during 2021.

 

Elder Abuse In California

Elder Abuse In California

Elder Abuse In California

Society dictates that we take care of our elders. The idea is that they cared for us when we were too young to fend for ourselves, and now it’s our turn to return the favor. The problem is that some people don’t behave the way that society dictates and commit a crime that’s called elder abuse.

California’s elder abuse laws are designed to protect state residents that have passed their 65th birthday. Most victims are older and no longer able to completely care for themselves.

Elder abuse in California includes:

  • Emotional abuse
  • Financial abuse
  • Physical abuse
  • Neglect

Elder abuse in California is one of the state’s famous wobbler laws. This means that you could be charged with a misdemeanor or a felony. The decision isn’t based on whether the DA is having a bad day, but rather a specific set of criteria.

Elder abuse in California is covered by Penal Code section 368(c). The law is written in such a way that prosecutors have 12 months to investigate an alleged instance of elder abuse before they either have to let the case go or file charges. Anyone responsible for caring for an elderly patient/relative can be charged with misdemeanor elder abuse in California.

If you’re convicted of misdemeanor elder abuse, you could be sentenced to a full year in jail.

The rules change in cases of felony elder abuse. One of the big changes is that prosecutors have more time to determine if they should file charges. They aren’t hampered by the one-year time limit. While the prosecutor gets more time to file charges against you, they also have to build a much stronger case.

To convict you with felony elder abuse, the DA has to prove that someone in your care experienced great bodily harm. In most cases, the abuse takes place over a long time, but it can also be a single incident, such as pushing the elderly person you were caring for down a flight of stairs.

If you’re found guilty of felony elder abuse, you could spend the next four years in a state prison and also have to pay a substantial amount of fines.

It’s worth noting that there are circumstances that can trigger an even more severe punishment for elder abuse. In these cases, the age of the victim is an important factor. In a felony elder abuse case that involves a person who is older than 70, the judge can add an additional four years to your sentence. If a 70-year-old senior citizen dies as a result of the abuse you inflicted upon them, an additional seven years can be added to your sentence.

 

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

Figuring Out How Stimulus Checks Impact Your 2020 Tax Returns

2020 has finally ended which means we now have to think about our 2020 taxes. The issue is complicated by the fact that many of us received a COVID-19 stimulus check during 2020 and now have to figure out how that impacts our federal tax situation.

The Stimulus Isn’t An Income

The biggest concern most of us have is whether the stimulus check counts as income. In some of our cases, that simple check is enough to change our tax bracket and can seriously impact how much we owe the IRS.

According to Kathy Pickering, chief tax officer at H&R Block, you don’t have to worry about how the stimulus check will impact your income because it doesn’t count as income. That’s a relief for many people who are already struggling to pay their bills and simply can’t afford any more financial blows.

What If You Didn’t Get A Stimulus Check?

Where the stimulus check will come into play is if you didn’t get one or if you got one but it was for less than what you were entitled to. There are many reasons this may have happened including having a child in 2020, experiencing an economic setback, the IRS didn’t have the correct information on file. When you file your tax return, the IRS will become aware of the issue. They won’t send you a separate check, but they will add the missing amount to your tax refund.

Seek Professional Assistance

If you didn’t get a stimulus check, it’s in your best interest to hire a professional tax preparer who will go over your return and make sure everything is correct and that it’s very clear that the IRS still owes you a stimulus check. Utilizing a professional tax expert spares you from potentially making a mistake on your tax return which could cost you thousands.

File Early And Be Patient

Don’t expect this tax season to be just like the ones before it. The IRS is backlogged and has already pushed the filing start date back by two weeks. You can’t submit your 2020 tax return until February 12. The IRS has said that while it might take them a little longer than normal to process the return, they still hope to have the refunds sent within 21 days of you filing your return.

Things that will shorten the amount of time it takes to get your tax return include filing electronically and accepting direct deposits.

 

California Vehicle Exhaust Noise Laws

California Vehicle Exhaust Noise Laws

California Vehicle Exhaust Noise Laws

When it comes to noisy cars people always have one of two opinions: they either think the deep rumble sounds awesome or they think it is the most obnoxious and irritating thing they’ve heard all day. Many feel that a car with either a broken or modified exhaust is a major nuisance and disruption. To simplify the matter, California’s lawmakers created exhaust noise laws. These set a very strict limit on the amount of noise your vehicle can legally make as you drive it down the road.

California’s vehicle exhaust noise laws are addressed in the California Vehicle Codes 27150 – 27153.

California Vehicle Code # 27150 requires that your vehicle have an adequate muffler. This doesn’t just mean that not only does your car has to have muffler, but that it also has to be in good working order. This must be in place when you bring your car in for its registration inspection. The same law states that your vehicle won’t pass its inspection if the muffler or exhaust system has been set up with any type of cutout or bypass.

California Vehicle Code # 27151 prohibits you from making modifications to your exhaust that either directly violate VC 27151 or that raise the decibel level of your vehicle above 88 dbA. If your vehicle weighs less than 6,000 pounds or is a motorcycle, it can’t make noise that exceeds 95 dbA. It’s worth noting that most contemporary vehicles, even the ones that have a nice throaty roar, are designed in such a way that the noise they make doesn’t exceed 75 dbA.

One of the challenges driver’s face is that the way the vehicle codes that deal with excessive noise are written, police officers don’t necessarily know how much noise your exhaust system makes. They can pull you over simply because your vehicle is nosier than the rest of the cars on the road. The current writing of the law allows them to “exercise their own judgment.” There’s a chance that they’ll issue an excessive noise ticket even if your car is within the legal noise limits.

If you’re issued an excessive noise ticket, you’ll have to take your vehicle to a mechanic and have the problem repaired or removed if there’s an illegal modification. The next step is going to the California Referee Center. After looking at both your ticket and your vehicle’s registration the Referee Center will test your exhaust system and determine if it meets the legal requirements. If everything is in order, they’ll issue a Certificate of Compliance which you’ll have to show the traffic court.

The tickets for illegal exhausts and excessive noise vary. For a first offense, the ticket is usually $25 with fees climbing to $193. There have been some instances where the overall cost of the illegal exhaust fines reaching $1,105.

If the police pull you over, it’s possible that they will notice other issues, such as unpaid parking tickets, bench warrants, parole violations, etc. All things considered, it’s in your best interest to keep your car quiet and not attract police attention.

 

See How Expensive Bail Can Get

David Ortiz Bail Bonds In Visalia

David Ortiz Bail Bonds In Visalia

If you ever had to bail yourself or a loved one out of jail, you know how expensive it can be. It can be a few thousand for the less serious crimes, but for more serious crimes and repeat offenders, bail can be tens of thousands or even hundreds of thousands of dollars. For some cases, like big cases you have seen covered by the media, bail can be in the millions! Here are some of those cases you may have heard a little about, but maybe not how expensive bail was:


BERNARD “BERNIE” MADOFF – $10 MILLION
Madoff managed to pay his $10 million bail in 2008; he was arrested for operating a $50 billion Ponzi fraud scheme. A few months later though, his bail was revoked and he was declared a flight risk.

MICHAEL SORODSKY – $33 MILLION
Accused of sexually molesting his sedated cancer patients, Sorodsky’s bail was set at $33 million.

CHRISTOPHER WILLIAMS – $100 MILLION
Williams was accused of second-degree murder, carjacking, and aggravated robbery. His bail was set at $100 million in 2010 by a Tennessee judge.

ROBERT DURST – $3 BILLION
Durst was accused of murdering his elderly neighbor in 2003. His bail was set at $3 billion – $1 billion for a bond jumping charge and $2 billion for tampering with evidence. The bail was eventually lowered in appeals court.


No matter how expensive bail can get, a bail bond can always drastically reduce the amount paid and relieve the defendant and their loved ones of some of the financial stress. Although the bail bond premium, 10% of the full bail amount, is not refunded like cash bail, it does come with a payment plan. For most people, this is the ideal method to posting bail.

Learn about bail bonds by contacting David Ortiz Bail Bonds In Visalia online or at 661-326-0608. Consultation with one of our expert bail agents is FREE. So feel free to ask any bail questions you may have, and they will gladly answer them for you. Inquire about cheap bail bonds and bail bond discount we offer. We are available 24 hours a day, 7 days a week. Call us anytime!

For a FREE consultation or if you have any questions regarding bail bonds, call David Ortiz Bail Bonds In Visalia at 661-326-0608 or Chat With Us now.

Spring Your Loved One Out Of Jail

David Ortiz Bail Bonds In Visalia

David Ortiz Bail Bonds In Visalia

Spring is here, so why don’t you spring your loved one out of jail with a bail bond? Understandably, it takes more time for your loved one to post bail without the help of loved ones. After all, they would have to get all of it organized from within jail, where they have extremely limited access to the outside world. With your help, the bail process can be taken care of much faster and more smoothly.

Although you do not like being thrown into this situation, you have to face reality. You have to take a little extra time out of your personal life for a few hours to handle this. Yes, it is an inconvenience to you, but your loved one is in a much tougher spot and you cannot bear to think about them in jail.


David Ortiz Bail Bonds In Visalia will do everything to make the bail bond process faster and easier. We are available to simplify the bail process by doing the hard work for you, thus reducing your workload.


We just need a little bit of information from you regarding your loved one, and then we will take care of the rest. You will just need to welcome your loved one home.

Let us work together to get your loved one out of jail, so they can experience a beautiful spring, get their life back on track and be in a happier place.

Contact David Ortiz Bail Bonds In Visalia and get your FREE consultation. You can reached us 24/7 both online and at 661-326-0608. Talk to one of our helpful bail agents to get your bail-related questions answered. They will be more than happy to assist you. Don’t forget to inquire about our no down payment bail bonds and bail bond discount we offer to see if you qualify. We are here to genuinely help you. We promise, we won’t let you down.

Consultation at David Ortiz Bail Bonds In Visalia is FREE, so call now at 661-326-0608 or Chat With Us now.

Now Is The Time To Seek Help, To Bail Out Of Jail

David Ortiz Bail Bonds In Visalia

David Ortiz Bail Bonds In Visalia

If there is ever a time to let your guard down, show your vulnerability, and disregard judgment, it is when you need a bail bond to get yourself out of jail. This is not about pride at all; it is about getting through an extremely tough situation with loved ones supporting you along the way. Dealing with an arrest, trial, and navigating through all the in-betweens is not something anyone should have to face alone.

Now Is The Time To Seek Help

With support from your loved ones and assistance from professionals like lawyers and bail agents, your mind will be at more ease. It will make all of this faster, more streamlined, and less stressful. Seek help from those you trust. It is worth it.


One of the first steps you will take will be to bail out of jail, and David Ortiz Bail Bonds In Visalia can help with this part.


A bail bond will cost 10% of your full bail amount, so it is more affordable than 100% bail, but note that this 10% is not refundable.

Learn more about how a bail bond can help you and get a FREE consultation from David Ortiz Bail Bonds In Visalia by speaking with one of our friendly bail agents online or at 661-326-0608. Don’t hesitate to ask any bail-related questions you may have, they can answer them for you. Ask about our zero down bail bonds and bail bond discount we offer. We are always available and ready to help you as soon as you call.

Bail help is only a phone call away at David Ortiz Bail Bonds In Visalia, call 661-326-0608 or Chat With Us now.

Let’s Talk About Sanctuary Cities

David Ortiz Bail Bonds

David Ortiz Bail Bonds

The Trump Presidency has brought fear to undocumented immigrants now more than ever. With such debate, many cities in the U.S. have vowed to protect its immigrants, and these cities have declared themselves “sanctuary cities.”

Sanctuary cities include: San Francisco, Chicago, Seattle, and New York. An unofficial count identifies approximately 300 U.S. cities, towns and counties as sanctuary cities. To protect undocumented immigrants from deportation, they limit cooperation with federal immigration authorities. For example, the authorities may not be allowed to ask a person about their immigration status. These cities will also help undocumented immigrants get education and healthcare.

As much as cities will do what they can to protect undocumented immigrants, there can still be trouble boiling somewhere. If an immigrant is arrested, they still have rights. If you have any concerns, make sure you are up to date on all of your rights.

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