Holographic Wills in California

What's a holographic will? It's a will that's entirely handwritten, signed, and dated by the testator (the testator is the one who makes or has made a will or the one who dies leaving a will).  There can be no typewritten or pre-printed portions. Such wills are valid in California as long as they meet the requirements listed in California Probate Code Section 6111. Holographic wills must include a complete distribution of assets. Sound simple? Here are some pitfalls:

  • Available tax credits may be overlooked by the testator;
  • The will may be incomplete or have an incorrect disposition of assets. Assets not included in the will may be distributed according to state law;
  • The testator must have testamentary capacity when writing the will;
  • The will may be ambiguous. Although the intended meaning may have been clear to the testator, those reading the will may be confused as to its meaning and the testator's intentions.

Need a lawyer to help prepare for the "unknowns" in life? Contact the Santa Barbara County Bar Association.

“Informed Voters – Fair Judges” Project

Fair and impartial courts are critical to our democracy, and to ensuring equal justice for all. As special interest groups attempt to impose their influence on the courts, it is critical that our nation’s voters are better informed about the importance of an independent judiciary. The National Association of Women Judges (NAWJ) has developed the “Informed Voters – Fair Judges” project to increase public awareness about the judicial system and to provide voters with the tools needed to make informed choices when voting on issues concerning our court system. The NAWJ public service announcement may be viewed here: http://youtu.be/aTeFLkueTkQ.

How to Find the Right Lawyer or Legal Help

Call a local State Bar-certified Lawyer Referral Service.

     You can receive a recommendation from a reliable source by seeking a referral from a Lawyer Referral Service. You can call a referral service and explain your matter, after which the referral staff will determine the most appropriate resource or match you with a lawyer who is experienced in the appropriate area of law that you need. This method of finding a lawyer has the advantage of obtaining someone who has experience in the field that relates to your case. The other advantage of calling a lawyer referral service is that it can be determined if you do in fact have a legal issue which requires a lawyer or if you need some other type of assistance.

 

To find a lawyer in Santa Barbara County, contact the Santa Barbara Lawyer Referral Service at (805) 569-9400, a non-profit service of the Santa Barbara County Bar Association.  

 

Find Free Legal Aid and Assistance:

     If you do have a case that requires a lawyer, but you cannot afford one, the next option is to contact your local legal aid office. These types of organizations can provide you with free or pro bono legal assistance if you are of low-income. They provide assistance if you qualify in particular areas of law.

 

To find the free legal aid near you, contact your local county bar association or referral service.

 

You may also want to contact the California Rural Legal Assistance in Santa Barbara or Santa Maria. This organization is a civil public interest law firm that helps the poor in the areas of health, housing, education, government benefits, employment and individual rights. CRLA offers a variety of services and programs to low-income communities in California.

 

Contact the California Rural Legal Assistance in Santa Barbara at 805-963-5982 or in Santa Maria  at 805-922-4563

Divorce Overview

If you are seeking a divorce, you may not know where to start, or you may feel overwhelmed by the process. A great way to start is to visit the California Courts’s website which can provide you with the forms you need.

 

While do-it-yourself divorces may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. There are many forms to fill out and the process can be very overwhelming. If your situation has issues or problems making the divorce hard to cope with, hiring an attorney is the best option.

 

Besides dealing with complicated issues, there are other reasons why hiring an attorney might be best. They can give you expert advice on dealing with your divorce as well as make for a clear and binding agreement between you and your spouse.

 

Some frequent issues to consider in a divorce matter include:

 

Property Division: Does the house have to be sold? How will the proceeds be divided? Who will live there temporarily or permanently? Who will need to pay the mortgage?

This division applies to other real property investments such as rental properties, vacation homes as well as other assets such as pension/retirement accounts, jewelry, boats, furniture, and debts including loans and credit cards.

Custody: Who will have physical, legal, sole or joint custody of minor children? Who will have the ultimate decision-making control on major issues? Are there issues in which there can be mutual agreement?

The four main types of custody are as follows:
 

          Legal: Major decisions regarding medical, educational and religious issues fall under legal custody. Examples include school choice, location of residence medical treatments, religious beliefs and church attendance. Parents with legal custody may have sole or joint legal custody.             

 

          Physical: Physical custody refers to where the child lives. This type of custody has more to do with where the child technically spends his or her time and takes residence, as opposed to which parent makes legal decisions on the child's behalf. Parents with physical custody may also have sole or joint physical custody.

 

          Sole: One parent is responsible for making all decisions regarding the child without needing input from the other parent. Parents can either have sole legal custody, sole physical custody or both in this case.

 

          Joint:This type of custody is granted equally to both spouses. It can take the form of joint legal custody, joint physical custody or both. Both parents have the authority to make major decisions regarding their child. Children in a joint physical custody arrangement have two residences and spend an equal amount of time with each parent. In some situations, the time spend with each parent will vary.

 

Visitation /Parenting Plan: How will visitation by the non-custodial parent be carried out? What about during the weekdays, weekends, school years, summer vacations, holidays, and birthdays? How can the parenting time be shared so each parent has time with the child?

 

Are you seeking a qualified family law attorney? Call the Santa Barbara County Bar Association’s Lawyer Referral Service to find the right lawyer to help. (805) 565-9400

 

Stress Relief for Lawyers

10 Stress-Coping Techniques for Lawyers:

 

1. Adequate rest: Many of us practice sleep deprivation even though sleep is vital for the restoration of the body and mind. Lack of sleep promotes irritability and reduced cognitive function. Do you get 7-8 hours of sleep at night? Do you take naps? Both are necessary in order to feel refreshed , and of course, as we age, a nap during the day may be of benefit, even if it means slightly fewer billable minutes. 

2. Exercise consistently: Research indicates a positive association between exercise and the improvement of symptoms of depression and anxiety.  Exercise promotes self-esteem and contributes to better overall health, both of which foster resiliency and peace of mind in the face of stressful events.    

3. Social support: Friends, family, colleagues and intimate partners can be an important source of support; a necessary coping resource.  They can help us view a situation differently, determine alternatives, solve problems, lend tangible assistance and provide emotional support. Social support has even been demonstrated to reduce the body’s physiological response to stressful events. 

4. Get involved: Activities can be a necessary distraction from day-to-day hassles, as well as serious stressful events. When was the last time you read a book? Trivial reads or activity are good distractions. By occasionally getting lost in these activities or diversions, we remind ourselves that there is more to life than work. 

5. Vacations: Vacations or occasional days off recharge our batteries and avoid burnout. Take personal responsibility for taking the vacation time you are entitled to and leave the cell phone and laptop at home. If possible, plan vacations well in advance and schedule work around them. 

6. Gain control: Where possible, take steps to gain a tangible sense of control over your environment.  However, keep in mind that despite our best efforts, certain events will be remain beyond our control. Focus only on those aspects of the situation that you can reasonably expect to influence. Remember, you can control your own thoughts and direct your perception of events and situations. 
7. Use problem-focused coping strategies: Use problem-focused coping (e.g., talk openly about a problem, politely but firmly confronting a problem client, make a “to-do” list and check off items) as opposed to allowing emotions to run wild (blaming others or yourself, ruminating about the problem without doing anything).

8. Practice flexibility: Look at the big picture, beyond your initial impression of a stressful event. Reframe it in another light—is there an upside you’ve overlooked? (e.g. “we lost the demanding client, but that’s one less headache to deal with”). Try alternative strategies. Flexibility will enable you to meet the shifting demands of your environment.              

9. Manage workload: Remember you don’t have to do everything yourself.  Hire competent people and give them plenty of responsibility. Schedule projects, when possible, to avoid working extended hours. And remember, there's a time and place for small talk.  

10. Create short-term goals: To stay motivated, set a series of small goals, in addition to a few larger, long-term aspirations. The completion of each small task promotes a sense of accomplishment, diminishes worries about  workload and will inspire you to pursue further objectives.