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April 28, 2008

Working for Paralegals in California

Currently does not exist any licensing or certification requirements for paralegals in Califronia. Still, if you want to stand out from other applicants for a job, you should consider seeking one of the following voluntary certifications: Certified Legal Assistant (CLA) or Registered Paralegal (RP).

In order to become a Certified Legal Assistant (CLA), most Californians choose to take the CLA exam. Prior to attaining the CLA title, you should: secure the standards of the National Association of Legal Assistants, and take and pass a two day Certifying Board of Legal Assistance exam.

It is necessary of an aspiring RP to take the PACE written by the NFPA. In order to renew your certification, you must finish 50 hours of approved continuing legal education credits within a five year period.

You can become certified as a California Advance Specialist (CAS) Becoming a Registered Paralegal (RP) In order to be known as a Registered Paralegal (RP), individuals must write and pass a test developed by the National Federation of Paralegal Associations (NFPA) known as the Paralegal Advanced Competency Exam (PACE).

Certification must be renewed every two years by showing proof of completion of 12 hours of approved continuing legal education credits within this time period.

Filed under: Education Online, World Of Lawyers — Admin @ 11:33 am

April 4, 2008

Terminating the Revocable Living Trust… Avoiding Probate after Death

Most of our attention is spent focused on the creation and maintenance of our revocable living trust.

But what happens after we die? How does the trust carry out its terms and end?

Basically, the process of terminating a revocable living trust upon a death is the reverse of the creation of the revocable living trust.

First, the trustee will collect and value the assets held in the trust (or put into the trust after the death occurs, such as life insurance).

This is called the “inventory and appraisement.” This is done to determine if an estate tax is due. It is also done to make sure all assets have been located and all bills (creditor’s claims) have been paid.

While this is happening, the trustee will also send notice of the death to the beneficiaries and to potential creditors (medical providers, funeral homes, etc.). This starts a statutory time period that creditors can make claim against the trust for payment.

After the inventory and appraisement is complete, the trustee will determine if an estate tax is due and payable. If so, the necessary forms will be prepared, filed, and the tax paid.

Once the creditors claim period has expired and the estate tax return has been accepted, then the trustee is ready to make distribution according to the directions contained in the revocable living trust.

The whole process of winding up and terminating a revocable living trust is very similar to the probate process. The main difference is that the trust administration is handled privately by the trustee, while the probate administration is done under the supervision of the probate court.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig is a licensed attorney and entreprenuer.
He started practicing law at age 25 in 1979.
He does not take on any more clients, but is
advisor to some of the biggest names in the internet
world. He shares his knowledge gained over the
last 25 years at his Living Trust Secrets newsletter site:
click here=========>http://www.LivingTrustSecrets.com

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Filed under: World Of Lawyers — Admin @ 8:58 am

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