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Watch Carina de la Torre explain probate alternatives on YouTube. Should I avoid probate? This is really a client specific question. We don't take the approach that everyone needs to avoid probate. Instead, we take the approach of educating our clients. We teach them what probate is, what are the good things and the not so good things about probate? And let the client decide what is the best way forward. Probate is a court proceeding, so that means that everything that happe

Watch Carina de la Torre explain the difference between a will and a trust on YouTube. What is a will vs a trust? I think of the trust as a will substitute. A will says who gets what under what circumstances and who is in charge of making that happen. A trust does the same thing, but goes about it in a little different way. The critical difference between a will and a trust is when they become effective. A trust is effective on the day that you sign it. A will is not effectiv

Watch Carina de la Torre explain the estate planning process and what to expect on YouTube. How long does estate planning take? The estate planning process at our office will usually take between six to eight weeks. However, if you are expecting a baby, or if you going to be traveling internationally, we have ways to expedite that process for you. At our first appointment, you'll get to know us. We'll get to know you. We'll answer all of your questions, and we'll review the t

Watch Carina de la Torre explain estate planning costs on YouTube. How much does an estate plan cost? This can really vary from attorney to attorney. Estate planning is one of those areas where you truly get what you pay for. An online DIY estate plan can cost as little as $20, but it can create a lot of headaches and heartaches for the people you love. You want to work with an attorney who drafts high-quality legal documents and considers your family, your assets, and your o

Watch Carina de la Torre discuss DIY estate planning risks on YouTube. Should I DIY my estate plan? Why shouldn't you do the estate plan yourself? In doing this full time, after working with many, many families, there's an important thing to consider, the unknown unknowns. These are the questions that you don't know to even ask, and if you don't know that they're out there, how can you create an estate plan that will answer it? That's actually the feedback we get most often f

Watch Carina de la Torre Discuss The 3 Biggest Myths About Estate Planning on YouTube. What are the three biggest myths about estate planning? In the time that I've been practicing law, I have found three main myths to estate planning. First, that all you need is a will, and if you've done a will, you're good. In fact, a will does not protect you during your life. A will only passes things after you've died, so if you are incapacitated or disabled in some way, a will doesn't

Watch Carina de la Torre explain what happens to your estate plan if you move to a new state on YouTube. What if I move? Let's say you've done your estate plan. You have everything in place, everything signed and notarized, and then you move. What do you do? Then the good news is that documents that we've helped you sign, witness and notarize are going to be good in any state. In the United States, you can travel, you can move, and these documents will continue to protect you

Watch Adriana de la Torre Discuss the Cost of a Federal Social Security Appeal on YouTube How much does a federal Social Security appeal cost? In most cases, filing a federal Social Security appeal does not require a filing fee at the Social Security level. If you previously went through the disability application and administrative appeal process, those stages also do not require payment to Social Security to file. However, once a case moves into federal court, the process c

Watch Adriana de la Torre explain attorney fees in a federal Social Security appeal on YouTube. How will my attorney get paid? One great feature of this type of federal appeal is that there's nothing that you pay out of pocket for your attorney. Our office will only get paid if we're successful in your appeal. If we are, the court may approve us our attorney fee, this would be paid from the general litigation fund. This is money that Congress sets aside to pay attorneys who s

Watch Adriana de la Torre Discuss Social Security Applications During a Federal Appeal on YouTube Can I also file a new application? Yes, while you're filing a federal action, you can file a new application. A new application will cover a time period after the ALJs decision. The federal action seeks to keep the previous application alive, so there are two independent time periods. If the federal court finds that Social Security made an erroneous decision in your case, and you

Watch Adriana de la Torre discuss filing a plaintiff’s brief on YouTube. Filing Plaintiff’s Brief Hi, we're happy to be representing you in your federal appeal. Today, we filed plaintiff's brief. This is a lengthy document where we identify all the errors in the judge's decision. We identify the evidence that Social Security had and why you should have been found disabled. Next Social Security's attorneys will file their brief. Don't be worried. They have to do this, but that

Watch Adriana de la Torre Explain How to Start a Federal Appeal by Filing the Complaint on YouTube. Starting Your Federal Appeal Hi, we are so happy to be representing you in your federal appeal. Today, we took the first step. We filed the complaint. This alerts Social Security to know that we're challenging the Al jaze decision. The agency will now have 60 days to file the transcript. This is going to be all the documents that were submitted in your case, it will also includ

Watch Adriana de la Torre discuss how her office supports you through your federal appeal on YouTube. Welcome to Our Office Hi, we're very happy that you selected our office to help you with your federal appeal. Our team is here for you every step of the way. We will take care of all the documents and keep you updated as your case progresses. We'll be working hard to make sure that we present your case to the judge, as best we can, we're so happy to be working with you, and w

Watch Adriana de la Torre Speak About Federal Probate Appeals on YouTube Can I submit new evidence treatment? No, generally new evidence cannot be submitted as part of the federal appeal. The Federal appeal is based on what the ALJ had at the time of the decision. The court will be looking at the transcript that Social Security files that will have what the agency had, what the judge said, and then we'll determine whether that's right or wrong. Thus, a federal appeal is limit

Watch Adriana de la Torre explain what to expect during your federal court case for Social Security on YouTube. Who will hear my case? Generally, there's more than one district court per state. The district court assigned to your case will depend on where you live at the time of filing, where your city and state is. There are several judges in district court, and your case will be assigned to the judges on rotation you.

Watch Adriana de la Torre Speak About Federal Court Hearings on YouTube Do I have to appear before the federal judge? In most Social Security disability cases that proceed to federal court, you do not have to appear before the judge at any point. Unlike earlier stages of the disability process—such as hearings before an Administrative Law Judge—federal court appeals are handled differently. How federal Social Security appeals work A federal court appeal is not a new hearing a

Watch Adriana de la Torre explain what happens after filing a reply brief in your case on YouTube. What Happens After Filing a Reply Brief? Hi, today, we filed the reply brief in this document. We reaffirmed all the reasons why we think that the judge got it wrong. Now the court has everything they need in order to decide your case. It is hard to predict how long it will take. Sometimes it takes three months. Sometimes it can take up to a year. I want to make sure that during

Watch Adriana de la Torre explain a disability case victory and what it means for your new Social Security hearing on YouTube. Victory in Disability Case! We did it! I am so thrilled to tell you that today we got notification that we won the case. The Federal Court agreed with us. They found that Social Security got it wrong, and you're going to get a new hearing. You're going to get an opportunity to prove disability all over again. This is going to be the best chance you ha

Are trusts only for the rich? You've probably heard that trusts are only for people who are rich or for people who have achieved a...

Watch Carina de la Torre explain what probate is and how the probate court system works on YouTube. What is probate? Probate is a court system. Every state has its own version. It's a set of rules that are followed for people who don't have estate plans or for people who have incomplete estate plans, the probate system will gather assets, identify beneficiaries, deal with creditor claims, and ultimately pass anything that's left to the beneficiaries. I describe probate as a w