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Where can I get a revocable living trust?

January 30th, 2012 shearie Posted in Last Will and Testaments 1 Comment »

Question by : Where can I get a revocable living trust?
I’m looking into estate planning. I have a last will and testament but my wife and I would prefer to do a revocable living trust. Is this something that we need a lawyer for?

The reason I ask is that we were referred to a site by friends last year. They downloaded the forms, filled them in and that was it, at least that is what they said.

We aren’t sure if that would work for us since we have property in different states. Maybe we can use one joint living trust and put all of our real estate into it. Where can we get more information and is there a good source for a revocable trust online?

Best answer:

Answer by Verified
You don’t need a lawyer for a RLT. There are multiple companies on the www that provide them but you really need to get a reputable company.

There is a lot of information on NUPP Legal about RLTs and we refer people to them because they have been around for about 10 years or more. My first experience with them was a referral from my lawyer for a power of attorney. A few business associates use them for last will and testaments and forming a limited liability company.

I just went to the site and they have the forms for revocable living trusts too. You need to scroll down the page to see the listings of states. Here’s the page:

http://www.nupplegal.com/living-trusts.html

Another good thing about them is that you get to save the forms to your computer so you can use them all you want instead of having just 30 days and then repaying.

You, specifically, will need to file a deed for each property you want to put into the trust. Since they are in different states you will need a different deed for each as deeds vary in each state. The deed for transferring real estate into a RLT has to be one that does not trigger a “due on sale” clause if you still have a mortgage on the property. The site I mentioned also has deeds just for such a transfer. Actually, there is a bundle called a living trust toolbox for each state that has deeds and other forms. Looks like the deeds in the bundle are just for the state you order but you can also get the deeds for the other states separately. Here:

http://www.nupplegal.com/warrantydeed.html

You can jump around on that site and get answers to just about everything you need to know about living trusts. For instance, there are some things you can’t put into a RLT. I ran into that one by clicking the links in their sidebar. This may be of interest to you also:

http://www.nupplegal.com/living-trust/revocable-living-trust/transfer-assets-living-trust.html

Went to legal zoom and they are a lot more expensive and you only get the trust form, no deeds.

Besides, you will also need a pour-over Will to go with the RLT. That comes in the bundle at NUPP Legal also. Pour-over Wills pay off your expenses and then dump (pour) the rest back into your revocable trust.

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The 12 Zodiac Stages of Life?

January 28th, 2012 shearie Posted in Last Will and Testaments 12 Comments »

Question by libra-rising: The 12 Zodiac Stages of Life?
1: ARIES (Spirit/Pre-Birth)
The form in which you were created by God. The pure essence of You. You are the only soul with your particular “brand” of personality. You’ve just came into being, so you’re not yet ready to cross over into physical form.
2: TAURUS (Birth)
You are born into physical form by physical parents. You now use your physical senses to take in the world around you.
3: GEMINI (Infant)
You’re still a baby and learning sounds, shapes, colors, animals & even words. You don’t quite know who you are yet. You’re still learning the basics of life, like right & wrong.
4: CANCER (Toddler)
You are strongly attached to your parent(s) or guardian(s). Because, you realize that they’re the provider(s) of your basic worldly needs. You know things like names by now & you’re more physically able.
5: LEO (Childhood)
You’re extremely energetic & imaginative. You do whatever you want, but you’re so cute that you’re not expected to clean up your messes. You’re very self-expressive & creative. This is generally quite a happy time for you. This is also when you probably begin school.
6: VIRGO (Pre-Teen/Teenager)
You’re in the puberty stage. You probably have to clean up your messes now. The focus now is on physical hygiene. You’re likely in school, and you might start learning about relationships.
7: LIBRA (Teenager/Adult)
This is the time when you’ll graduate school. You’ll most likely start college, start a relationship or get a job. Now the focus is on relationships. You appreciate your own beauty, as well as the beauty of others. You’re finally at the age when you have the power to be on your own, and have freedom from the care of your parents.
8: SCORPIO (Adulthood)
If you’ve started a relationship, this is the most likely time when you’ll get married and/or have children. You have a strong sense of security. You are now focused on the assets of others. You have the power to handle other people’s belongings. This is the most likely time for your grandparent(s) to die and leave you with an inheritance. Your parents are aging. You’re quite ambitious or passionate now. This is likely the most sexual period in your life. It’s quite an intense time!
9: SAGITTARIUS (Middle Age)
This is likely to be the last point in your life when you’re very physically active. You’re quite philosophical. You’re probably still working at a job, but close to retiring. You might be having a “mid-life” crisis. Your parent(s) are likely to die during this time, or if you’re lucky, not until the next life stage. You want to take lots of vacations with your family or spouse while you’ve still got a sense of adventure. The focus is on traveling.
10: CAPRICORN (Old Age/Death)
Now you retire from your job. You’re too physically lethargic to work anymore. You’re mainly thinking about retiring at home and earning your annual 401k. You won’t tolerate being cheated financially, because the main focus is on receiving the money you deserve for your life’s work. Your spouse may die during this time, or if you’re lucky, not until the next life stage. You’re quite senile now. You’re likely to write your last will & testament.This is the final stage of your physical life.
11: AQUARIUS (Death/The Ever After)
Now your mind has been liberated from worldly things. You feel detached from “all that”. As crazy as it may seem, in your final days you’re not thinking about the past but dreaming about the future. You’ve likely been thinking about what your spouse or children will have left from you, and also about your future in the spiritual realm. You want to shower joy, hope & pearls of wisdom over family & friends. Now in your final moments, you want to give them spiritual guidance. You’re ready to cross over into the hereafter.
12: PISCES (The Ever After/Re-Birth)
You have crossed over into the spiritual realm. You realize that you are One in a “sea” of infinite souls, and there are endless universal possibilities. God is the Alpha & Omega, the Creator of Everything. Now that You are One with God, you have the power to control your spiritual journey or assist the journeys of other souls. This is also where you realize the importance of the physical journey. The cycle is complete and you can begin it all over again, starting with Re-Birth.
I wrote this, so yeah…What do U think of it? :-)

Best answer:

Answer by Whisper
Cool. I like it.

Pre-Teen/Teenager

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What is the name of the writing form that lots of the bible uses?

January 27th, 2012 shearie Posted in Last Will and Testaments 2 Comments »

Question by joezen777: What is the name of the writing form that lots of the bible uses?
What’s the name of the writing form used in the Old Testament and some New Testament where it’s like the first verse of the passage will say the same thing as the last verse of the passage. And then up to the midpoint each mirrored verse will touch on the same point. Thanks

Best answer:

Answer by richardatf
There are four major writing styles in Hebrew: Torah Style, which is called “Stam.”
This is an abbreviation of the three uses of this style: 1. Torah books, (Sefarim) 2. Tefilin
3. Mezzuzot. Mezzuzot is the plural of Mezzuzah.
Religious Style, which is found in Jewish prayer books, ketuba and other
documents of religious character such as marriage certificates, invitations etc.
Modern Print Style, which is vastly used for all modern Hebrew communication
purposes such as books, letters, official documents, software and multimedia.
Modern Cursive Style, which is the handwritten style in Israel and across the Jewish world.

Four letters: “Alef,” “Hey,” “Vav,” and “Yood” (see HEBREW ALPHABET) of Hebrew are also used as vowels in modern Hebrew. There is ample use for these letters since books, newspapers, personal letters, notes and formal documents are written without vowel marks. Vowels are used mostly by students in early stages of learning Hebrew. Some forms of writing, such as poetry, use vowel marks. Also, prayer Books and Biblical texts are always printed with vowel marks. Since Biblical texts and “Sidurim” (prayer books) use archaic words, all Hebrew print editions of the Bible and the Sidurim use vowels in order to make reading easier and clearer for readers.

I believe your answer in in here, or on the site I have cited as source, what you describe sounds like prayer, or music verses. I suspect these are Psalms in particular. Maybe “ketuba” is the form. It is a certainty that all Psalms were to be sung, and this cadence seems to be a song form.

Hope this helped, but I suspect it only confused the issue, sorry

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Understanding Probate and Estate Settlement Procedures

January 19th, 2012 shearie Posted in Last Will and Testaments No Comments »

Article by Simon Volkov

Probate is the legal process used to ensure that property which belonged to a deceased person is properly distributed. Oftentimes, property distribution is outlined in a Last Will and Testament prior to the individual’s death. If a Will is not drafted, the court will take over and assign the property according to state law.

Probate is overseen by local courts. Certain laws apply and vary from state to state. Even if the decedent has filed a Will, the process can take several months to complete. If heirs disagree or contest the Will, the probate process could take one or more years. While the estate is tied-up in probate, the estate administrator is responsible for maintaining the property, payments and taxes.

During this time the estate may also incur substantial court and attorney costs which can place a heavy financial burden upon the family. In some cases, these fees add up to more than the estate is worth. When this occurs the court orders the sale of property recuperate legal expenses; leaving the family with nothing but added financial burden.

Probate is a time-consuming and stressful process that can cost the heirs a considerable amount of money. It frequently leads to conflict within the family and can create all kinds of ugly scenarios. Even if all family members agree and there are no creditors involved, estate settlement typically takes a minimum of six months.

One of the best ways to avoid probate altogether is to establish a trust. Trusts allow decedents to specify who will inherit valuable property. Legal title to property is transferred to a designated individual known as a Trustee. Property held in the trust avoids probate because it is not considered part of the estate.

Another way to avoid probate is to gift property to loved ones while still alive. Individuals diagnosed with terminal illness oftentimes gift valuables and real estate to their loved ones. Doing so reduces the size of the estate and lowers probate costs. Property gifts can occur at any time. However, a federal gift tax return must be filed when gifts total more than ,000 to any one person in a calendar year.

Bank account funds can be exempt from the probate process by setting them up as a payable-on-death (P.O.D.) account. Using a form provided by the bank, account holders designate beneficiaries to inherit the money in bank accounts.

Beneficiaries do not have access to the funds while account holders are alive and beneficiaries can be changed at any time. Spousal joint bank accounts typically become the property of the surviving spouse without undergoing probate. However, it’s a good idea to file a payable-on-death form to guarantee funds will be given to the spouse.

Some states allow automobile owners to name a transfer-on-death beneficiary. Doing so allows the beneficiary to assume ownership of vehicles upon death, while avoiding the probate process.

Similar to the P.O.D. account, the beneficiary holds no rights to the vehicle until death occurs and designated beneficiaries can be changed at any time. Inquire with your state’s department of motor vehicles or visit their website to determine if transfer-on-death beneficiary is available.

These are a few ways to avoid probate. Depending on your financial situation and assets, there are additional options available. If you own a considerable amount of assets, it’s best to contact an attorney who is well-versed in inheritance law.

Probate can be a complex matter; particularly when decedents die without executing a last Will. Learn more about the importance of estate planning from California real estate investor, Simon Volkov. He offers probate information and resources, along with additional strategies to avoid probate at www.SimonVolkov.com.










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Wills – What Is a Will?

November 11th, 2011 shearie Posted in Last Will and Testaments No Comments »

Article by Chris Gyles

A Will or Last Will and Testament is a legal document in the form of a declaration which a person known as a testator will name one or two people or a professional to manage their estate and distribute their estate to named beneficiaries, after their death. If a person dies without having made a Will, they would be subject to the intestacy rules.

Any person of sound mind and over the age of 18 can make a Will. It is possible to draft it yourself, hire a professional Will writer or even get advice from a solicitor. Requirements of a Will vary depending on the jurisdiction that you live in, such as the law differs between England and Wales and Scotland.

The testator must clearly state themself as the maker of the Will and should declare that they revoke all previous Wills and codicils (add on). By doing this, any previously documents would be revoked. The testator must then show that they have the mental capacity to dispose of their estate and they are doing so willingly without force or restraint. The testator must then sign and date the Will in the presence of two witnesses who are not to benefit from it (therefore not beneficiaries).

You can have extra witnesses if there is a potential for some form of conflict. If a witness is named as a beneficiary in the Will, they will either (depending on the jurisdiction) be disallowed to receive under the Will or it would invalid the status of them being a witness, consequently invalidating the Will. The testators signature must be placed at the end of the Will. If this is not done, any text that is written after the signature will be ignored. The next provision is that one or more beneficiaries must usually be mentioned in the text but again this would depend on the jurisdiction the document is written for.

It is not essential for a Will to be drafted by a lawyer or a professional Will writer. However there could be potential problems that may occur if a testator attempts to make a home-made Will. If the testator does go down the route of drafting the Will themself, they will not have someone with the legal expertise to help explain any of the provisions or correct any technical deficiency or error in expression that is drafted by the Will. This means that there can be quite a big chance of mistake if it has not been looked over properly. A common mistake is when the execution of the Will is carried out; a beneficiary is used as a witness. This again is not allowed and that beneficiary would be disinherited from the Will.

I am a legal writer covering advice on topics of law, for further text and similar works visit Wills or contact a solicitor today.

For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.










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Power of Attn, Will, Quit Claim Deed?

October 29th, 2011 shearie Posted in Last Will and Testaments No Comments »

Question by Christy: Power of Attn, Will, Quit Claim Deed?
I have a few questions-long story short, my father is dying, he has no wills, etc., I need to set something up FAST, so I was going to download forms from the net, get them notarized tomorrow. I don’t know what I need, I would think a power of attorney (whether durable or not? I don’t know the diff) & a last will and testament. I want to be able to take care of his affairs-social security disability, etc., My mother is dead, she passed 12 years ago, he has three children, I am the youngest, but the other two really aren’t involved and my pleas for help fall on deaf ears.

Additionally, I have a house with my niece, I don’t think other than refinancing that there is anyway to get her name off the mortgage, however, is there a way I can do a quit claim deed to remove her from the title/deed. Is there a way to remove her from the mortgage?

I live in Maryland btw, thanks!

Christy
Additionally, my niece is on the loan but DOES NOT make any payments, I pay the loan myself. She was living here, but moved out, she has never paid the loan in the entire time she’s been here. We made a deal, she put her name on the house, and then she got the 8K new homeowners tax refund, she got an additional 5K from me over the period of the past few years, and her credit soared, of course now, that’s not going to be the case for her :( I am sad to say.

Best answer:

Answer by wizjp
YOu need a lawyer. Durable POA Real will. SHE can do a Q/c Can take her out of title. YOu can’t.

Only a refi or a release will take her off the mortgage. and as long as she is on the mortgage, she’d be crazy to remove her title interest

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How to setup a legal will?

October 18th, 2011 shearie Posted in Last Will and Testaments 4 Comments »

Question by Chelsea: How to setup a legal will?
I do not know too much about wills. I know there’s wills called Living will, last will and testament. But, we live in Iowa. And, my mother wants to set up a will, so everything goes to me and I make all decisions, and that I get legal custody of my sister. How do we go about doing this, without the use of a lawyer? I know theres some forms out there that you can get that you have a notary public sign. But, what are those forms called? And, what kind of will are we looking at? And, how do we go about writing one up? Sorry about all the questions, but it’s kind of important to us. Thanks.

Best answer:

Answer by Lauren J
There are Legal Will kits and Living Will kits, but they are not recommended. If the form is filled out wrong, it becomes invalid anyway. More importantly, a lawyer can better analyze a situation to figure out what you need: these kits cannot. As well, for an experienced lawyer, it is an easy contract. They are cheaper than people think.

Crash course: a Last Will and Testament will decide the distribution of assets when a person dies. A Living Will takes into account if someone cannot make decisions for themselves (incapacitated).

Seriously, at least enquire with a law office before getting a kit. Too many people have been burned by them.

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New York Will: Protecting Your Minor Children

October 3rd, 2011 shearie Posted in Last Will and Testaments No Comments »

Article by Luke Bryant

Making a Will becomes more involved if you have minor children. Until they reach the age of 18, your children are not legally capable of managing their own affairs. Whether you’re married, single or divorced, this article outlines factors you need to consider in your New York Will when minor children are involved.

1.       Appointing a guardian for minor children

If you have children under the age of 18 years, you should appoint a guardian for them in your Will. Your Last Will and Testament is the only document where you can stipulate this wish. Generally, if something happens to you, your children go to the care of their other parent. If that parent is unfit to act or predeceases you and no appointment was made in either of your Wills, then minor children become part of the foster family process. This is why it’s extremely important to legally name a guardian in your Will.

If you intend for a couple to look after your children (for example, your friend and her husband) it’s best to appoint just one of them (your friend). If you appoint both and something happens to your friend, you need to consider whether you want her husband looking after your children. If not, then the best approach is to appoint your friend and a successor guardian.

2.       Married persons

Generally, spouses make mutual wills gifting their whole estate to one another. The intention is that once you die, your spouse will use the inheritance to support themselves and your minor children. The children usually only directly inherit under a New York Will if your spouse ends up dying before you.

Problems can arise where stepchildren are involved. If you have a child who does not belong to your spouse, you may consider leaving an amount of money or property for your child on trust. This may be especially warranted where your spouse has children of his/her own. Alternatively, you may consider making a mutual wills agreement with your spouse (to ensure that your spouse does not change his/her Will after your death to exclude your child from any inheritance).

3.       Creating a trust for minor children

Whether you’re married or single, any gift to a minor child in your New York Will should be in the form of a trust. This is because children aren’t legally entitled to receive your estate until they reach 18 years. When creating the trust, you can stipulate the terms and conditions of how the trust funds are to be used for the benefit of your child until they reach the required age.

You will need to designate a trustee (someone to manage the funds on behalf of your children) up until they reach majority. Some people extend the trust period, requiring the children to reach the age of 25 (or even 35 in some cases), depending on their maturity level and trustworthiness.

The trustee needs to be a person you can rely on. It does not need to be the guardian (and sometimes it’s even better if the guardian and the trustee are two separate persons). The trustee is required to manage the trust funds for the benefit of your child. They must not embezzle or use any trust property for their own personal use.

If you’re making your own Will, companies that sell Will forms generally also provide forms which include a trust for minor children. Alternatively, an attorney can create the trust for you in your New York Will.

Minor children are vulnerable persons and need to be taken care of, especially in the absence of their parent. It’s very important that you take the time to plan how their lives will pan out – your Will can certainly make that difference.

More information on New York Wills.










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Promissory Estoppel Cases And Injustice

September 13th, 2011 shearie Posted in Last Will and Testaments No Comments »

Article by Lucy Diamond

We all have a perception of law the kind of things to expect. Philosophers and thinkers have worked with a view of establishing a definitive meaning of what law is and where it fits in to the community. From these efforts have arisen major ‘schools’ of thought which demonstrate ideas and concepts distinct from one and other yet equally valid in their interpretations.

Most people feel that law is rules that regulate our behavior. If the law is a regulatory body of rules, then by itself it is useless. Rules alone can only set parameters at most and can never seek to regulate independently. In order to provide this regulatory aspect there is a requirement for enforcement. In our society, this is provided by the threat of sanctions like prison and fines. Therefore our traditional notion of law as rules is deeply flawed. Law is therefore an interaction between rules and a physical persuasion. In other words, we need some motivation to obey the law, partially as a consequence of our nature as human beings, to keep us within its boundaries and to keep up above its line of governance. Promissory estoppel cases and injustice would not exist. Would you like to find Legal Forms And Contracts Online?

If the law is a body of rules, in what sense do these rules operate. Are they prescriptive, that is how one must behave, or descriptive, how the majority of society behave. If it is prescriptive, there would essentially be a requirement for every citizen to learn the law from a young age in order to ensure consistency with the proscriptive body of legislation. Promissory estoppel cases and injustice would not exist.

If on the other hand it is descriptive of how society behaves, this raises the problem of authority, the way society behaves is not an objective concept, therefore why should any given person or body of people be afforded a subjective look at what is right and what is wrong? In a nation with strong fundamental freedoms, consider law as a relationship between people internally with other people and with the state, with an element of mutual consensus in achieving the relevant social ends.

The concept of law s both fascinating and complex, with many facets and caveats yet to be explored. In an international legal context, the study of jurisprudence transcends jurisdiction and specific legal training moving towards the realms of independent thought and observation.

In our modern world, citizens are tasked to legally protect themselves for all types of issues. We are living in a sue happy country with lawyers jumping on every social and medical issue you can possibly imagine. Therefore we obtain legal counsel for contracts on property, marriage or who gets the children. Legal advice is sought in cases of human rights violation, property disputes, accident settlement and trespassing. We must have a will to divide our wealth upon passing away, and a legal birth certificate at the birth of a child. A business is tasked to operate under stringent laws concerning treatment of employees, compensation, label laws on products and guidelines set down by the EPA or FDA. Would you like to find Legal Forms And Contracts Online?

We seek legal advice when forming a partnership or corporation. How are we protected when buying or selling on line? When you look at the number and size of disclaimers in contests you may enter, products you may buy or medication you are taking, you become more familiar with the extent of legal content that is involved in our society. With lease agreements, prenuptial agreements, last will and testament, power of attorney, bill of sale, etc. how can we legally protect ourselves without hiring a full time legal staff? Because we live with humans, and because promissory estoppel cases and injustice do exist, we are forced to have legal documents for several reasons.There are options to obtaining legal contracts that may be more economical than the services of a lawyer. Are you interested in avoiding the additional legal fees and obtaining Legal Forms And Contracts Online?

Lucy is concerned with natural remedies and self help. In this world of chaos and uncertainty, we must protect ourselves from each other. If you are interested in promissory estoppel cases and injustice, or would like to seek ways of handling legal documents yourself, check out the website.

Legal Forms And Contracts Online










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Use Agreement Forms Lease and Save Attorney Fees

September 10th, 2011 shearie Posted in Last Will and Testaments No Comments »

Article by John petersons

There may be times when you do need to obtain legal advice. But you will save yourself money and time if you research your options about agreement forms lease prior to talking with an attorney.

Online you can find a range of free legal agreement forms lease and documents as well as advice on what to look for before you sign any document. Before you research for sites you may want to check out the agreement forms lease templates in your word processing program. These programs have advanced over the years and provide standard contract samples. From employment to leases to business contracts you may have access to what you need right on your computer.

Usually the contracts and agreement forms lease templates provided online and by software vendors are written in English that is easy for everyone to understand. Many are free and may be downloaded instantly. You can find agreements and forms that will help you with real estate, if you are a contractor; need parental consent, or buying or selling a car.

Free documents may include: bills of sale, tenant lease forms, durable power of attorney, auto bill of sale, temporary guardianship and promissory notes for example. Legal forms to help you write your last will and testament or to make a living will are available along with how-to information. If you need a Power of Attorney you can download templates for those. Health care proxies and durable power of attorney that are one use applications are readily available for download.

There may be times when you do need to obtain legal advice. But you will save yourself money and time if you research your options prior to talking with an attorney. Being informed before you go in will help you ask better questions and get the answers you need.

There may be times when you do need to obtain legal advice. But you will save yourself money and time if you research your options about agreement forms lease prior to talking with an attorney.

John petersons has been contributing to leading magazines for the past 10 years.










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