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Thomas Glenn Martin

Thomas Martin’s Answers

82 total


  • Living trusts in California

    Can anyone give a step by step procedure of creating a living trust in California, including links to forms etc etc.

    Thomas’s Answer

    I concur that you need an attorney to craft an living trust to suit your specific circumstances, but it need not cost you thousands of dollars either. My firm provides cost effective estate planning geared to middle income families who need help that won't break the bank. Check out our link below.

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  • Domestic Partnership AND Community Property Waiver

    I understand that Domestic Partnerships are subject to Community Property laws in various states like California, Nevada, Washington, etc. If a Community Property WAIVER is signed (waiving "all rights, obligations and interest under any and all c...

    Thomas’s Answer

    You may consider a Domestic Partnership Agreement (akin to a prenuptial agreement) that addresses the very issues your concerned about. My firm focuses on these types of contracts and LGBT issues. We are located in Long Beach and would be happy to answer any questions you may have about the process.

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  • HI Im holding a tourist visa my boyfriend wants to marry me , can I get married even Im married in Philippines.

    Im separeted with my husband for almost a year , but we Im not annuled yet coz annulment cost a lot in philippines . Now I have A boyfriend who wants to marry me so we can be together here in the US. My question is can I get married here in the U...

    Thomas’s Answer

    No, you cannot.

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  • Marriage to US Permanent

    I am student in us and my f1-visa will be expired next year.I want to get marry to a Boy who got US asylum but he is not citizen yet.I want to know what will happen to us?Can I stay here after my F1 visa expired.Can he apply to add me to his statu...

    Thomas’s Answer

    Please re-post you question under Immigration. This category is for Prenuptial Agreements.

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  • What would you recommend?

    We are not married and have a few large purchases (home and car joint account) what should we do as far as legally having it spelled out on paper to protect either party .

    Thomas’s Answer

    Please note I said you should "also" consider a cohabitation agreement. I meant "also" in the sense of in addition to. I did not suggest it as an alternative to an estate plan. A cohabitation agreement would address the present characterization of property each of you own, income and debt as well as provide clarity for who would get what if your relationship were to end.

    Although I agree that an estate plan is in order; it would not deal with who gets what if your relationship were to end through your separation from each other. An estate plan would address who gets what in case of the death of either of you or both and may address who can manage the affairs of the other in case of incapacity.

    My law firm focuses on both estate planning and family law and there is a considerable degree of overlap involved in your situation. Good luck.

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  • What would you recommend?

    We are not married and have a few large purchases (home and car joint account) what should we do as far as legally having it spelled out on paper to protect either party .

    Thomas’s Answer

    You may also consider a Cohabitation Agreement to address any latent Marvin issues.

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  • We want to transfer ownership of house to our son

    we're aging and would like to have this done but don't know how to do it. Also a power of attorney would be a good idea

    Thomas’s Answer

    First, I am not an NY licensed attorney; I am licensed in CA. That said, I simply suggest you ask a tax attorney or enrolled tax agent what would be the effect on capital gains taxes FOR YOUR SON if you were to deed the property to him during your life as opposed to him inheriting the property. I suspect there's a big difference and think it would be a good idea for you to understand that side of the equation before deeding anything.

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  • If I have a judgement placed against me, can the creditor access a joint bank account to recoup money?

    I had a credit card and have now had a judgement lien placed against me. Is the creditor able to access any joint accounts I have with others

    Thomas’s Answer

    Yes.

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  • My father passed away six days ago. He had a revocable trust. Do we need to notify California court?

    Also included with the revocable trust is a will, durable power of attorney for management of property and personal affairs and an advanced health care directive. My sister and I are the only children and we are both identified in the trust and w...

    Thomas’s Answer

    No, you do not need to notify a California court.

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  • In the case of a deceased employees final pay, does final pay fall under community property in California

    In the case of a deceased employees final pay, does final pay fall under community property in California

    Thomas’s Answer

    Yes.

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