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Thomas Glenn Martin

Thomas Martin’s Answers

82 total


  • How do we aply for a Corporation and the cost?

    We need to have a Corporation to legally own land in Mexico

    Thomas’s Answer

    Check out Arizona's website which includes incorporation forms:

    http://www.cc.state.az.us/Divisions/Corporations/filings/forms/index.asp

    Here are answers to frequently asked questions about incorporating in Arizona:

    http://www.cc.state.az.us/divisions/corporations/faqmanual.asp#cf

    Here's a schedule of fees for corporate filing:

    http://www.cc.state.az.us/divisions/corporations/filings/forms/feesch.pdf

    Good luck!

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  • Estate Planning

    How do I form a FLP and what is the advantage over a LLP, or C Corp

    Thomas’s Answer

    Without any facts, it is impossible to give an intelligent answer to your question. (You may also want to consider an LLC as an option.) Consult with an attorney in your jurisdiction to answer these questions for your particular circumstances.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • On a revocable living trust being distrubted, on a 750,000 dollar estate i get 10% how much is that ? do i set up a trust?

    i need to set up a trust account because i am on social security. can i buy a new mortorcycle and put the rest into a trust account

    Thomas’s Answer

    You should consult a well qualified, elder law attorney in your area.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • How do you enforce the terms of a trust? It seems the last person with the pencil wins,

    We are heirs to a trust. The first trustor died leaving a bypass trust and a survivors trust. The trust was supposed to be unamendable and irrevocable. All parties agree that the bypass trust is just that. The survivors trust had a pourover provis...

    Thomas’s Answer

    You litigate the matter in court and a judge decides.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Can creditors lay claim to property or assets if those assets are in a trust?

    I was wondering if creditors can lay claim to property or assets, for example if someone files for bankruptcy, if those assets are within a trust rather than owned by an individual? Thanks :)

    Thomas’s Answer

    Yes. (assuming it is a living trust)
    No. (assuming it is an irrevocable trust)
    Maybe. (assuming it is an irrevocable trust created to avoid creditor claims after such claims existed)

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Pets and a will

    I have 2 dogs, if something happens to me (i.e die), and I want them to stay together (not be separated or put down ) what should I do? I heard there's some kind of trust where I can set aside money for their care.

    Thomas’s Answer

    Pet trusts are now enforceable; prior to Probate Code Sec. 15212, (see http://law.onecle.com/california/probate/15212.html), they were merely precatory.

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  • If a married person with sole and separate title, to the home they share with their spouse, wanted to put the property into a tr

    If a married person with sole and separate title, to the home they share with their spouse, wanted to put the property into a trust, would there need to be anything filed with the county recorder's office. Would the non vested spouse be able to fi...

    Thomas’s Answer

    Actually, the transfer is effective on signing the deed. However, for the transfer to be effective with respect to 3rd parties (e.g., creditors), the deed would have to be recorded. Moreover, it is possible to name the trust in such a way that it is difficult to associate the trust with an individual.

    In short, the answer to your question could vary depending on whether this is a revocable or irrevocable trust we are talking about. Also, what is the purpose of the transfer - probate avoidance or risk management? Why do you not want your spouse to find out, etc.? There's much more to know before this question can be answered intelligently.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • House in a Trust

    If my house is in a living trust and someone sues me and wins, can they take my house? Or is it protected by being in the trust? Thank you.

    Thomas’s Answer

    If it's a "living trust," which in lawyer-speak is an inter vivos revocable trust, then, yes, your house is vulnerable and could be sold to satisfy a judgment. If it's an irrevocable trust of some kind, and assuming it was set up properly and before any liability existed or was threatened, then it could potentially provide some protection against the house being used to satisfy any judgment.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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  • Avoiding Probate?

    My father recently died in the state of CA. He was single and I am his only child. I am told that because of this I can avoid probate, but in order to clear the title on his house I have to have power of attorney? Would I have to go through probat...

    Thomas’s Answer

    Yes. You need a probate attorney.

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  • Who is entitled to what when there is no Last Will and Testament.

    My father recently passed away. He was 83 and newly married by 10 months. He lives in California and he left no will. He owned a home that was paid for but took out a Reverse Mortgage on that house. The balance on the reverse mortgage (meaning...

    Thomas’s Answer

    If there is no will or trust, then property generally passes under California intestacy law to the surviving spouse. Please consult with a qualified probate attorney in your area for further counsel.

    DISCLAIMER: The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

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