My aunt, who is the Trustee of my grandfather's Irrevocable Grantor Trust, filed an unlawful detainer to have me, my grandfather, and my brother evicted from the property my grandfather owns. My brother and I were raised by my grandfather. My br...
How you respond is by hiring an attorney who can review the terms of what can be a complicated and very involved trust.See question
The reason to do transfer later is to avoid any issues with the bank and mortgage. I only have a few years left to pay off.
You can create a trust document and name the house as an asset of the trust but it will have no force and effect until you change title of the house into the name of the trust (i.e. Fund the Trust). If you pass without funding the trust first, the house will be probated.See question
I have been steadily employed in the civilian sector since getting out of the military 5 years ago, after getting hired at my current job (skilled trade), the VA rated me as having PTSD. It does not affect my work. if I apply for a different j...
The Americans with Disabilities Act (ADA) does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet on a case by case basis. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment.
However, according to the Equal Employment Opportunity Commission (EEOC), the individualized assessment of virtually all people with PTSD will result in a determination of disability under the ADA; given its inherent nature, PTSD will almost always be found to substantially limit the major life activity of brain function.
Nevertheless, employees need only disclose their disability if/when they need an accommodation to perform the essential functions of the job. Applicants never have to disclose a disability on a job application, or in the job interview, unless they need an accommodation to assist them in the application or interview process, or unless they know they will need an accommodation on the job from its inception.
Trying to divide assets in to the A and B trusts but not sure if each spouses' IRA goes in to the trusts.
Typically, you do not need to place IRS's in a trust, but I agree wholeheartedly with Ms. Mayer.See question
I have assets held in my living trust. If someone comes after me for liability for whatever reason, are these living trust assets subject to their claims/ court judgments? Is living trust a separate entity?
Typically yes. Revocable living trusts do not in and of themselves provide asset protection. They are a vehicle to avoid probate and provide privacy, as well as the avoidance of certain tax ramifications depending upon the size of the estate. However, you can place the business assets of a corporation or LLC (your shares/membership interests) inside a revocable trust, which will provide the same advantages as to those interests, and which themselves provide protection for your personal assets. It is important to understand that the trust itself provides no independent protection other than what the structured business entity inside the trust will provide.
The real overlap between estate and asset protection planning lies in an irrevocable trust, of which there are several types. These trusts are intricate and require experienced counsel, as well as the recognition that the new trust will own the assets placed inside it rather than the creator of the trust itself.
Hi ! I signed a contract with a builder and during the early design phase went through a divorce (with child support, etc...) my construction loan went from being green lighted to denied due to my new financial situation. I asked the builder to ...
The contract would have to contingent upon you receipt of the loan if past the three day period.See question
I have copies of two trusts. One was written a few years before the other. A few key items are different between the first and second trust (ex: time/type of disbursements, etc.). I am a beneficiary on both versions of the trust. Another beneficia...
The Trusts should speak to whether one is a Restated Amendment of the other. Look for that language in the opening paragraphs as well as the date of each Trust document. Trust restatements allow a Settlor to replace the terms of a Trust without having to create a new Trust and transfer the title of all assets to the new Trust. In fact, it is the titling of assets that makes a restatement a much better approach in most cases.
Restatements are used only when the entire Trust document needs to be replaced. If you only have a few small changes, than a Trust amendment will do. See an attorney to determine if you have an amendment or a complete Restatement. You must determine the intent of the Settlor.
My friend is AWOL and we talk on the phone and what not can I get in trouble for knowing where he is? Or only if he's at my house ?
This is not a typical civil rights question but instead a criminal law question. You might be held criminally liable as an accessory after the fact if you aid him from being apprehended. Speak to a criminal lawyer asap.See question
is it thru , no body can not open account for some one else with power of attorney , while that person not present in the bank.
Here is your answer: Banks, and other financial institutions like brokerages, may refuse to accept a power of attorney if the document (1) contains unfamiliar language; (2) was signed outside a reasonable period of time (e.g., more than five (5) years ago); or (3) was not done using the bank’s own power of attorney form. Why? Banks are uncomfortable with their branch deciding whether the power of attorney is valid and whether the agent is acting within his or her legal authority. This is often occurs when the agent seeks access to the contents of a bank safety deposit box.
Such foreseeable problems with banks are less likely to occur with the following types of powers of attorney: (1) a California Uniform Statutory Power of Attorney; (2) a California Statutory Special Durable Power of Attorney For Bank Accounts and Certificates of Deposit; or (3) a bank’s own power of attorney form. These are all standardized forms that are routinely seen and understood by the banks and other financial companies.
Dear Esteemed Legal Experts, I signed a non-compete/non-disclosure agreement when I got my job last month (January 2017). The worst part is, I didn't even read what's actually in there. Was just excited to just do it and start working. I know ...
Non-Competes are not enforceable generally in CA for employees and independent contractors, but proprietary rights agreements are. No one can "guess" about the agreement without a review by a lawyer. Seek a consultation.See question