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Your taxable estate: Less obvious assets.
2008-03-11 16:47:00 There are several other assets that many people creating an estate plan fail to consider. The most commonly overlooked asset included in a person’s estate is life insurance, perhaps because the value of that insurance is not realized until after death. However, even though the death benefits are payable only upon your death, if you have life insurance, you must include its value in your estate More About: Estate , Obvious
The importance of title
2008-03-11 16:41:00 How you own property controls everything from whether the asset is a pro-bate asset to whether the asset will be included in your taxable estate. Your first step in estate planning is to determine how you own each and every one of your assets. Remember: Nothing is more important than title. The manner in which you own an asset has priority over any direction contained in your will or trust. More About: Title
Matters of children in a family
2008-01-22 21:54:00 Decision to Have Children Q. Who makes the decision to become a parent? A. The Supreme Court in Roe v. Wade and other cases has declared that the decision of whether or not to have a child is a very personal one and that the decision is protected by the right of privacy under the United States Constitution. This means that individuals who wish to have a child cannot be barred from doing so ( More About: Family , Matters
Issues concerning domestic violence
2008-01-22 21:41:00 Q. What are legal remedies for domestic violence? A. State legislatures and courts have been paying increasing attention to domestic violence. Many states have elaborate laws designed to protect spouses from domestic violence by their spouses or other family members. In many states, protection also is available for people in dating relationships that have become abusive. A common remedy is for a More About: Issues , Domestic , Violence , Domestic Violence
Doing business as a married couple
2008-01-16 15:54:00 Q. May husbands and wives go into business together? A. Certainly. Wives and husbands can be business partners, just as any other two people, whether related or not. They could set up a corporation and both be owners and employees of the corporation; they could form a partnership; or one could own the business and employ the other. Wages and benefits can be paid, just as they would for any other More About: Business , Couple , Doing business , Married
About debt and taxes in marriage
2008-01-16 15:46:00 Q. Is a husband or wife responsible for debts incurred by the other? A. That depends on the nature of the debt as well as where the couple live. If both husband and wife have co-signed for the debt, both will be responsible for paying it. For instance, assume the husband and wife apply together for a charge card. If both sign the application form and promise to pay the charge bills, both will be More About: Marriage , Taxes , Debt
Your non-taxable estate
2008-01-12 19:53:00 A person’s non-taxable estate consists of assets over which the decedent had no control at death. This includes assets transferred before death, with the exception of life insurance policies transferred within three years of death. As you will learn in the following section of this topic, your taxable estate is a broader category than your non-taxable estate. Basically, the only assets that More About: Estate
Probate and non-probate estates compared
2008-01-12 19:43:00 When planning your estate, you need to be mindful of which assets will be passing at your death through the probate court system and which will pass directly to some other person without court involvement. These two categories, probate and non-probate, are of fundamental importance in estate planning. The following definitions and examples will help you see the difference between these two More About: Estates , Probate
FInancial matters during marriage - Ownership of property...
2008-01-07 20:42:00 Q. Which spouse owns what property in a marriage? A. Most property that is acquired during the marriage is considered marital or community property. For example, the wages earned by both husband and wife during the marriage are considered marital property. If one or both spouses buy a house or establish a business during the marriage, that usually will be marital property, particularly if the More About: Marriage , Property , Financial , Matters
Living together outside of marriage
2008-01-07 20:34:00 Q. Can two people live together without being married? A. Of course. The Census Bureau reports that such arrangements are quite common. Some zoning laws do prohibit more than three unrelated persons from living together in one house or apartment, but two unrelated people generally can live together anywhere they want. A few states still have laws on the books prohibiting "fornication"--sexual More About: Living , Marriage
The "Chameleon Effect" in estate planning
2008-01-02 10:48:00 Sometimes an item can change from a tangible asset to an intangible asset; for example, consider a chair in a classroom. A chair is an item of tangible personal property because you can move it from place to place without decreasing the value of the school building. However, some schools have chosen to secure chairs (and sometimes desks) to the floor. Once secured, those chairs become real More About: Estate , Planning , Effect , Chameleon
What is an estate?
2008-01-02 10:34:00 In the most simplified form, an estate consists of either property or interests in property. An interest in property means some right or privilege relating to the property, such as the right to receive rent or the right to reside on the property for life. If you understand clearly what “property” means, you should be well on the way to planning your estate. Most people become confused before More About: Estate
On the matter of premarital agreements (Part 2 of 2)
2007-12-30 00:22:00 Q. May premarital agreements decide future issues of custody and child support? A. No. A court may consider a premarital agreement the parties have reached regarding child custody or support, but the court is not bound by it. Broadly speaking, courts do not want parties to bargain away rights of children, particularly before children are even born. (A later section on child support will discuss More About: Matter , Part
On the matter of premarital agreements (Part 1 of 2)
2007-12-30 00:14:00 Q. What is a premarital agreement? A. A premarital or antenuptial agreement is a contract entered into by a man and woman before they marry. The agreement usually describes what each party's rights will be if they divorce or when one of them dies. Premarital agreements most commonly deal with issues of property and support--who is entitled to what property and how much support, if any, will be More About: Matter , Part
The ploblem of an invalid marriage
2007-12-28 21:46:00 Q. What if someone thinks he or she has a genuine marriage but it turns out to be invalid? A. Sometimes people who live as a married couple learn that their marriage is not legal. For example, one supposed spouse may have kept a prior marriage secret, or both may have thought incorrectly that an earlier marriage had ended in divorce or the death of a spouse. Or a marriage may be invalid because More About: Marriage
The requirements of getting married...
2007-12-28 21:32:00 Q. Legally, what is marriage? A. Most states define marriage as a civil contract between a man and woman to become husband and wife. The moment a man and woman marry, their relationship acquires a legal status. Married couples have financial and personal duties during marriage and after separation or divorce. State laws determine the extent of these duties. As the United States Supreme Court More About: Getting Married
What is "per stirpes" and "per capita"?
2007-12-26 19:46:00 In the context of intestate succession, per stirpes is the modus operandi for determining heirship. The term “per stirpes” means to take by representation. The term “per capita” means to take by head count. The term “per stirpes” only applies when a primary beneficiary is deceased, or if the amount a beneficiary is to receive is measured by what an ancestor would have received if living. For
Modern inheritance
2007-12-26 19:33:00 Modern legislation is quite different from ancient laws. For example, now a spouse has a right to share in the estate of a decedent—and that right might even be paramount to the rights of a child or other relative. Community property also is a reflection of the growing awareness of spousal rights to inheritance. Community property is a form of ownership between husband and wife in which each More About: Modern , Inheritance
Procedures after trials...
2007-12-24 08:03:00 Q. Is there anything left for a victorious plaintiff to do? A. Winning a civil verdict is only the first crucial step in a plaintiff's efforts to secure compensation for his or her injury or loss. After the judge enters judgment in favor of the plaintiff, he or she still must acquire a judicial order commanding the defendant to pay the compensation awarded. If a defendant against whom you have More About: Trials
So, what about the verdict?
2007-12-24 07:59:00 Q. Is there anything to prevent the case from reaching the jury after each side has finished presenting its case? A. Yes. Before turning the case over to the jury, the judge will consider either side's motion to "direct a verdict" in its favor. A directed verdict removes the need for the jury to determine whether the defendant is liable, but such a ruling is only appropriate when the court is More About: Verdict
What you should know about trials
2007-12-21 14:15:00 Q. My case will be tried before a jury. What does this entail? A. Jury trials begin with "opening statements" presented to the jury by the lawyer for each party. The opening statement serves to introduce the jurors to each side's theory of the case and outlines what each side plans to establish during the trial. For example, in a personal injury case, the plaintiff will argue that the defendant More About: Trials
Questions and answers about jury issues
2007-12-21 14:11:00 Q. But doesn't the United States Constitution guarantee me a right to a jury trial in every case? A. No. In criminal cases, the right only extends to defendants facing a possibility of being sentenced to a prison term of six months or more. In civil cases, the Seventh Amendment guarantees the right to a jury trial in "suits at common law." As a general rule, suits at common law encompass only More About: Questions , Issues , Answers , Questions and Answers
Identifying heirs
2007-12-19 17:37:00 The next great debate focused on those individuals who should be allowed to inherit a decedent’s property. Historically, societies and ancient cultures have viewed inheritance as an entitlement, earned only by those descending by blood from the decedent. This process, by definition, ruled out the spouse as an heir, which means husbands and wives could never inherit. The ancient Romans developed a
Inheritance and the Laws of Intestate Succession
2007-12-19 17:29:00 Sometimes a little history lesson can help put complicated legal terminology into perspective. The history of intestate succession is interesting and helps to explain current statutory law. You will find many correlations to historical practices in current legislation. The Nature of Property Ownership As one looks back over the history of inheritance laws and practices, it becomes clear that the More About: Laws , Inheritance , Succession
What the term "discovery" means and how it affects you
2007-12-15 03:31:00 Q. Can a party force his or her opponent to disclose information and witnesses even before the trial begins? A. Yes. This process, called "discovery," is a vital step in any litigation and a reminder that the goal of our legal system is to do justice rather than to reward the clever attorney or secretive litigant. "Surprise witnesses" and "secret evidence" are the province of TV and Hollywood, More About: Discovery , Term
Procedures before heading to trial
2007-12-15 03:27:00 Q. What are the defendant's options after being served? A. At this point, most defendants will hire an attorney to prepare their defense to the suit. The attorney will need to hear the defendant's version of events and scrutinize the complaint and summons. If the complaint appears deficient, legally or factually, the defendant may be advised to file one of several motions attacking it. Q. What More About: Trial , Heading
Where to take my case - the state, or federal court? (part 2)
2007-12-13 00:44:00 Q. Do I ever have a choice of whether to sue in state or federal court? A. Yes. Although some cases are exclusively within the jurisdiction of one or the other court systems (juvenile cases, for example, are adjudicated in state juvenile courts, while all bankruptcies are filed in federal bankruptcy court), the state and federal courts have "concurrent jurisdiction" over many cases. A typical More About: State , Case , Part , Court , Federal Court
Where to take my case - the state, or federal court? (part 1)
2007-12-13 00:35:00 Q. If small claims court is not an option, how will my lawyer determine which court is the one for me? A. After identifying the nature of the claims you may have and the remedies you are seeking, your lawyer will guide you to the court with the proper jurisdiction and venue. Q. What is jurisdiction? A. When we say a court has jurisdiction to hear a case, we mean it has the authority to decide More About: State , Case , Part , Court , Federal Court
Determining your estate planning needs
2007-12-10 23:40:00 At this point, you can see that planning involves many factors. You should also be able to realize by now that failing to plan can have significant tax and non-tax implications for you and your heirs. Please take the time to ask yourself the following questions. These questions are designed to call your attention to matters that affect your overall estate plan. Has it been more than one year More About: Estate , Planning , Needs
Estate Planning: The failure to plan
More articles from this author:2007-12-10 23:38:00 It is an unhappy fact that many people simply do not take the time to plan their estates. Unfortunately, the result of failing to plan is itself a plan, although not one consciously preferred by the individual. For people who don’t plan, the default plan is whatever the law of the individual’s state of residence says, taking into account the type of property owned by that individual and the More About: Estate , Planning , Failure , Plan 1, 2, 3, 4, 5 |
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