Sunday, April 29, 2018

Advance Directives and Why You Need One


You've probably heard of advance directives, but are unsure of what they actually do and how they can help you. The truth is that these are a great way to plan ahead for your future, but they do require a bit of work upfront first. This is a good thing though, since it will save you time and energy later. It's better to have the work done before you actually need to do it so in a time of emergency everything is already sorted out beforehand.

The first thing to be aware of is the medical power of attorney, also called a healthcare proxy. This person is lawfully able to make medical decisions for you in the event that you are unable to. This includes when you are suffering from dementia and when you are not conscious. This is a big shoe to fit into, so to speak, so it is important that you select someone that you trust completely. Sometimes, you may want to select a backup healthcare proxy in the event that something happens to your original choice for POA. This doesn't happen often, but when it does you will want to be prepared. So having another person you trust on deck allows you to not worry about constantly updating your POA paperwork.

You also need to know that your POA will not be able to make decisions that override your decisions. This is to benefit you, of course. If you were to wake up out of a coma, you would then be able to once again make your own decisions and not have to worry about your POA making a decision that you do not want them to.

Some states do not actually honor other states' advance directives. Some do. So it will require a little research, either on your own or with your attorney, to make sure that if you are moving from New York to California, for example, that your advance directive will hold up under the scrutiny of the legal system. The easiest solution to this problem is to have an advance directive made up for each state that you will be residing in. So if you do move into a California retirement home, make sure that you set up an advance directive as soon as possible once you are a resident there.

A final consideration for the State of California is that if you are in a skilled nursing facility and want to set up an advance directive, you must have a patient advocate sign the paperwork as a witness. Again, this is to protect you and your rights.

Basically, the State of California wants to ensure that the patient is of sound mind and that they are not being taken advantage of. This is why an advocate must sign-they look out for their patients' best interests.

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Saturday, April 28, 2018

Advance Healthcare Directives - Be Sure to Write Your Living Will


With modern medical technology advancements, it is becoming more and more important to consider writing an advanced healthcare directive. There are several kinds of advanced healthcare directives. A living will is one form of an advanced healthcare directive. It is a document that specifies what you want done medically if you are no longer capable of making decisions for yourself. A medical power of attorney or healthcare proxy is another form that appoints a specific person to make decisions for you if you are incapacitated. It is advised that a person have both documents prepared and in place long before they will ever be needed.

With today's advancement in medical care many people are left confined to nursing homes. Many elderly are in a vegetative state, fed through feeding tubes while their bodies slowly die. The emotional and financial burden the families of these patients experience is overwhelming. Lives are prolonged but there is no real quality of life. An advanced directive can prevent this from happening to those you love.

The living will was first proposed by Luis Kutner in 1969. His purpose was to make sure the living were able to make their wishes known when they were no longer able to speak for themselves. The living will gives direction to medical professionals about what procedures a person wants and doesn't want. It can forbid the use of medical equipment used to sustain life or direct it be discontinued when it only prolongs death. It can be general or specific depending on the wishes of the person writing it.

Advanced directives should be regularly updated to make sure they cover current medical technology. As advancements are made, changes need to be made to reflect that advancement. A living will that is current is more likely to be acknowledged and followed.

It is advised that a living will be combined with a healthcare proxy to assure your wishes are followed. No document can fully cover all the circumstances that might occur. Having a person on the scene making immediate decisions is important. By designating a person in advance to make decisions, you can be reassured that no decisions are made that might conflict with your desires.

The comfort and peace of mind an advanced healthcare directive gives is invaluable. Knowing you will not be a burden to your family allows you to calmly live knowing any necessary medical decisions will be made by someone you trust.

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Thursday, April 26, 2018

An Overview on LLC Taxation


Calculating and paying for taxes is never easy. It's especially tricky if you are a member of a limited liability company, since this business structure allows for a wide range of tax treatment options. Lucky for you, there's this guide to help you navigate the murky waters of LLC taxation.

General Rules

How your LLC will be taxed depends on whether the IRS views your company as a sole proprietorship, a partnership, an S corporation, or a C corporation. The IRS may tax the individual members, the LLC as a whole, or both. Remember that the LLC is legally considered a different business entity from the members comprising it. Understanding this distinction will make the concept of LLC taxation less confusing.

Sole Proprietorship

LLC taxation for one-member companies is straightforward: the lone owner pays the LLC's taxes based on the company's net income. There is no need to file separate returns for the owner and the company.You can choose to have your company treated as a corporation-provided that you also allow it to be taxed as such.

Partnerships/Multi-Owner LLCs

Multi-owner LLCs file two separate tax returns: the 1065 partnership tax return for its business income, and the Schedule SE tax form for the self-employment taxes of each member. Self-employment taxes depend on the agreed profit-loss sharing between the members.

C Corporation

LLC taxation rules for this business structure work like that of a standard corporation. Essentially, the aggregate profits of the C corporation are taxed according to the prevailing corporate tax rate, and any profits distributed as dividends among members are taxed according to the dividend rate. Though the members don't need to file individual returns, they still need to pay payroll taxes in behalf of their employees.

S Corporation

The LLC taxation system for S corps is unusual. A return is filed in behalf of the LLC (i.e. Form 1120S), but the company's profits aren't taxed as a whole. Instead, tax money comes straight out of the individual members' pockets, again according to their operating agreement. The members declare these taxes via individual returns.

The LLC taxation system is only one of several considerations you have to bear in mind when choosing an LLC structure. All of these have their pros and cons, and it's important that you do your research on which structure is in the best interest of your company. Always take time to consult the experts, like your lawyer, accountant, or even registered agent.


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Wednesday, April 25, 2018

What Is a Deed of Trust and What Is It Used For?


A deed of trust is a term for a document which has a specific legal meaning in the United States not shared in other parts of the world. It means that the value of land or so called real estate is transferred to a trustee who holds the land or real estate as security in relation to a loan. The usual language used to describe the person borrowing the money is that of trustor whilst 'beneficiary' is the word used to describe the person that benefits from the deed, or in plain English the person or institution that lent the money.

This type of legal document is only relevant in a few states. The states which usually use this type of deed are Alaska, Arizona, Arkansas, California, Colorado, the District of Columbia,Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. The other states in the United States tend to prefer the use of mortgages to secure the interests of lenders in relation to real estate transactions. Theoretically, the loan to which this type of deed relates is created in such a manner that lending institution or person transfers money to the trustor so that they may purchase the property so that the purchaser may then transfer this money to the person selling the property and the seller then executes a grant deed followed by an accompanying trust deed executed by the purchaser to create the trust deed. However, the usual practice is that the property is put into the hand of an escrow holder until the funds are available and the grant deed and deed of trust are in the possession of the escrow holder to enable the reversal of the purchase if all of the necessary elements do not fall into place.

A trust of this type is certainly distinguished from the nature of a mortgage because this type of property document revolves around three parties. A mortgage is only ever between two parties. Also, a trust of this nature does not actually involve a transfer of title from the mortgagor to the mortgagee in the way that a mortgage does. Usually, the method of documenting a deed of this nature is with the county clerk near the location of the property. This enables the searching and registration of encumbrances and interests in the relevant property such that it is possible to have an open system of property registration.

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Monday, April 23, 2018

Over 100 Legal Document Services at By the People



Rene of By the People in Fairfield CA gives a short overview of their services and the number of legal documents they can help with. For questions, call Rene or Tammy at 707-428-9871 and you can visit their website at http://www.bythepeopleca.com

Sunday, April 22, 2018

Conservatorship Information



A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Saturday, April 21, 2018

Estate Planning Tips for People Going Through Divorce


Divorce is stressful period of transition and change for most people. While there many things on which you will need expend your attention during this challenging time, you should not forget that your estate plan also requires addressing now that you've experienced this life change.

One of the first things you will want to do is update your will. Generally, your will names your spouse by name, so if you die and your will leaves a sizable inheritance to "John Doe" or "Jane Doe," then your executor (or the trustee of your trust) and the courts will be obliged to follow this instruction, even if this person is your ex-spouse. For many people, such an outcome might be especially frustrating and painful, so you should deal with updating your will promptly.

You will also need to go through any asset or account that has a death beneficiary destination on it to remove your ex. Recent court cases have ruled that, even if you divorce your ex and update your will, your ex will still receive the money from your life insurance or retirement account if you do not update the paperwork on those accounts. The single determining factor regarding who gets your transfer-on-death or pay-on-death accounts is the name on that account's death beneficiary designation form, so it is vital that you make sure you update each of these accounts.

Additionally, you'll want to tend to your powers of attorney and living will. Chances are, you do not want your ex managing your financial affairs or making healthcare decisions (including end-of-life decisions) for you after you're divorced. Executing new powers of attorney and a new living will is often a relative quick and straightforward process.

If you have a living trust, you should investigate updating this part of your estate plan, as well. For many people, their spouses may not only be beneficiaries of their trusts, but trustees, as well. A capable estate planning attorney can assist you with making the changes your trust needs to address your divorce.

Finally, you do not have to wait until your divorce is finalized in order to begin updating your estate plan. Even if you anticipate that your divorce may take several months or years to complete, you can (and should) start working on updating your estate plan right away. Keep in mind, though, that the law in every state says that you cannot disinherit your spouse so, even if your preference is to leave your ex nothing, you will not be able to make that happen until the divorce is final.


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Friday, April 20, 2018

The Benefits of Legal Separation


Legal separation and divorce are very similar and they hold basically the same legal functions except for the fact that with a separation, you do not terminate your marital status. When a couple decides to become legally separated, it is not merely a verbal agreement. They can't simply say that they are not in love anymore and one of them will move out of the family home. Instead, they must go through the same process as couples who wish to undergo a divorce.

In a legal separation, the same issues will be addressed as in the termination of a marriage. The couple will have to sort out issues relating to asset division, property division, child support, child custody, visitation and spousal support payments (if there are any). The couple will also have to decide who will pay which debts as well.

There are a number of reasons why parties choose this rather than divorce, and the reasons are usually personal. People can choose separation for religious reasons, personal beliefs, health insurance concerns, or other financial reasons.

Oftentimes couples will decide to remain married for one of two reasons: either for the sake of their children, or for a financial reason. For example, if a non-employee spouse has a pre-existing medical condition or some other serious medical condition; they may need to stay on their spouse's medical insurance so they can keep getting necessary medical care.

In some cases the couple may need to remain legally wed until they reach the ten-year deadline for certain Social Security benefits. This holds true for the ten-year deadline for military enforcement advantages or, the twenty-year deadline for PX and commissary benefits.

There is another substantial benefit and reason why people choose legal separation and it has nothing to do with health insurance or money. They may be unsure if they really want to end their marriage; therefore, the time apart offers them a "cooling off" period where they can have time to think about what they really want. They may realize that they really do love each other, and later decide that they want to get back together. It's a lot easier to get back together after legally spending time away from one another as opposed to having to go through the process of remarrying.

Religion and culture can play a significant role in why couples decide to separate instead of divorcing altogether. In certain religions, divorce carries a negative stigma that many couples wish to avoid. With legal separation the couples can enjoy all the material benefits of a divorce without having to deal with the negative stigma attached. Separation does not allow for remarriage unless the marriage is terminated through a divorce, but it can be assumed that people who part for religious reasons don't plan to remarry anyway.

In many cases it is more affordable for the spouses, especially when the dependent spouse relies heavily on their spouse for medical insurance. When you factor in the quality of life enjoyed through the marriage, along with how much money it would cost for the dependent spouse to take out their own medical coverage (similar to what their spouse has been carrying), then it can be reflected in the alimony payments. Sometimes it is less expensive and allows the dependent spouse to remain on the health insurance, as opposed to paying them larger alimony payments, thus saving the expense for both parties.

Getting a separation in California does require some legal paperwork and going through the court system. The same as in a divorce, you want to have a qualified attorney representing your best interests when handling important matters such as child custody, child support, asset division, property division and possible spousal support payments. If you would like to enjoy the benefits of a legal separation, contact a skilled and knowledgeable divorce attorney without delay!

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Wednesday, April 18, 2018

Who is Entitled to a Copy of a Will?


When a person dies and leaves a will, who gets a copy of that will? Watch this video and learn more about who is entitled to a copy of a will.

Tuesday, April 17, 2018

Estate Planning : Family Estate Trust or Revocable Living Trust?



Most people who ask for family estate trusts really want a revocable living trust to reduce estate taxes and manage finances.

Monday, April 16, 2018

How Much Does Probate Cost and How Long Does It Take?


The answer depends on the complexity of the estate and the required probate procedures in your state.

Sunday, April 15, 2018

How to Form an LLC - A Simple, Straightforward Guide


Forming an LLC (Limited Liability Company) is not as complicated as most people think. While each state has its own unique list of steps and requirements, you'll find that they have the important things in common. So whether you're establishing your LLC in business-friendly Delaware or in rural Wyoming, it's likely that you'll need to go through the following steps if you want to form an LLC:

1. Choose a business name.

It helps to have a short list of possible business names to choose from before you register your LLC. Some of the business names you want may already be taken, or they might violate a trademark. Don't worry too much about this, though. Most states have a searchable database online where you can see if the business name you want is already being used. Also, remember that your business name must be followed with a designator identifying it as an LLC. Some valid ones include "Limited Liability Company", "Limited Company", "Ltd. Liability Co." and the acronym "LLC".

Once you've selected a valid name for your LLC, don't worry about registering it. Usually, it will automatically be registered once you complete the second step.

2. File your Articles of Organization.

Simply put, your LLC's Articles of Organization is a document containing basic business information such as your business name, address, purpose, and the names of the owners. This is often a ready-made form that you can get from your Secretary of State's office. While you're at this step, it also helps to ask them about the fees and requirements involved in setting up an LLC. This will help you plan for the later steps.

As you file your Articles of Organization, you will be required to pay a filing fee. This is usually inexpensive, but if you want the filing to be expedited you will have to pay a few hundred dollars more. Keep in mind that some states have additional fee requirements. For example, LLC owners in California are also asked to pay $800 in business tax on filing, to be repaid annually.

3. Create an Operating Agreement.

Though operating agreements are not required in all states, it's handy to have them from the start - especially if the LLC will be owned by more than one person. Your LLC's operating agreement should contain information about the role of each owner, how profits and losses will be shared, as well as the operating rules and bylaws of the business.

4. Submit other miscellaneous requirements.

Since business laws vary from state to state, there are probably specific requirements you need to submit depending on where you're establishing your LLC and what kind of LLC you have. For example, if you're starting a business that sells and distributes liquor, you'd need a specific liquor license for that. Other requirements may include zoning permits, publishing a classified ad announcing your LLC, and practice permits for specific professions.

As you can see, it's really simple to set up your own LLC. All you need to do is to follow the steps above while being aware of the unique documents and fees required by your state.

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Saturday, April 14, 2018

Is Probate Necessary?


Whether probate is necessary depends on what property the decedent owned, how it was held, and on the law of state in which the decedent died and the laws of any states where the decedent held property.

Friday, April 13, 2018

What You Should Know About Annulment


An annulment is a declaration by the circuit court that there is a defect int he marriage such that the marriage is void. Contrary to popular belief, you cannot have your marriage annulled because you did not consummate the union or because you changed your mind shortly after the ceremony. To qualify for an annulment there must be a defect which goes to the heart of the marriage. If the marriage is valid, the only recourse is to file for divorce. A divorce dissolves a valid marriage, whereas an annulment recognizes and declares a marriage to be so defective as to be non-existent.

A marriage may be void or voidable. The grounds for the annulment determine whether the marriage is void or voidable.

Void Marriages~The following marriages are void from the start and consequently not recognized at law: 1) a marriage to someone who is already married and 2) marriage to a close relative. Under these circumstances, the marriage is void from the start. Either party may petition the court for an annulment. There is no limitation as to when the suit may be filed. It is important to note that if one party was married to someone else at the time of the marriage, the subsequent death of the other spouse or the subsequent divorce from that spouse will not validate the marriage. The only way to validate the marriage in such a case is to remarry after the problem has been resolved.

Voidable Marriages~A voidable marriage is legally valid unless one of the spouses files for an annulment. Marriages are voidable, if one of the spouses: 1) was physically or mentally incompetent at the time of the marriage, 2) consented to the marriage under fraud or duress, 3) was a felon or prostitute without the other's knowledge, 4) was impotent, 5) was pregnant by another man without the other spouse's knowledge, or 6) fathered a child by another woman within 10 months of the marriage without the other spouse's knowledge. Please note that it is the "wronged" spouse who has the grounds for annulment and not the spouse who perpetrated the fraud.

Unlike void marriage, courts will not grant an annulment of a voidable marriage if the spouses continue to cohabit or live together as husband and wife after discovery and knowledge of the circumstances constituting grounds for the annulment. If there is cohabitation with knowledge of the circumstances or if you have lived with your spouse for two years or more before filing a petition for annulment, you will be required to file for a divorce instead of an annulment. We had the unpleasant task of telling a man who had been married five years that although he had grounds to annul his voidable marriage, he waited too long to file for annulment. He had to file for divorce.

The Procedure~The procedure for an annulment is the same as for a divorce. The only procedural difference is the grounds for the law suit. However, the relief available in an annulment is different tan in a divorce.

The Relief~While the court may make a temproary order for spousal support and attorney's fees, curing the pendency of the annulment suit, the court has no authority to grant post-annulment "spousal support" or equitable division of property and debts. If there are children, the court may rule on custody and child support, even if the marriage is void.

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Thursday, April 12, 2018

Why Making a Will Is An Important Task for Your Family And You


All our lives we work hard to ensure that our family never has to face a difficult time ever but we promptly forget all about them at the end. We are talking about preparing wills or last testaments that people almost always don't prepare or unnecessarily delay due to a psychological block. The psychological block is our inherent fear of death which is aggravated during the making of a will. The preparation of a will is almost an indication of our own mortality and that is something none of us want to accept.

But whether we accept it or not, our mortality is the only truth and we must keep the responsibility of taking care of our family with us. A will could save our family from a host of troubles out of which some could be huge hassles that will need a lot of time and resources to solve. Say for example, the most common form of trouble that comes from the non preparation of a will is property disputes. Normal property disputes could siphon off huge amounts of time and resources. Plus there is no guarantee that the problem will be solved within a stipulated time. Property disputes are known to stretch for years and some even extend till the death of the supposed beneficiary. This means there are chances that your family might never get to enjoy the property that rightfully belongs to them.

Does that statement depress you? But that's simply the beginning as there will be more and more problems associated with non-existence of a will.

The next problem that could occur is the proper division of the property and in case of common ownership of a property- the lack of a trust fund. These are legal wrangles that could again put pressure on your family or dear one's resources.

Making a will is the best form of property management as the methods of division are expressly mentioned in the will. Without the existence of a will there are chances that the beneficiaries or dependents will have a tough fight in their hands to ensure their right on the property. Then there are properties which have common ownership and for those you need to create a trust fund. But that's again not possible without the presence of a will or testament.

Make a will immediately as this will not only guarantee the peace and security of your loved ones but also give you the strength to accept your own impending mortality.


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Wednesday, April 11, 2018

Legal Document Preparation - By The People


Rene talks about how By The People Document Preparation Service in Fairfield CA can help people with uncontested legal matters in an inexpensive way. See more at http://www.bythepeopleca.com, or call 707-428-9871

Tuesday, April 10, 2018

Estate and Retirement Planning - How Can My Estate Avoid Probate?


If you are a retiree, you likely have heard many claims made about probate problems. The word itself may even fill you with dread. If you are planning your estate, there are some things you should consider concerning probate. In this, as in all things, it is important to take a balanced approach. Let's review some of the issues pertaining to probate. Then you can decide if you need to approach your estate planning differently.

What is the purpose of probate?

You have heard this word many times, but may never have considered what it means. In legal terms, probate is the period of time during which a will is proven authentic or valid. The purpose of probate is to distribute an estate according to the decedent's wishes described in his or her will. Typically, the first step of probate is to use the person's probate assets and property to pay all debts. After that, any remaining assets and property are distributed to persons named in the will. There may be costs associated with the probate process.

Probate ensures that your wishes for the distribution of your estate are carried out upon your death. Probate is a public process. If your estate is of any size, your heirs could suddenly have new friends trying to advise them on how to manage their newly inherited assets.
People often assume all assets are subject to probate, which raises the following question.

Are all assets subject to probate?

No. Some assets are excluded from probate. An example would be assets that are held in joint ownership with rights of survivorship, such as your personal home. Other assets not subject to probate are those governed by a beneficiary designation. This would include assets such as your 401(k), IRAs, life insurance policies, and annuities. Additionally, assets held in a trust are not subject to probate. If the majority of your estate assets are held in accounts of this type, you may not have that much to be concerned about.

What about my brokerage and bank accounts?

These types of accounts can be set up to transfer on death (TOD) to a beneficiary. This designation allows you to pass securities and banking accounts directly to another person (your TOD beneficiary) upon your death without having to go through probate. By setting your accounts up this way, the executor or administrator of your estate will not have to take any action to ensure that your accounts transfer to the person you have designated. The TOD beneficiaries will have to take steps to retitle the accounts in their name, but this is not a very cumbersome process.

As you can see, probate may not be as bad as you have heard. There are many things to consider during the estate planning process.  

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Saturday, April 7, 2018

Probate Process - What Is Probate? The Steps to Administering an Estate


Most people have heard the word probate before, but they might be wondering 'what is probate?' The probate process can refer to several things. The probate court determines whether or not a will is valid. If an executor is not named in the will, the court will assign an executor to perform those duties. However, the entire process of administering the estate of the deceased according to the will's instructions can also be referred to as probate. Many people think that an executor simply reads the will and hands out the bequests to the heirs. There is so much more involved in the duties of an executor during probate.

The actual court probate process is only a part of the responsibilities of the will's executor. The first duty is to file a petition to start probate in each of the states where the deceased owned property. Because each state has slightly varying probate laws, the answer to the 'what is probate?' question will change a little depending on a specific state's legal code. However, there are some common events between states when it comes to processing wills and other estate administration. Before the executor of the will can even be formally appointed or approved, a petition has to be filed, a notice of petition must be published with a certain amount of lead time (usually at least 15 days), the legal documents must be given to the judge for approval, and the concerned parties (such as beneficiaries) must be notified.

Following these notifications, the court hearing will formally begin the probate process and approve the named executor of the will. After the court hearing, the executor needs to inventory all of the deceased's assets. This information has to be filed with the probate court. Next, all creditor's claims are addressed and paid off. The IRS also has to be paid. It is the executor's responsibility to file all taxes, including income, estate, and others, by their respective deadlines. The timelines are not adjusted due to the death of the taxee. What is probate? It's probably a lot more than most people realize.

Once all debts and taxes are paid, the executor of the will files a petition for the judge's approval of the distribution of assets to the beneficiaries. The concerned parties are notified, and there is a court hearing where the judge approves the distribution of assets. Finally in the probate process, the executor transfers those assets to the beneficiaries. These steps are the main answer to the 'what is probate?' question.

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Friday, April 6, 2018

Do You Need a Registered Agent When You Form an LLC or Corporation?


When you're busy planning the formation of an LLC or corporation, its easy to overlook some details, even the important ones. Every corporation or LLC must have an agent who is designated to receive official correspondence and notice in case of lawsuit.

Registered agents are also known as resident agents or statutory agents, and they serve an important role in your company.

In most states, the resident agent must be either an adult living in the state of formation with a street address, or a corporation or LLC with a business office in the state that provides registered agent services. If you form an LLC or incorporate in your home state, any officer or director, or manager or member in the case of an LLC, may act as the resident agent. Having a third party act as the statutory agent comes with some advantages, however, including increased privacy and reducing the risk that you will be surprised at home with court papers for a lawsuit.

Doing Business in Another State

So, what happens after you incorporate in Delaware, for example, and then decide to start doing business in New Jersey? At this point, you will need registered agent service in the new state. The agent's address can also be where the state send annual reports, tax notices and notices for yearly renewals of the business's charter.

You will be required to maintain a resident agent in any state where your company does business, and the agent's office address and name must be included in the articles of incorporation giving public notice.

Finding a Statutory Agent

Most corporate service companies provide registered agent service, which includes forwarding any tax notices or official documents from the Secretary of State and the acceptance of legal service of process to forward to your company. Basic levels of service include a legitimate working office, compliance management, information shielding and document organization as well.

Agents, or statutory agents, serve an important role. After all, you will lose by default if you can't be served or the paperwork isn't passed to you properly, so a reliable registered agent is your first line of defense against opportunistic lawyers. It's usually best to choose someone else as your registered agent, as you don't want to be served in front of employees or customers in a working office, and a good agent will protect your personal information from appearing online.


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Thursday, April 5, 2018

How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce


An uncontested divorce is the most common type of divorce. An uncontested divorce is a divorce that occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child support, etc. An uncontested divorce can be an easy way for people to get divorced without the hassles of a legal struggle and undue wear and tear on emotions.

But, you may not be ready to seriously consider uncontested divorce if you're just thinking about it.

Thinking about an uncontested divorce can mean a variety of things from a psychological perspective...it could mean that you are really on the brink of divorce.

It could also mean that you're feeling frustrated and just want to end things as fast and quietly as possible. If this is the case, you may want to make sure that you aren't just being lazy and you should examine your reasons for divorce first before you go any further.

"Does it mean I am really ready for divorce just because I am starting to think about an uncontested divorce?"

Maybe, maybe not.

Here's a few things you might want to think about before going onto next steps with regards to an uncontested divorce, just to make sure that you're really ready to go through with it.

Uncontested divorce situation 1:
You're thinking about an uncontested divorce because you want out but you aren't sure if your spouse is ready to call it quits.

This can be tough if you aren't careful. The main point of an uncontested divorce is to have both parties agree on things. If your spouse doesn't even know that you're thinking about getting a divorce, mentioning an uncontested divorce may result in an explosive discussion.

Uncontested divorce situation 2:
You've both agreed that you'd like a divorce, but haven't really clearly defined why, you just know you both feel ending the marriage is best.

Maybe there's a chance to make your marriage work! Don't be too hasty. If you can't clearly define why you and your spouse want to end your marriage, you're acting on emotion rather than a healthy combination of emotion and logic. Sit down, think it through and have a detailed discussion around all of the details.

But, be careful...this can be a volatile situation if you haven't talked everything through and mutually agreed on how you'll actually implement your divorce decision to have an uncontested divorce.

If one of you is more demonstrative than the other or is usually the person who drives the decisions, that sense of control may carry over into the discussion of the terms of the uncontested divorce.

Uncontested divorce situation 3:
You both agreed that you'd like a divorce (and you both know why), and you've successfully talked about and agreed on all of the details regarding the uncontested divorce.

Although it can be a sad situation most of the time, sometimes a divorce is actually a good thing unfortunately. If you and your spouse have amicably decided to part ways and can continue on as responsible happy adults, then an uncontested divorce can be an easy way to sever the relationship and all legal obligations. This is the best situation to be in if you're looking for an uncontested divorce...it should be simple to finish from this point.

Lots of people think about uncontested divorces and never go through with getting one because they actually work things out...and that's a great thing! And, some people think they want an uncontested divorce but haven't agreed on the details and terms, they're just looking for the fastest way to end the marriage. If this is the case, the relationship can turn from being amicable (and each party thinking they want a divorce) to being nasty and a resulting tug of war ensues with each person striving to get what they feel they deserve out of the divorce...and this can lead to a drawn out negotiation which certainly is not an uncontested divorce.

Be smart when you're considering an uncontested divorce...make sure that you're really ready to go through with it. Don't let the term 'uncontested' fool you, an attorney can ethically and legally on represent one of the married parties. But, if you and your spouse can truly be amicable and truthful, an uncontested divorce can be easy.

Karl Augustine

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Wednesday, April 4, 2018

Probate Court Will Appoint a Personal Representative to the Estate


The probate court will appoint a person to represent the decedent and to administer the decedent's estate; this is called a personal representative. This person has a variety of names in the absence of statue to the contrary depending on various circumstances. This being, if the decedent died testate and designed such a person in his will. The court usually will appoint that person the executor (man) or executrix (woman).

If the will does not so designate any such person or the person so designated is unavailable or is unqualified to be the personal representative; the court will appoint someone else as the appointed one is called the administrator. If the personal representative cannot complete the duties, the court will appoint a new personal representative.

The responsibilities of the personal representative is to administer the decedent's estate. This is in accordance with the legal directions as expressed by the testator in the will. All is within accordance with the statute of descent and distribution with respect to an intestate estate.

This involves the collection do to the decedent's property which forms the decedent's estate. Payment of claims against the estate is distribution of the remaining property. Directions are provided in the will or pursuant to the statute on descent.

The personal representative must post a bond to assure that he one she properly carries out their responsibility, unless the will expressly waives the requirement of a bond. If you'll simply file a Living Will, then your family will not have to go through probate court system. This is if you have a small estate however, if it's a large estate then you'll probably have to go through probate.


Article Source: http://EzineArticles.com/expert/Gary_W._Cooper/193445

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Tuesday, April 3, 2018

Irrevocable Vs Revocable Trust


Establishing a living trust is critical to the ability to protect your assets and beneficiaries when you die. But many people don't know that there are two types of trusts - irrevocable trusts and revocable trusts. With irrevocable trusts, the grantor's assets are moved out of the estate. In a revocable trust, assets stay in the grantor's estate. There are advantages to each type depending on the grantor's specific circumstances. Here is a rundown on the differences between the two types of trusts.

Irrevocable Trust

Most people are unaware of the advantages that this type of trust provides:

  • Asset Protection - Moves assets out of the grantor's hands, keeping it safe from lawsuits or creditors. A trustee has the power to make decisions with or without the input of the grantor.
  • No Estate Taxes - Many people are attracted to these trusts because they are protected from federal estate taxes.
  • No Capital Gains Taxes - A skilled lawyer will be able to move assets into irrevocable trusts so as to avoid capital gains taxes. This cannot occur with revocable trust.

Before placing assets into this type of trust, make sure that the grantor will never need them. While it is possible to retrieve assets, it is very difficult and time consuming.

Revocable Trust

Most people have an idea of what this type of trust is. Grantors without complicated tax issues that want to still maintain control over their assets, often choose to have a this trust.

  • Mental Disability - Individuals who fear that they will one day be incapacitated, may want to designate a trustee to handle their assets which can include extensive instructions that the trustee must carry out. This is called a Disability Trustee.
  • To Protect Beneficiaries and Property - Keeps your property and assets out of probate. This ensures that your documents stay private and out of the public record. If privacy is important to you, consider a Revocable Living Trust as opposed to a Last Will and Testament which becomes a matter of public record that can be seen by anyone.
  • To Avoid Probate - Assets at the time of a person's death will pass directly to the beneficiaries named in the trust agreement and avoid probate.
  • For Flexibility - These types of trusts can be changed. If you have a second thought about a particular item or beneficiary, you can modify the document through a trust amendment. If you don't like the trust as a whole, then you can revoke the entire document.
Word of Caution: These trusts offer not creditor protection. If the asset holder is sued, the items in the trust are fair game. Upon your death, those assets will be subject to federal and state estate taxes.


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Monday, April 2, 2018

Annulment Versus Divorce



There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.

Sunday, April 1, 2018

What Are the Different Business Legal Structures?


There are several common legal structures that you can set your business up under. Which one you chose is going to depend on what kind of business you are setting up, who else is involved in this plan with you, your own personal preferences, among several other factors.

Here is a quick overview of your options.

Sole Proprietorship

This is still the most common type of business structure, particularly for small businesses that are just starting out. This means that one person owns and is responsible for the business. They make all the decisions, but they also hold all the financial responsibility. The profits or losses from the business are reported on the proprietor's personal taxes.

General Partnership

This is very similar to a sole proprietorship, except that there is more than one person involved in owning and operating the business. The business is still connected to you, but also to your partners. This means you all share in the management and financial responsibilities of the business.

Corporation (LTD or INC)

A corporation is an entity that is formed and does business on its own, separate from anyone personally. This means that the financial situation of the business does not roll over onto the person who owns the business.

While this may seem like the better option to avoid personal liability if something happens within the business, it can be extremely tedious and expensive to set up and maintain. This is not a viable option for most small business owners because most of them cannot afford the set up fees or maintenance of records required.

Limited Liability Company/Corporation (LLC)

This is a newer and very popular type of business structure because it offers the benefits of a corporation, does not require a lot of the same hassle. Unlike a limited liability partnership, you can set up this type of company with only one person. It provides a lot of the financial protection of a corporation, but does not require as extensive measures to upkeep.

Limited Liability Partnership (LLP)

This is a different type of partnership, but it also provides some of the financial protection of a corporation. Unlike an LLC, you must have at least two partners. However, it is easier to maintain and keep your structure than an LLC. This business structure is also much more common in the UK, which LLCs are more popular in the US.

How you set up your business is an important decision. The structure you choose could make a big financial and legal difference. It will depend on many factors, including local laws. Take the time to research your options and talk to an accountant or other business professional and anyone else involved in your business before making your decision.

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