Providing for your family’s future is a very loving and carefully though-out act. An estate planning lawyer will prepare a will, codicil, an advance directive, power of attorney, and any other document that provides for the distribution of your estate when you die or are gravely ill. Without a will, you run the risk of allowing the court decide who receives an inheritance from your estate. An estate planning lawyer will protect your wishes should someone try to contest your will and initiate a settlement for your estate that you did not want.
Entries in the 'Estate Planning Wills Trusts' Category ↓
RECENT VICTORY IN COURT OF APPEAL, SECOND APPELLATE DISTRICT
February 23rd, 2010 — Estate Planning Wills Trusts
RECENT VICTORY IN COURT OF APPEAL, SECOND APPELLATE DISTRICT
San Luis Obispo Zoning Ordinance Lawyers – Carmel & Naccasha
Zoning Code in San Luis Obispo, CA - Carnac & Naccasha, Estate Planning Attorneys at Law
1-19-10
We are very pleased to report a recent victory in a case before the Court of Appeal, Second Appellate District. Firm partners Mike McMahon of Carmel & Naccasha’s Paso Robles office and Tim Carmel, District Counsel for the Cambria Community Services District (the “District”) had judgment in favor of Cambria affirmed by the Court of Appeal in a case in which the plaintiffs alleged that the District “took” their property in Cambria by refusing to provide water service to the parcels.
Plaintiffs Gregg Berge and Eagle Nest filed a lawsuit in San Luis Obispo County Superior Court alleging Inverse Condemnation and Breach of Contract arising from their inability to obtain a commitment from the District to provide water service. The District challenged the plaintiffs’ complaint, arguing that the lack of merit in plaintiffs’ claims had previously been decided by the court in numerous previous actions filed by Mr. Berge. The trial court agreed and issued judgment in the District’s favor.
On appeal, plaintiffs attempted to cast their claims as something different from what Mr. Berge had asserted in his prior unsuccessful suits. The District argued that regardless of the label the plaintiffs applied to their dispute with the District, the applicable facts and law were precisely the same as those involved in the prior suits. The District also argued that even if plaintiffs’ suit was not barred by the adverse decisions in Mr. Berge’s prior lawsuits, the plaintiffs did not allege a legal “taking” because they bought properties without water rights and consequently had no water rights taken.
In a unanimous decision, the Court of Appeal determined that the plaintiffs’ entire action was barred by the court’s rulings in Mr. Berge’s prior actions. The Appellate Court determined that what the plaintiffs sought in this case was precisely what Mr. Berge unsuccessfully sought in his prior lawsuits: a commitment from the District to provide water service. The Court of Appeal also took note of the fact that Mr. Berge was declared a vexatious litigant because of his repeated filings alleging the same claims.
Estate Planning Law Firm In Tampa
February 16th, 2010 — Estate Planning Wills Trusts, Profiles
Emanuela “Ella” Gentile, a is an associate in the law firm of Phillip A. Baumann, P.A. She is a first-generation Romanian immigrant and former Southern California resident. She received her B.A. from U.C.L.A. in 2003 with double majors in political science and history. In 2007, Ms. Gentile received her J.D. from Florida State University College of Law.
While in law school, Ms. Gentile worked with the Children’s Advocacy Center as a certified legal intern. She represented indigent children with special needs against the Agency for Persons with Disabilities.
Ms. Gentile gained her initial experience in estates and trusts working as an administrative assistant for Phillip A. Baumann, P.A. in the years between college and law school. She returned to the firm after law school to apply her considerable insight and client compassion as an estate planning and estate administration lawyer.
Member
- Hillsborough County Bar Association
- Tampa Bay Estate Planning Council
- The Florida Bar
- Florida Real Property
- Real Property, Probate and Trust Law Section of the Florida Bar
- Young Lawyers Division of the Florida Bar
Practice Areas
Ms. Gentile is married to Tampa native, Jesse Gentile, an instructional systems designer and director of Assembly Care Ministries, Inc. Jesse and Ella Gentile have an infant daughter.
Lori Mayfield – Attorney in Fresno, CA
February 3rd, 2010 — Business Law, Estate Planning Wills Trusts, General Practice Attorney, Profiles
Lori Mayfield, an attorney in Fresno, is a partner at Mayfield & Leath, Attorneys at Law representing public entities, contractors, businesses and individuals in a variety of cases from personal injury and premises liability to product liability and construction defect litigation.
Prior to embarking on her legal career, Ms. Mayfield earned her Bachelor of Arts degree in journalism from Western Washington University, and worked as a reporter for the Tulare Advance Register and as a news producer for the CBS affiliate in Fresno. Her work covering law enforcement and court stories inspired her to enroll in the San Joaquin College of Law, where she earned her Juris Doctor degree with distinction in 1994. She was admitted to the California Bar the same year. Since then, Ms. Mayfield has furthered her legal education by attending programs at the Hastings College Cotchett Trial Advocacy Center and the Strauss Institute for Dispute Resolution at Pepperdine University School of Law.
Ms. Mayfield, a Fresno Lawyer, is an active member of the Fresno community. She is a board member of the Hands On Central California, Central California Legal Services, and the Fresno County Economic Opportunities Commission, and an alumna of Leadership Fresno. She also serves as a judge pro-tem for settlement conferences and mediations as well as in the traffic court for the Fresno County Superior Court.
You contact one of our Fresno Lawyers by calling: 559-761-0292
Mayfield & Leath, Attorneys at Law
1500 West Shaw
Suite 204 Fresno, CA
Wills & Probate Attorney in Tampa Florida
February 1st, 2010 — Estate Planning Wills Trusts, Probate Law Settlements, Profiles
Phillip A. Baumann is the principal in the law firm of Phillip A. Baumann, P.A. Mr. Baumann, one of the first Florida attorneys to be board certified as a specialist in the field of Wills, Trusts and Estates, is Past-Chair of the Florida Bar Elder Law Section. He has practiced estate, trust and elder law from his Tampa and Sun City Center offices for over 30 years.
Phil is also:
* Past President of the Tampa Bay Estate Planning Council;
* Past Chair of the Florida Bar Trust Law Committee;
* Member of the Executive Council of the Florida Bar, Real Property;
* Probate and Trust Law Section;
* Member of the Probate Law Committee and Past Member of the Probate Rules Committee of that Section;
* Fellow American College of Trust and Estate Counsel
He has spoken and written on estate, trust, and elder law matters for:
* The American Bar Association;
* The Bar Association of the City of New York;
* The Florida Bar;
* The West Pasco Bar Association;
* The Tampa Bay Estate Planning Council;
* Pinellas County Estate Planning Council;
* The Estate Planning Council of Northwest Florida
* The National Business Institute.
In 2007, “Florida Trend Magazine” named Mr. Baumann one of Florida’s Legal Elite, as elected by other Florida lawyers. Mr. Baumann has also had the Martindale Hubble Legal Directory’s highest rating of AV for many years. That rating is also conferred after surveying other Florida lawyers.
Mr. Baumann is married to Nancy S. Baumann, who operates a title insurance business serving the St. Petersburg and Tampa areas. They have three children ages 29-32, and one grandson.
Mr. Baumann serves on the Board of Directors of the Judeo-Christian Health Clinic, Inc. and MacDonald Training Center, Inc.
Keywords: Tampa Will Lawyer , Probate attorney in Tampa , Estate Planning in Tampa Florida
I’ve Been Appointed as Executor; What’s Next?
January 8th, 2010 — Estate Planning Wills Trusts, Probate Law Settlements, Settlements, Verdicts
One of the key aspects of preparing a Last Will and Testament involves the appointment of an Executor to administer the estate. Learning that you have been appointed as the Executor of a loved one’s estate can be overwhelming if you are not equipped with a thorough understanding of the duties and procedures ahead of you. A trusted probate attorney will ease your mind by both educating and guiding you through the position, from the application for admission of the Will to probate to resolution of the estate.
An Executor is an individual appointed by a person creating a Will (called a “testator”) to administer his or her estate at death. This means that the Executor will generally be the person to apply for the admission of the Will to probate, attend the probate hearing, receive letters testamentary, gather estate assets, and ultimately distribute those assets to the estate beneficiaries pursuant to the terms of the decedent’s Last Will and Testament. Serving as an Executor is a fiduciary position that comes with a great deal of responsibility; therefore, for those preparing a Will, the decision as to who should serve in the role should be made with substantial consideration. Executors are liable to the estate beneficiaries, and may be challenged or removed upon a determination of misconduct.
The Lewisville probate attorneys at the Law Office of Dale A. Burrows, P.C. are available to discuss in detail the responsibilities of an Executor, including the particular steps that need to be taken and the order thereof. In general, the Executor’s responsibilities include collecting and securing estate assets, completing the Inventory, Appraisement and List of Claims, paying estate creditors, filing tax returns, paying taxes, and ultimately distributing the estate property pursuant to the provisions of the decedent’s Will.
Very often, testators choose to appoint their spouse as Executor, if they are married. Others will choose to appoint a child, a sibling, or other trusted relative. A person creating a Will will be afforded a great deal of latitude in selecting her Executor, with only a few intuitive categories of persons being declared off-limits by the state of Texas. For example, a probate court will rule that a person is disqualified from serving as an Executor if he or she is a convicted felon, incapacitated, a non-resident of Texas who has not appointed a registered agent in Texas, a corporation not authorized to act as a fiduciary in Texas, or any other person whom the court finds unsuitable.
Texas law does allow a testator to appoint an Executor who is not a resident of the state of Texas. However, such Executor must appoint a registered agent within the state of Texas to accept service of process for all matters relating to the estate, and he or she must file such appointment with the court.
If you have been selected as the Executor of an estate, it is of the utmost importance to thoroughly discuss your rights, duties and obligations with a qualified Texas probate attorney who will guide you through the Texas probate system and equip you with the knowledge necessary to competently and efficiently carry out your duties.
This article was provided by Ashley Flotte at the Law Office of Dale A. Burrows, P.C., a law firm also helping clients to file divorce in Lewisville, estate planning, criminal defense cases, and DWI’s. Dale A. Burrows, P.C. is located at 702 S. Denton Tap Road, Suite 100 Coppell, TX Dallas & Denton.
Real Estate Closings in Tampa – Buyer Closing Costs
January 5th, 2010 — Estate Planning Wills Trusts, Real Estate
Real Estate Closing Costs in Florida
Closing costs are fees incurred by the buyer and seller when real estate is transferred from one owner to the next. A buyer should receive a Truth-in-Lending disclosure from their lender when the loan process has begun. The Truth-in-Lending disclosure outlines the closing costs. You should review the disclosure with your attorney or settlement agent as soon as you receive it.
Buyer Closing Costs
Some closing costs for the buyer of a home are paid before the closing. The majority of the costs paid at the actual closing and is issued by the lender and are calculated based on the amount of the mortgage loan.
Common Buyer Pre-Closing Costs
• Inspection fees
o Home and property
o Pest
o Septic
• Stucco
o Lender fees
• Credit report
• Loan Application
o Survey
Common Buyer Closing Costs
• Appraisal
• Attorney or settlement agent fee
• Delivery charges
• Document preparation
• Document stamps tax
• Flood insurance
• Homeowner’s insurance
• Homeowner’s warranty
• Intangible taxes paid to state of Florida
• Loan origination and discount fee
• New construction fees
• Prepaid interest
• Settlement fee
• Tax service fee
• Taxes and homeowner association fees – escrowed and prorated
• Title insurance and examination fee
• Underwriting fee
The Tampa real estate lawyers of Fuentes & Kreischer, PA, Phone: 813-579-3039, offer legal suggestions to their current and prospective buyer clients on real estate closing costs.
Tampa Real Estate Lawyer
1407 West Busch Boulevard
Tampa, Florida 33612 (Hillsborough County)
Tampa Real Estate Closings – Seller Closing Costs
December 28th, 2009 — Estate Planning Wills Trusts, Real Estate
Seller Closing Costs
The seller assumes less closing expenses because they are not taking out a mortgage loan. If there is enough equity at the time of the sale, the seller’s closing costs can be deducted from the proceeds they will receive at closing.
Common Seller Closing Costs
- Attorney or settlement agent fee
- Credit to the buyer (if any)
- Delivery charges
- Document stamps tax
- Home equity line of credit pay-off
- Mortgage pay-off
- Owner’s title insurance and title search
- Real estate commission and broker service fee
- Recording fees
- Taxes and homeowner association fees – prorated
- Transfer taxes
The Tampa real estate attorneys of Fuentes & Kreischer, PA, Phone: 813-579-3039, offer advice to their current and prospective clients on real estate closing costs.
Tampa Real Estate Lawyers
1407 West Busch Boulevard
Tampa, Florida 33612 (Hillsborough County)
Kentucky Veterans Awarded Legal Aid
November 11th, 2009 — Estate Planning Wills Trusts
Kentucky low income veterans are awarded legal aid via a $79k grant. Kentucky is only 1 of 4 states that awarded this grant. This is a great gesture to our veterans who need legal advice but do not know where to turn due to financial restrictions. Hopefully more money will be granted to honor those who have fought hard for our freedoms. One particular veteran needs an estate planning attorney in Covington Ky and hopefully this grant will allow him to receive help.
Local leaders are hoping a new grant will help veterans with legal advice.
There are 344,000 veterans in Kentucky and nearly 1/3 of the state’s veterans don’t have the legal representatives they need.
Creating an Estate Plan
October 1st, 2009 — Estate Planning Wills Trusts
Many people believe that an estate plan in Louisville is only necessary for people who are old or wealthy. In fact, estate plans are also important for those with relatively few assets. Attorneys specializing in estate planning focus on handling your assets, regardless of the net worth.
In addition to providing instructions regarding assets, estate plans clarify other important points through various legal documents and entities:
- Last wills: permit you to name a guardian for your children and an executor of your will’s provisions
- Trusts: legal entities for transferring assets
- Living wills and advance medical directives: permit you to provide instructions regarding prolonging medical treatments and allow you to appoint a person to make healthcare decisions for you if you are incapacitated
- Power of attorney: legal document giving authority to another person to handle business affairs for you
People with larger estates and families will naturally have more to consider when it comes to creating an estate plan. Nevertheless, that should not deter young people and those with few assets from considering their future.
Planning for the unexpected
Regardless of the size of your estate, there is always wisdom in planning for the unexpected. If something tragic should happen to you, you will want your wishes known and honored. Without an estate plan, decisions about questions such as beneficiaries and guardianship of children are left to the state.
In order to take control over the future of your assets, you will want to contact a Louisville estate planning attorney. A skilled attorney will know how to clearly communicate your wishes—no matter how grand or small—in the form of comprehensive and legally-binding documents.
Article By:
John H. Ruby & Associates
2950 Breckenridge Lane, Suite 13
Louisville KY 40220
888-314-8437
