Can a Living Trust Help Avoid Probate in Washington?

Thinking about what will happen to your family after you die is unpleasant. For that reason, many people don’t take the time to evaluate the estate planning tools available to them or plan effectively for the distribution of their assets . Unless you have taken steps to avoid it, your assets will go into probate at the time of your death. The probate court will gather all of your probate assets and distribute them according to the terms of your will. If no will was drafted, the assets will be...

Applying the Chapter 7 Means Test in New York

Chapter 7 bankruptcy can benefit many people who are experiencing financial difficulties. The fundamental idea behind a Chapter 7 bankruptcy is giving a debtor a clean slate by liquidating all of his or her non-exempt assets and using the money to pay off creditors. Most debts that are not paid off are discharged, meaning that the debtor no longer has any legal obligation to pay that debt.Partially due to perceived abuse of the bankruptcy system, Congress passed a law in 2005 making it more ...

Foreclosure in Suffolk: Can I Keep Living In My Foreclosed Home?

The foreclosure process in Suffolk County can take a long period of time. When you begin to miss payments, the mortgage lender must take action and initiate the process of taking your home. This can take several weeks, or even months or years depending upon how many homes the lender is foreclosing on and how high of a priority your house is for the lender to deal with. Because the foreclosure process can last for so long, many people wonder if they can remain in their homes while the lende...

Chapter 7 or Chapter 13?

Chapter 7 Bankruptcy For those who qualify, Chapter 7 Bankruptcy is available to aid individuals and families struggling with credit card debt, payday loans, medical bills, and other types of unsecured debt. Chapter 7 Bankruptcy is commonly known as a “liquidation.” Once a Chapter 7 Bankruptcy case is filed, a Trustee is assigned to determine whether there are any assets in the debtor’s estate to “liquidate (sell)” and partially satisfy the debts owed to creditors. Many assets are p...

Beware of the Bankruptcy Petition Preparer

You’re telling me that I can file for Bankruptcy for less than $200?! Sweet! Sign me up. But wait..what’s the catch? For “less than $200,” there is ALWAYS a catch. It’s true that hiring a Bankruptcy attorney to represent you in your Bankruptcy case is not a requirement under the U.S. Bankruptcy Code. You have every right to file without an attorney and represent yourself (pro se). You can even hire a non-attorney Bankruptcy petition preparer to help you. But is it worth it? Not to b...

Solo Practitioner Bankruptcy Attorney vs. Large Firm or Bankruptcy Mill

So, you’re considering getting help filing a Bankruptcy petition, but you don’t know where to turn. You’ve probably seen the large billboard ads that are lined along the highway promising $0 down to file. You may have also seen the craigslist postings or radio advertisements guaranteeing a total fee of $499 or less. If it sounds too good to be true, I’m sorry to break it to you, but it probably is too good to be true. Believe me, I get it. You’re already struggling financially. You w...

Is Probate Necessary in Washington State?

A common term that you might hear after someone passes away is “probate”. Probate is the process of administering an estate by collecting assets, settling debts, and making distributions to family members. This process is often overseen by a judge who can ensure that the estate is properly administered and can resolve any disputes. If your loved one dies, you may wonder whether probate is necessary for your situation. In Washington State, some estates must go through the probate process ...

How Contractor’s Registration affects Construction Liens on Real Property Development

Construction liens are an important part of Seattle real estate law and other high-growth areas of Western Washington. The lien, also called a “mechanic’s lien,” represents a pre-judicial claim against title, and the owner of the land on whom the lien is recorded cannot sell the property or obtain a loan thereon until the lien is satisfied, removed, or otherwise accommodated. The Effect of a Construction Lien. Under RCW 60.04.021, “any person furnishing labor, professi...

Types of Injuries in Austin Personal Injury Cases

Everyone is at risk of sustaining an injury in an accident—whether it’s a car crash, slip and fall, or something else. Minor injuries don’t require medical attention and usually don’t force you to miss any work. However, when injuries are serious or catastrophic, they can affect a person’s life on multiple levels. In addition to physical pain and stress, injury victims often amass thousands of dollars in medical expenses, and they may need to miss months of work. If you have incu...

Choosing the Right Personal Injury Attorney

After an accident causes you injuries, you likely have a lot on your mind. Your injuries suddenly disrupted your life and you may face financial losses as a result. If you suspect that someone else’s negligence caused your accident, you may feel like seeking justice and compensation from that party.  However, you may not know just how to go about doing so. Everywhere you turn, you may hear and see ads for personal injury attorneys. A quick Google search returns thou...

What Effect Does Filing An Amended Return Have on the IRS's Time to Audit?

Section 6501(a) of the Internal Revenue Code provides the general rule: Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed) or, if the tax is payable by stamp, at any time after such tax became due and before the expiration of 3 years after the date on which any part of such tax was paid, and no proceeding in court without a...

Michigan Lemon Law: Calculating the Repurchase

So, you have a defective vehicle that qualifies as a “Lemon.”  What is your remedy? How much money do you get? What happens to the finance contract? Under Michigan’s Lemon Law the answers to these questions depend on how much you paid, whether you have additional “out of pocket” damages, and how many miles are on the odometer, among other things. 1. Return of Your Purchase Price or Lease Price Michigan’s Lemon Law at MCL 257.1403(1)(a), perm...

6 Ways Divorce Lawyers Can Help Their Clients

One word that will probably never be associated with contested divorce cases is 'easy.' After all, divorce is a complex process and what makes it even more convoluted is the fact that these laws vary from state to state.  Hiring a local attorney who is conversant with the state-based divorce laws is helpful. This is why a client from Geneva, Illinois will always consider Geneva divorce attorneys for himself/herself. While splitting spouses may be on an emotional rollercoaster, they n...

Employment Law Wellington

Employment law Wellington specialist and Criminal Defense Lawyer. Get professional, accessible and friendly legal advice on your employment, criminal or traffic caseemployment law specialist and Criminal Law Wellington Defense Lawyer. Get professional, accessible and friendly legal advice on your employment, criminal or traffic case.Please visit our site at https://philmitchell.co.nz/...

How Can a Bankruptcy Attorney Help Me?

Many people who are considering bankruptcy are experiencing significant financial problems. After all, if money were not an issue, they would probably not be contemplating filing for bankruptcy. As a result, many potential bankruptcy filers may be tempted to save money by trying to file for bankruptcy without an attorney. While it is possible to do so, it is often an ill-advised idea. In fact, the United States government recommends against filing without an attorney and counsels po...

Can I Make Large Purchases Before Filing for Bankruptcy?

One of the main advantages of filing for bankruptcy is the discharge of most, if not all, of your unsecured debts.2 When a debt is unsecured, it means that the creditor does not have a lien or other security interest in a piece of collateral. For example, a car loan is generally a secured debt in that the creditor has a lien on the vehicle the loan was used to purchase. While secured debts can be also be discharged through bankruptcy, it usually also involves the creditor repossessi...

How Can The Automatic Stay Help Me?

Many people who are experiencing financial problems may be able to benefit from filing for bankruptcy. While it is true that a bankruptcy can stay on your credit report for a significant amount of time, it also can result in a significantly lower debt burden than the one you had prior. One of the most immediate benefits of filing for bankruptcy is known as the “automatic stay.” The automatic stay is an injunction that is automatically issued the moment a person files for bankruptcy. ...

Can a Debtor Object to the Discharge of a Debt in Bankruptcy?

One of the primary reasons people file for bankruptcy is that it often results in the dischargeof most, if not all of a person’s debt.1 When your debt is discharged, it means that you are no longer under any legal obligation to pay that debt. In many cases, a bankruptcy goes smoothly and debts are discharged without any issues. In certain cases, however, creditors object to the discharge of a particular debt or all of all of a debtor’s debts. These objections may be made wi...

What Are The Benefits of Hiring a Long Island Bankruptcy Attorney?

Millions of people each year file for bankruptcy in the United States. The two most common types of consumer bankruptcies are Chapter 7 and Chapter 13, both of which have the potential to significantly improve a person’s financial situation. In some cases, bankruptcy may be able to help people facing foreclosure keep their homes and other valuable possessions. While it is possible to file bankruptcy pro se (without an attorney), it is very difficult and the assistance of a law...

CFPB Offers Student Loan Borrowers Advice For New Year

Millions of Americans are currently struggling with student loan debt. In fact, Forbes reports1that the student loan default rate was at 13.7 percent as of September, 2014. Falling behind on your student loans can have many negative consequences, including being unable to obtain financing for large purchases or being charged a significantly higher interest rate. While most student loans are not dischargeable in bankruptcy, there are several ways that bankruptcy may be able to help borrowers w...