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24 May 2008 - 21:38Do you need a Will?

Unless you want the state to determine who inherits your property (not necessarily a bad thing), you need a will. Also, if you want to pick the person who administer you estate (an executor - always a good thing), you need a will. Parents of children under 18 years of age need a will to provide for a guardian of their children and to make sure the maximum amount of money is available to the children.

Therefore, most people should have a will prepared and have it signed and witnessed.

Parents of disabled children of any age have additional reason to prepare a will. Disabled children may not be able to take care of their inheritance, and they may become ineligible for government benefits if inherited money is directly available to them.

Just as important a will can help preserves an elderly couple’s assets against nursing home costs. A special trust can be set up so that the surviving spouse will never have to use the money to pay for nursing home costs, or so it can be inherited by children or grandchildren.

No Comments | Tags: Elder Law, Estate Planning

24 May 2008 - 21:33What is Bankruptcy?

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.

If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy. There have been many news reports suggesting that changes to the bankruptcy law passed by Congress in 2005 prevent many individuals from filing bankruptcy. It is true that these changes have made the process more complicated. But the basic right to file bankruptcy and most of the benefits of bankruptcy remain the same for most individuals.

Bankruptcy is a legal proceeding in which a person who can not pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

No Comments | Tags: Bankruptcy

24 May 2008 - 21:24Should you form a Nevada Corporation to protect your assets?

There have been a lot of advertisements on famous radio shows relating to the secrecy and tax advantages of Nevada Corporations. Unfortunately, this does not hold true. Nevada Corporations are similar to corporations in most other states. In addition they have no corporate income tax and the fees are very low. They talk about other advantages such as secrecy from IRS rules. They also say that they make it very difficult for creditors to find out who the true owners are, before they are sued. Some of the ads say that you never have to pay any taxes and you can never be sued. This is just not true. You always have to pay Federal taxes (ask Al Capone), and the judges in the State of Nevada are required by the U.S. Constitutions to give full faith and credit to the orders of judges in other States and the Federal Courts. It is true that the corporation statute in Nevada makes it harder for Creditors to find out who you are, but if the corporation is set up in the wrong way, you may be guilty of fraud and conspiracy. Don’t “Rush” to believe the commercials. There are plenty of safe legal and legitimate ways to protect your assets

No Comments | Tags: Asset Protection

24 May 2008 - 21:08What are the grounds for Divorce in Illinois?

Grounds for Divorce in in Illinois are:

1. impotentcy;

2. prior marriage and not yet divorced;

3. adultery;

4. desertion for more than a year;

5. habitual drunkenness for the space of 2 years;

6. gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years,

7. has attempted the life of the other by poison or other means showing malice;

8. extreme and repeated physical or mental cruelty;

9. conviction of a felony or other infamous crime;

10. infection of the spouse with a sexually transmitted disease;

11. irreconcilable differences. (see blog on no fault divorce for full details)

No Comments | Tags: Divorce