- Divorce
- Business Transactions
- Real Estate LitigationThis very often works out fine for the person selling or purchasing his or her property. But I regularly receive inquiries from people who have discovered to their dismay that their interests were not properly represented in the course of the impersonal, streamlined, transaction processing they acquired. The sub-prime mortgage crisis is only the most recent and best known example of this, to the chagrin of many people who were very excited to buy or refinance their home but who did not treat it as a substantial transaction where they needed some personal advice and assistance. Title problems, boundary disputes, easements, liens, restrictive covenants, misunderstood or improperly explained terms… these are only a few of the things that can pop up to turn your purchase or refinance into a big problem. These problems do not arise often, but when they affect your home they can be particularly upsetting. Many times a buyer does not discover a problem until he or she goes to sell. Similarly, issues such as these can come back to haunt sellers if their closing documents are not properly drafted, sometimes years after the sale has been completed.
- Real Estate TransactionsRumors are flying that the health care reform legislation includes a federal tax on all real estate sales. One partisan website bellowed: "Obamacare contains a little known tax, starting in 2013. Every American will now be taxed for the sale of any real estate. The rate will be 3.8%." Really?
- Easement
- Estate PlanningOur politicians finally made permanent the estate tax exemption. It is $5.25 million per person this year and now is indexed for inflation so we do not have to play this game every year or two. This finally removes the moving estate planning target for most people. You can read my 2010 commentary archived here.
- TrustsNearly 50 years ago a non-lawyer named Norman Dacey wrote a book entitled "How To Avoid Probate." It was regarded as sacrilege by many lawyers, but the revocable trust or living trust that he espoused has become a popular device. If properly funded it can be a useful tool for avoiding probate which is often, but not always, a good objective. Avoiding the probate process can save heirs some time and money and also affords some privacy, rather than dealing with all the probate filings and having the administration of one's estate spread upon the public records for the curious to check out. The revocable trust also can be helpful in case of a long trip, a debilitating illness or incompetence, when the alternate trustee can step in and take care of things for you in much the same manner as he or she might under a durable power of attorney.
- Power of AttorneyThe living will and the health care power of attorney are forms created and combined by statute in a so-called "advance directive," requiring a few boxes to be checked and blanks to be filled in to reflect your particular preferences, but these must be executed properly. Most hospitals and some physicians' offices provide these to their patients. If you have these "terminal care documents" prepared and signed elsewhere, it is still a good idea to have them looked over as part of your estate plan.
- Probate
- ForeclosureContracts for deed, for-sale-by-owner, short sales, foreclosure auctions, lender sales from REO... they are all signs of the time and they all place extra demands on the P&S, the Purchase and Sale Agreement. Read more below.
- Tax LawWhen I first started practicing law in Littleton 43 years ago, estate planning was a tool used only by my wealthier clients. For many practitioners, estate planning was really another term for estate tax planning for those rich enough to warrant it. Ordinary people simply wanted a will. And for some, meeting with a lawyer to prepare one was an upsetting, emotional experience.