Finding An Experienced Lawyer No matter what your legal needs are you will find that there are many lawyers in your area that advertise that they specialize in your form of case. This may make the process of finding one with a lot of experience a bit of a challenge. However, in the event you follow the following you will be able to limit your pursuit to the correct one out of almost no time. Step one is to generate a listing of the lawyers which can be listed in your neighborhood that specialize in your position. When you are making this list you ought to only include those that you have a great vibe about based on their advertisement. Then you can narrow this list down by taking a bit of time evaluating their internet site. There you should certainly find the amount of years they have been practicing and a few general information regarding their success rates. At this point your list must have shrunken further to the people that you felt had professional websites along with an appropriate amount of experience. You ought to then take time to check out independent reviews of each and every attorney. Be sure to see the reviews instead of just relying upon their overall rating. The details inside the reviews will give you a sense of how they interact with their clientele and the length of time they invest into each case that they are taking care of. Finally, you should meet up with at least the very last three lawyers which may have the credentials you are looking for. This will give you enough time to truly evaluate how interested these are in representing you and your case. It can be vital that you follow every one of these steps to actually find a person which has the best measure of experience to get you the very best outcome.
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How Avoid Son Having To Pay Whopping Inheritance Taxes On Real Estate?
When We Bought Our Home I Put My Son'S Name On The Deed To Avoid His Having To Pay Whopping Inheritance Taxes. In The Event Of My Inevitable Demise, He Is Already On Title And Just Assumes Full Rather Than Partial Ownership Of The Property.
Now Somebody Tells Me That This Will Actually Cause Legal Confusion & Result In His Paying Whopping Capital Gains Taxes Upon Our Demise When He Sells The Real Estate, And That It'S Better To Leave It As Part Of The Estate For Him To Inherit And Dispose Of. Which Is True?
Estate planning is a complicated area that requires a firm understanding of many factors related to you and your finances. It may be in your best interests to consult either a CPA who has significant experience in estate planning or an estate attorney.
With that bing said, here are some general factors to consider.
Will your estate be taxed?
Many average taxpayers will not be subject to the estate tax anyway. Currently the applicable exclusion amount is $2,000,000. So if you die in 2007 and ALL of your assets are valued less than $2,000,000 you do not have to worry about the Estate tax.
When you die, your son would get a "stepped up" basis allowing him to sell the property tax free (assuming he sold it for the value it was appraised for on your date of death)
However, there may be other reasons to transfer ownership of your home to your son beyond estate tax (some people try to shield assets from nursing homes in this way).
It seems that you have already transferred your home to your son, so lets deal with that.
I am assuming that your son did not pay you for your home, therefore his basis is zero. So when he goes to sell it, he will pay capital gains tax on the entire selling price less selling expense.
He may be able to get around this by making your home his permanent residence after you die and exclude a portion of the gain under Section 121 (However he would have to reside in the home for at least 2 years).
As you can see there are many factors to consider, that is why I would encourage you to seek someone familiar with the the laws as well as your circumstances to give you the best direction.
Help With Family Law (Marriage)?
Here Are The Questions:
Andre Has Agreed To Marry Because Julie'S Kinsmen Threatened To Ruin His Business If He Refuses. Would This Affect The Validity Of The Marriage? Explain.
Julie Is Marrying Andre Because He Claims To Be A Broadway Director Who'Ll Get Her A Starring Role In Theatre. In Reality He'S An Off-Broadway Street Vendor Selling Hot Dogs. Would This Have Any Effect On The Validity Of The Marriage? Explain.
Andre Is Also Hiding The Fact That He Is Actually A Woman In Drag. Would This Have Any Effect On The Validity Of The Marriage? Explain.
If There Is A Reason Why The Marriage Is Not Valid, What Would The Courts Be Asked To Grant? Explain The Term.
I'D Really Appreciate The Help! Thanks.
Here is what I remember from Family Law:
Going into the marriage because he is being threatened will affect the vaildity of the marriage because one of the requirements is that both parties enter the marriage willingly.
When Andre tells Julie that he is a Broadway director, this does not affect the vailidity of the marriage. There is no annulling the marriage simply because the husband lies about what he does for a living, and you are stupid enough to be believe him.
However, if he lies about being married to another, then you can call it a fraudulent marriage and it can be annulled.
Lying about being a man may affect being able to "consumate" the marriage, which I believe can affect the vailidity of the marriage.
The court would likely be asked to grant an annulment, which will make it really as thought the marriage never happened, saving you from a divorce situation for something that happened so quickly.
Is This Legal Malpractice?
My Attorney Has Had Complete Disregard For Me Since 2011 When I Was The Executor Of My Grandfather'S Estate. She Made Decisions Without Consulting Me. When It Was Something That I Had To Ok Because Of Signing A Check, She Cornered Me Into That Decision, Leaving Me With No Other Option. She Never Returned My Calls Or Kept Me Up To Date. She Never Furnished The Documents I Requested. She Promised My Parents My Grandfather'S Home, And Told Me That All It Would Take Was The Beneficiaries Being In Agreement, Which We All Were, So That They Could Have The Home; She Ended Up Changing Her Mind And Saying That We Had No Other Option But To Sell It. I Just Found Out A Few Days Ago That If We Had Any Dispute About Any Matter, That We Were Supposed To Take It To Probate Court To Get An Answer From Them, But That Never Happened. We Gave Her Well Over $65,000 For 2 Years Of Services. There Were Things I Noticed That Were Double Billed, And When I Confronted Her About It, She Said That The Bill Won'T Change. She Never Respected The Structure I Tried To Create So That I Could Simply Be Kept Involved And Informed With Things; She Continued To Make Her Own Decisions And Had Complete Disregard For Me, Taking Advantage Of The Fact That I Didn'T Know Much About The Estate Law, So She Could Do Whatever She Wanted At Her Best Interest
Not obviously from what you have here. And when you're dealing with legal systems, it's not about things like the "structure you try to create."
If you had $65,000 for two years of services, you hopefully have a bit around to consult another local attorney about what they did. You'll need to discuss it with somebody in more depth. There are good odds you didn't properly understand a lot of what was occurring, and she probably was trying to avoid billing you three times as much giving you step by step lesson in estate law. It's not clear that what occurred was in her interest, and not yours. And it would make sense to do something like selling the property -- she probably erred in saying you all could agree how it was to be handled. It's not just her arbitrarily "changing her mind," but going and further researching the law to understand what's legal in the situation and why. It's not clear how she "cornered" you, etc.
You probably should try discussing things with your attorney first, and not "confront" her when you do so. Try to get some explanations before you run off screaming malpractice. People often attribute things to their attorneys personally without understanding the legal reasoning and situations that are going on behind the scenes. Again, it's unlikely she simply "changed her mind" for things like who gets the house. That's not how attorneys go about things.
What Is A Lawyer Called That Deals With &Quot;Special Victim&Quot;Crimes Like In Law And Order: Svu?
I Want To Pursue The Career Of A Lawyer, And I Love This Show, But I Don'T Know What This Type Of Lawyer Is Called. Is It A Criminal Lawyer? I Want To Defend The Good Guys, Please Provide Me With Further Information About This. Also, What Universities Are Good For Pre-Law?
The prosecutor is a District Attorney if it's a State crime, a US Attorney if it's a Federal crime. The defense lawyer may be a private lawyer specializing in criminal law, or a Public Defender.
Lawyer. Please Help?
I'M Pretty Sure I Want To Be A Lawyer When I Grow Up, But I'M Not Positive. Can Someone Give Me An Extremely In Depth Description Of A Lawyers Job? And How Much School You Need, All That Stuff.
Lawyers are a dime a dozen. Actually, with the proliferation of law schools and lowering of standards the degree will be as esteemed as a truck driving school certificate. A lot of law schools admissions policy is if you got the dough, or are willing to take on debt, you can go. Look at Massachusetts School of Law and Appalachian Law School in Virginia for examples, it is a joke, they should have truck driving academies right next to their schools. You would not see those low standards at a dental or medical school. Some people talk about doctors being sued and high malpractice insurance, do not let the medical profession fool you, doctors and dentists make the most money in our society even after paying for their malpractice insurance. If you eliminated med-mal suits it would have little or no impact on the affordability and accessibility of health care, the docs would just pocket the extra money. By the way I have sued lawyers for malpractice but never a doc/dentist, I look forward to it.
I am an attorney. However, I went to a top 15 school and had mediocre grades. I found the job market to be depressing. So much time, planning, and money went into undergraduate school, I had a 4.0 GPA, and scored above the 95th percentile on the LSAT, 171. I naively thought going to a top school their would be plenty of lucrative and exciting jobs waiting for me and I would be set to have a good quality of life. I remember sending out 300 letters one time and getting no positive response, either they said some nonsense about you are great, you have good accomplishments, but at this time we cannot offer you a position, we will keep your resume on file. I took the Bar Exam in two states wasting time studying and not earning any money. I had to move back in with my parents, fun. Meanwhile many of my friends and people that I knew from High School and College were establishing themselves in their careers and making money, gettng promotions, etc. I worked post-law school as a car salesman and a mortgage broker. Finally, a family friend had a friend who was a solo attorney, I worked for him basically for free, actually it was negative because I spent money on travel, long distance phone calls, etc., still living at home with mom and dad, saddled with law school debts, the student loan people started calling wanting $$$. Eventually, I left that attorney. I struggled to find another attorney job. I got a job in 2003 at a firm paying the princely sum of $25,000 per year. I moved out of my parent's house but was still subsidized by them. Dad kept threatening to cut me off, but I lived in an expensive state the cheapest place to stay I found was $1,500 a month all inclusive. My paycheck was like $430.00 a week take home. Eventually, I did go solo, it was hard, but I did make some money in real estate closings for 3 1/2 years. Now the real estate market stinks and I have no income, and I am trying to plan my next move. I have interviewed for some associate positions and the salary range was 38k-55k, this is pretty low for someone with 5 yrs experience and a doctorate degree. My wife works at a nail salon, as a manicurist, she took a three month course and makes 50K a year. It has been an exquisitely painful road for me. In my family I am the most educated and the least financially secure. My dad makes like $350,000K engineering+MBA degree, my younger sister makes $165,000K a year psyche degree and an MBA. My conclusion, LAW SUCKS!!!!!!!!!! Too many law schools fighting for tuition $$$, night programs, weekend programs, low academic standards, too many attorneys, lowering wages and limiting opportunities, compare to the AMA and ADA that insure a shortage of dentists and doctors. When I was solo it seemed like everyone was an attorney, or their cousin was an attorney, or their sister's friend was an attorney, or their brother was an attorney and so and so on, I lost a lot of business because of this. I do not think doctors and dentists face such client poaching. If you are in the top 5%, law review, and went to a good school, yes, you will probably get a good job right from the start. I would have been better off not going to College and instead picking up a trade like being an electrician. Heck, if I had all the money I wasted on education, worked at a gas station during all my non-earning years and put the money into a CD I could probably be able to retire. Looking back, if I had to do it again, if you want to through the hard work and invest the $$$ for education so it pays off you should go into healthcare. Heck their is a shortage of pharmacists and their median wage is $98,000K well above lawyers. Dentists 180,000K median and their is a shortage. Oh well this sucks but this is my life and I will deal with it, I spent my educational time and $$$, and the dye is cast.
From US News, Poor careers for 2006
By Marty Nemko
Attorney. If starting over, 75 percent of lawyers would choose to do something else. A similar percentage would advise their children not to become lawyers. The work is often contentious, and there's pressure to be unethical. And despite the drama portrayed on TV, real lawyers spend much of their time on painstakingly detailed research. In addition, those fat-salaried law jobs go to only the top few percent of an already high-powered lot.
Many people go to law school hoping to do so-called public-interest law. (In fact, much work not officially labeled as such does serve the public interest.) What they don't teach in law school is that the competition for those jobs is intense. I know one graduate of a Top Three law school, for instance, who also edited a law journal. She applied for a low-paying job at the National Abortion Rights Action League and, despite interviewing very well, didn't get the job.
From the Associated Press, MADISON, Wis. (AP) - A lawmaker who persuaded the Assembly to eliminate all state funding for the University of Wisconsin law school says his reasoning is simple: There's too many lawyers in Wisconsin.
From an ABA study about malpractice claims, More Sole Practicioners: There appears to be an increasing trend toward sole practicioners, due partly to a lack of jobs for new lawyers, but also due to increasing dissatisfaction among experienced lawyers with traditional firms; leading to some claims which could have been avoided with better mentoring.
New Lawyers: Most insurers have noticed that many young lawyers cannot find jobs with established firms, and so are starting their own practices without supervision or mentoring. This is likely to cause an increase in malpractice claims, although the claims may be relatively small in size due to the limited nature of a new lawyers
“In a survey conducted back in 1972 by the American Bar Association, seventy percent of Americans not only didn’t have a lawyer, they didn’t know how to find one. That’s right, thirty years ago the vast majority of people didn’t have a clue on how to find a lawyer. Now it’s almost impossible not to see lawyers everywhere you turn."
Wall Street Journal Article, Hard Case: Job Market
Wanes for U.S. Lawyers
Growth of Legal Sector
Lags Broader Economy;
Law Schools Proliferate
By AMIR EFRATI
September 24, 2007; Page A1
A law degree isn't necessarily a license to print money these days.
For graduates of elite law schools, prospects have never been better. Big law firms this year boosted their starting salaries to as high as $160,000. But the majority of law-school graduates are suffering from a supply-and-demand imbalance that's suppressing pay and job growth. The result: Graduates who don't score at the top of their class are struggling to find well-paying jobs to make payments on law-school debts that can exceed $100,000. Some are taking temporary contract work, reviewing documents for as little as $20 an hour, without benefits. And many are blaming their law schools for failing to warn them about the dark side of the job market.
The law degree that Scott Bullock gained in 2005 from Seton Hall University -- where he says he ranked in the top third of his class -- is a "waste," he says. Some former high-school friends are earning considerably more as plumbers and electricians than the $50,000-a-year Mr. Bullock is making as a personal-injury attorney in Manhattan. To boot, he is paying off $118,000 in law-school debt.
"Unfortunately, some find the practice of law is not for them," Seton Hall's associate dean, Kathleen Boozang, said through a spokeswoman. "However, it is our experience that a legal education is a tremendous asset for a variety of professional paths."
A slack in demand appears to be part of the problem. The legal sector, after more than tripling in inflation-adjusted growth between 1970 and 1987, has grown at an average annual inflation-adjusted rate of 1.2% since 1988, or less than half as fast as the broader economy, according to Commerce Department data.
Compare this to health care:
* Health care. Almost half the 30 fastest growing occupations are concentrated in health services -- including medical assistants, physical therapists, physician assistants, home health aides, pharmacists, physicians, dentists and medical records and health information technicians -- according to the U.S. Bureau of Labor Statistics.
Some practice areas have declined in recent years: Personal-injury and medical-malpractice cases have been undercut by state laws limiting class-action suits, out-of-state plaintiffs and payouts on damages. Securities class-action litigation has declined in part because of a buoyant stock market.
On the supply end, more lawyers are entering the work force, thanks in part to the accreditation of new law schools and an influx of applicants after the dot-com implosion earlier this decade. In the 2005-06 academic year, 43,883 Juris Doctor degrees were award