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By Fate Kersey
Basically, if you have been awarded legal guardianship of a child, you have the right to terminate it. However, there are some things that you need to know about the process. Term of a guardianship Term of a legal guardianship is the legal responsibility of a guardian to care for...
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By Fate Kersey
Probate can take anywhere from a few months to a year to complete. The length of time can depend on many factors, including state tax laws, the size of the estate, and the number of heirs. The process can also take a long time if there are disputed issues. However,...
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By Fate Kersey
In the event that a person becomes incapacitated, the power of attorney can be used to help someone else manage their finances. It allows a person to delegate responsibilities without restricting individual actions. When creating a power of attorney, it is important to be clear about what powers are granted...
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By Fate Kersey
A seller may agree to pay for part or all of your home’s repairs if they are not essential. However, there are certain items that you should never ask the seller to pay for. Generally, these items are cosmetic, and they have no bearing on the home’s central systems or...
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By Fate Kersey
If you have low income and are in need of medical care, Medicaid may be the right choice for you. Many states offer Medicaid at a reduced cost or free of charge. The program is different from one state to another, and you should contact the office in your state...
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By Fate Kersey
A person who wishes to terminate a permanent guardianship may petition the court to do so. In order to do so, the petitioner must provide evidence that the guardian is no longer needed and is not performing their duties adequately. A qualified guardianship attorney can help the petitioner in this...
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By Fate Kersey
Placing your house in trust is a great way to protect your family’s assets, avoid probate court, and avoid having to pay estate taxes. It can also protect your home from creditors. However, it is not without its disadvantages. One of the most significant disadvantages is the expense of creating...
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By Fate Kersey
There are three general types of real estate: residential, commercial, and industrial. Industrial properties are essentially buildings where products are manufactured or stored. They tend to be more expensive than residential properties and require a higher level of property management. However, there are several advantages to commercial properties. They typically...
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By Fate Kersey
Real estate is an investment that can provide both short-term cash flow and long-term capital appreciation. Moreover, it is an asset that does not disappear in a downturn. For example, if you own a rental property, you can receive passive income every month, without having to worry about paying property...
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By Fate Kersey
There are a number of advantages to selling real estate through a trust. First, it will avoid probate. Also, transferring your home to a trust allows you to avoid paying ad-valorem property taxes. Second, a homestead trust allows you to keep the homestead value up to $25,000 and preserve the...
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By Fate Kersey
If you want to sell your property in California, you must get your spouse’s consent before completing the sale. The consent must be provided before the court allows the sale to go through. Your spouse may also sign a power of attorney that permits the sale. A home rights order...
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By Fate Kersey
When a person dies, they usually have a will. However, some assets are excluded from being included in a will. One example is property that is jointly owned. When this happens, the property passes automatically to the survivor. This means that you might not be able to receive your share...
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By Fate Kersey
A transfer on death (TOD) deed is a form used to transfer property after a person’s death. It must be signed by the Beneficiary and filed with the county clerk of the county where the property is located. It is important to know that a TOD deed is revocable, and...
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By Fate Kersey
A trust is a legal document that provides the beneficiaries with financial protection. Its creator appoints a trustee, which takes responsibility for managing the trust’s assets. The trustee receives a fee for his or her services. Beneficiaries, on the other hand, receive the trust’s income and property. Trusts can be...
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By Fate Kersey
Medicaid is a government health insurance program that covers the costs of medical care. The program is available for individuals and families who meet certain requirements. Eligibility requirements vary by state. Some require that you be a U.S. citizen, while others require a permanent or indefinite presence in a particular...
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By Fate Kersey
There are some situations when it is not possible to have the same lawyer represent both the vendor and the purchaser. These situations include family transfers, which are not considered arm’s length transactions. When this happens, the attorney has to choose a third party. This attorney is not allowed to...
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By Fate Kersey
Veterans with Medicaid coverage often have complicated health needs. As many as forty percent have at least two chronic conditions and more than half have a disability. Another 12 percent have a severe mental illness or substance use disorder. Medicaid beneficiaries may also face challenges with access to care due...
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By Fate Kersey
Refinancing your mortgage is a great way to save money. Depending on the circumstances, you can get a full percent reduction from your current rate or a smaller reduction. Smaller reductions can be justified if you plan to stay in your home for a long time. Generally, it takes 20...
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By Fate Kersey
You’ve probably heard of probate and wondered how it works. Probate is the court process that determines who gets what after someone dies. However, it can be complicated. While most assets go through the court, those that are not probated bypass this process. Instead, they pass directly to the beneficiaries....
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By Fate Kersey
A guardianship hearing is a legal proceeding that takes place in a courtroom. The hearing is typically informal, with parties sitting at tables in front of the judge. Attorneys ask questions of the parties. The ward’s attorney may also ask questions. Witnesses may also be called. The petitioner will then...
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By Fate Kersey
If you are a family member, the term “incapacitated” can be frightening. Your elderly parent may be suffering from dementia, or another condition that prevents them from exercising good judgment. Either way, if you feel that your parent might be incapable of making decisions on their own, you may wish...