When the marriage of Gina and Edward ended in divorce and it became necessary to allocate property, the trial court charged with ruling on this matter had to
sort through multiple gifts made by Gina’s father while the couple was married. Understandably, Edward generally argued as much as possible that such gifts
were made to the couple jointly, whereas Gina’s position was that at least some of these gifts were made to her alone.
Report from Counsel
ADA Primer for Small Businesses
The Department of Justice (DOJ) recently revised its regulations implementing the Americans with Disabilities Act (ADA). This revision clarifies some issues that have arisen over the past 20 years and contains some new requirements, including the 2010 Standards for Accessible Design. DOJ has published a document, ADA Update: A Primer for Small Business, which provides guidance to assist small business owners in understanding how the new regulations apply and how to comply with them.
Feline Friend 1, Irs 0
Some say the world is divided between dog lovers and cat lovers. Jan is the latter.
She has seven cats of her own that live with her in her modest California home. But Jan also puts her modest financial means where her mouth is. As a volunteer for a local IRS-approved charity, she has taken care of some 70 stray cats at her home while adoptive homes were being found for them. The charity’s mission is to trap stray cats, neuter them, and then place them in homes temporarily until they can be adopted or released.
FCRA and Preemption of State Law Claims
With a view toward getting a full measure of justice for debtors who may have been wronged by a violation of the federal Fair Credit Reporting Act (FCRA), attorneys often will add to their pleadings claims under state law arising under the common law (court-made law) or state statutes.
Car Horn Honking as Free Speech
When Helen was reported to her homeowners association by a neighbor for violating a restrictive covenant against keeping chickens, she picked a rather odd way of getting even with the neighbor. She had to borrow a friend’s car to do it, but she stopped the car in front of the neighbor’s house at 6 a.m. and laid on the horn for 10 minutes.
Estate Planning: Private Reverse Mortgages
Reverse mortgages, usually obtained from financial institutions, allow people who are at least 62 years of age to convert their home equity into cash, which is received by the homeowner either as a lump sum, a line of credit, or monthly payments. The loan becomes due, with interest, when the borrower dies, moves out of the home, sells it, or fails to pay property taxes or homeowners insurance. The end result is often that heirs of the owner sell the house, pay off the loan, and keep the difference.
The Mystery of the Old Bank Account
Keeping track of personal finances can become like detective work when there is scant evidence of items such as an old bank account or a receipt for a safe-deposit box. This situation arises most commonly for executors of estates or for someone who is taking care of financial matters for an ill or elderly friend or relative.
Business Entities Video
Attorney Bob Ross discusses business entity basics, including Sole Proprietorships, Corporations and Limited Liability Companies (LLCs), and some issues to watch for those starting businesses or business partnerships.
Organize Your Estate Planning Documents
If, like so many, you are prone to disorder in the keeping of important documents, assuming that you keep them at all, you may be well past due for a makeover of your estate plan and your end-of-life instructions. It is not just a matter of maintaining tidiness for its own sake: a lot of money and time could be saved by making your estate plan organized and accessible and then keeping it that way.
The IRS is Here to Help
To help struggling taxpayers who owe back taxes, the Internal Revenue Service (IRS) recently unveiled a series of new steps to help people get a “fresh start,” to use the phrase invoked by the IRS Commissioner, with their tax liabilities. The general idea is to recognize the challenging economic environment the country faces while also keeping the tax revenue flowing in at acceptable levels. The focus is on changes to the tax lien system and other collection tools already used by the IRS that will make paying taxes a little easier on taxpayers.