Table of Contents
Three Great Ways to Split the House after a Divorce.
Four Tips on How to Prepare For Divorce Mediation.
Three Wrong Notions Most People Believe About Property Division in A Divorce.
Table of Contents
Three Great Ways to Split the House after a Divorce.
Four Tips on How to Prepare For Divorce Mediation.
Three Wrong Notions Most People Believe About Property Division in A Divorce.
For your FREE WILL with...Copy & Paste link in browser==>http://tcpros.co/FlXcO
A Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die
A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own
If you don't have a Will in place, you can't select the recipients of your property and the state you reside in will determine how your property is divided.
It's important to review your Will every five years to ensure that it's up to date and still reflective of your future wishes. Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared.
Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable
PROMISE
FOR AN
ACT
Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
How did the court rule?
To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence of the agreement.
Oral contracts require the courts to assess the credibility of the parties.
Are agreements where
people pool their money
to buy l.
Tenant's rights in california e book previewLegalDocsPro
Tenant's Rights in California is a preview of a document that describes in detail how California tenants can defend against an eviction. The author used to work in property management in California and knows the ins and outs.
This sample student loan debt validation letter is designed to be sent to any debt collector or collection agency that sends a letter threatening collection action on student loan debt. The sample letter is 3 pages and includes a formal demand for (1) an opportunity to view all purported loan documents and a hearing at a location close to the debtor's home under the provisions of Title 31 U.S.C. § 3720D and (2) several categories of documents including all documents showing the "chain of title" for any promissory notes alleged to have been signed by the debtor. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Parental Responsibility Essay
Family Law Essays
Family Court Cases
Essay On Family Law
Australian Family Law Essays
Family Law
Family Law Reform
Australian Family Law
Hammurabis Family Law
Greco-Roman Family Law
negotiations in family law Essay
How Long Will It Take To Actually Receive Your Inheritance?Charlie Amen
Because of the numerous factors that can impact the time it takes for estate assets to be distributed after the death of a decedent it is impossible to provide any type of “universal” timeframe; however, a better understanding of the probate process in general as well as the factors that can impact the process may be beneficial in helping you determine when your inheritance is likely to be released to you.
[Name] Midterm Mini Thesis Paper[Date] Contracts[Email] PaTatianaMajor22
[Name] Midterm Mini Thesis Paper
[Date] Contracts
[Email] Page 1
Introduction
Contracts impact every person in society on a daily basis. In fact, the only way to avoid them is to
live completely outside society. If a person takes a hard look at their activities on any given day,
it’s fairly certain they’ve entered into a small handful of contracts without even thinking about it.
Daily purchases of food, gasoline and similar items represent agreements with the previous
owners of those goods, and if purchased on a credit card represent small loans. All of these things
are governed by contracts. The simple task of eating eggs for breakfast may be the result of
numerous contracts with such diverse parties as the supermarket, the manufacturers of plates and
silverware, and perhaps even a Tabasco sauce bottler. If the morning breakfast goes horribly
wrong, you may be dealing with homeowners insurance for the fire you started, or perhaps a local
farmer regarding salmonella poisoning. And in the worst of circumstances, you may even need to
deal with an attorney or two.
While these examples show how prevalent contracts are, a true grasp of their importance is better
understood through the story of a lawsuit. Only in the depths of a lawsuit can you see the
importance of a well structured and thought-out contract, or the perils of a bad contract. This
story is about one such lawsuit of which I was a party.
Definition of a Contract
A contract is an agreement that the law will enforce. While this seems simple enough, a huge
amount of money is spent by parties arguing over whether a contract has been formed. Eight
years ago, I was involved in a two-year lawsuit, and while the case concerned many issues, I
would soon find out that contract formation was going to make a difference on whether I was
jointly liable for a $2,000,000 obligation.
Brief Background on Case
I was a 12-year employee of a 120-person accounting firm when I was offered a promotion to a
position of “probationary partner,” to which I verbally agreed. I signed a “probationary partner”
agreement shortly thereafter. I was informed the probationary partner position was temporary,
with an implicit understanding that an equity position would be available one year later. The
probationary partner agreement referred to my position at the firm as that of an at-will employee.
Four days before my one-year anniversary of becoming a probationary partner, I was informed of
a firm restructuring and that the partners would vote at the partner retreat on my promotion to
equity partner. At the retreat six months later, the equity partners unanimously “voted me in” as
an equity partner. My reaction to this news was a combination of relief and concern, as I had
become very disillusioned with the firm during the prior two years. I smiled but remained silent.
Later testimony was inconsistent on whether I said “thanks”, or said nothing and the meeting just
[Name] Midterm Mini Thesis Paper
[Date] Con ...
For your FREE WILL with...Copy & Paste link in browser==>http://tcpros.co/FlXcO
A Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die
A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own
If you don't have a Will in place, you can't select the recipients of your property and the state you reside in will determine how your property is divided.
It's important to review your Will every five years to ensure that it's up to date and still reflective of your future wishes. Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared.
Contracts
A contract
is based
on promises
voluntarily
made
Do all
promises
give rise to
contractual
obligations?
OfferAcceptanceConsiderationCapacityLegality
Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable
PROMISE
FOR AN
ACT
Reward is
an example
PROMISE
FOR A
PROMISE
ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000.
Bill and Linda meet at a party. He was
74, and she was 49. A month later, they
started to talk about marriage. Linda was
concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later.
What is the issue?
Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely
entered into?
What kind of agreement was it, unilateral or bilateral?
It was unilateral because it was an agreement to marry.
How did the court rule?
To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable.
Stated in direct
termsCan be written
or oral
I will sell you my sports car for $25,000
When you
go to the
doctor, you
impliedly
agree to pay
for services.
Plaintiffs cared for the decedent for
several months before he died. They
claimed they were promised payment
for services. Defendant maintains that
they are a family member so services
were gratuitously rendered.
Contract implied-in–fact is to prevent
unjust result. Normally, there is a presumption
that services rendered by a family member
are free. However, contract may be implied
when service are performed with expectation
of payment. In this case, plaintiffs can point
to no evidence that they agreed upon a
price with the decedent, what form
payment would take, or when payment
would be made, so a contract should
not be implied.
Satisfies all
requirements of
an enforceable
agreement
Binds one party
but gives the other
option to withdraw
Element of
contract has
no legal force
or effect
ILLEGAL
CONTRACT
Satisfies elements of
a valid contract but
won't be enforced
by court
Most contracts
are oral in nature
and can be enforceable.
The major problem with oral contracts is proving the existence of the agreement.
Oral contracts require the courts to assess the credibility of the parties.
Are agreements where
people pool their money
to buy l.
Tenant's rights in california e book previewLegalDocsPro
Tenant's Rights in California is a preview of a document that describes in detail how California tenants can defend against an eviction. The author used to work in property management in California and knows the ins and outs.
This sample student loan debt validation letter is designed to be sent to any debt collector or collection agency that sends a letter threatening collection action on student loan debt. The sample letter is 3 pages and includes a formal demand for (1) an opportunity to view all purported loan documents and a hearing at a location close to the debtor's home under the provisions of Title 31 U.S.C. § 3720D and (2) several categories of documents including all documents showing the "chain of title" for any promissory notes alleged to have been signed by the debtor. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Parental Responsibility Essay
Family Law Essays
Family Court Cases
Essay On Family Law
Australian Family Law Essays
Family Law
Family Law Reform
Australian Family Law
Hammurabis Family Law
Greco-Roman Family Law
negotiations in family law Essay
How Long Will It Take To Actually Receive Your Inheritance?Charlie Amen
Because of the numerous factors that can impact the time it takes for estate assets to be distributed after the death of a decedent it is impossible to provide any type of “universal” timeframe; however, a better understanding of the probate process in general as well as the factors that can impact the process may be beneficial in helping you determine when your inheritance is likely to be released to you.
[Name] Midterm Mini Thesis Paper[Date] Contracts[Email] PaTatianaMajor22
[Name] Midterm Mini Thesis Paper
[Date] Contracts
[Email] Page 1
Introduction
Contracts impact every person in society on a daily basis. In fact, the only way to avoid them is to
live completely outside society. If a person takes a hard look at their activities on any given day,
it’s fairly certain they’ve entered into a small handful of contracts without even thinking about it.
Daily purchases of food, gasoline and similar items represent agreements with the previous
owners of those goods, and if purchased on a credit card represent small loans. All of these things
are governed by contracts. The simple task of eating eggs for breakfast may be the result of
numerous contracts with such diverse parties as the supermarket, the manufacturers of plates and
silverware, and perhaps even a Tabasco sauce bottler. If the morning breakfast goes horribly
wrong, you may be dealing with homeowners insurance for the fire you started, or perhaps a local
farmer regarding salmonella poisoning. And in the worst of circumstances, you may even need to
deal with an attorney or two.
While these examples show how prevalent contracts are, a true grasp of their importance is better
understood through the story of a lawsuit. Only in the depths of a lawsuit can you see the
importance of a well structured and thought-out contract, or the perils of a bad contract. This
story is about one such lawsuit of which I was a party.
Definition of a Contract
A contract is an agreement that the law will enforce. While this seems simple enough, a huge
amount of money is spent by parties arguing over whether a contract has been formed. Eight
years ago, I was involved in a two-year lawsuit, and while the case concerned many issues, I
would soon find out that contract formation was going to make a difference on whether I was
jointly liable for a $2,000,000 obligation.
Brief Background on Case
I was a 12-year employee of a 120-person accounting firm when I was offered a promotion to a
position of “probationary partner,” to which I verbally agreed. I signed a “probationary partner”
agreement shortly thereafter. I was informed the probationary partner position was temporary,
with an implicit understanding that an equity position would be available one year later. The
probationary partner agreement referred to my position at the firm as that of an at-will employee.
Four days before my one-year anniversary of becoming a probationary partner, I was informed of
a firm restructuring and that the partners would vote at the partner retreat on my promotion to
equity partner. At the retreat six months later, the equity partners unanimously “voted me in” as
an equity partner. My reaction to this news was a combination of relief and concern, as I had
become very disillusioned with the firm during the prior two years. I smiled but remained silent.
Later testimony was inconsistent on whether I said “thanks”, or said nothing and the meeting just
[Name] Midterm Mini Thesis Paper
[Date] Con ...
1. December 5, 2012
Paul Belitz
Kutack Rock, LLC
1801 California
Denver, Colorado
Dear Paul,
In the time since the sale of my home, I have had time to reflect on all of the correspondence and interactions (and/or
lack of both) between us. I am deeply hurt by all that has transpired and feel that your actions have been very hostile
toward me and certainly not geared toward my best interests.
One thing that upsets me the most is that you keep making the ridiculous statement that I “lived rent-free for many
years” at my former residence (48275 Racquet Lane). The reason why it is so ridiculous is that I legally owned (in Joint
Tenancy with you) the property. According to California law, we both had just as much right to live in the home (which I
chose to do and you clearly documented to me you had no intention to exercise your rights of tenancy), equal rights to
all benefits of the titled property (appreciation in real estate value, proceeds from sale, etc.), and equal responsibility to
pay the required costs/expenses for the upkeep and maintenance of the home (property taxes, HOA monthly and
special assessments, annual maintenance, annual insurance, repairs to unit not covered by HOA, etc.).
To put it in other terms, a home owner does not pay rent to himself for the use of his own titled property! Do you pay
rent on your home in Colorado? No, because you own it! Does Joanne pay rent for living in the home? No, because she
owns it with you. Did you think you think that Mom owed rent when the three of us were on the title? No, because she
owned it. Therefore, your repeated statements of my living rent-free are clearly ridiculous. Furthermore, under
California Real Estate law you could have at any time exercised the right to live in the property we held in Joint Tenancy,
but you chose NOT to …. your choice, whereas I CHOSE to exercise my right to live there.
You may not be up to speed on the real estate laws here in California, so below I’ve included them (which can be found
in any law books or online or you could consult a real estate lawyer here in California who can verify for you):
Joint Tenancy
This is an example of joint tenancy.
When two or more parties own real property as co-owners, with the right of survivorship, it is called joint tenancy. The right
of survivorship means that if one of the joint tenants dies, the surviving joint tenant automatically becomes sole owner of the
property.
The share of the deceased does not go to his or her estate or heirs, but becomes the property of the co-tenant without
becoming involved in probate. Also, the surviving joint tenant is not liable to creditors of the deceased who hold liens on the
joint tenancy property.
In order to have a joint tenancy, the four unities—time, title, interest, and possession—must exist. If any one of the unities is
missing, a tenancy in common is created.
2. The Four Unities of Joint Tenancy
Time-Become joint tenants at the same time.
Title-Take title on the same deed.
Interest-Have an equal undivided interest in the property.
Possession-Have equal right of possession
Consequences of Separation of Joint Tenants: Joint tenants must hold property in equal shares. If they separate
and there is no written agreement, the law presumes that each is entitled to half the property, and that all ownership
obligations were also equally shared. This means that if one owner has paid more than half of some past expense –
[i.e. carrying costs (mortgage payments, property taxes, insurance, utilities and minor repairs), and improvement costs
(major repairs and enhancements], or receive less than half of some past income or other benefit, he/she can recover
the loss from the other party’s share.
So you can see as I told you previously YOU owe ME quite a substantial amount for all the time you were on the title, yet
refused to pay your portion of the fees and expenses thereby forcing me out of my home when I could no longer
afford to pay BOTH your share and mine! Moreover, remember, YOU REAPED 100% of your share of the benefits of
being on the title of the condo that Mom deeded to us, but again, contra to the California real estate law
requirements, you did not share in 50% of the expenses! I am compiling the entire accounting of our joint tenancy
from the day we were deeded the property by Mom and will be forwarding to you the results.
I’ve included as attachments several past correspondences to remind you of what we’ve discussed over the past several
years in the hopes that you realize that it is you who have created my current painful situation. Maybe by reminding
you, you will decide to do the right thing ethically, morally, and legally. Also, one would think that as my brother you
would treat your own family better than to force me out of my home!
Just before I close this letter to you I must clarify any issues relating to your PREVIOUSLY held Power of Attorney which
was absolutely and without question (morally or legally) revoked by me dated ****** in my attorney’s letter to you
after which you placed a “communications restriction” on me. Yet you had the audacity combined with the unethical
intent to closely follow-up with another letter to me requiring me to respond to each and every line or you would not
recognize the legally binding revocation you had already received from me. Even rubbing more proverbial salt into my
already bleeding wounds, you then sent me in your continuing unethical bullying tactics, another letter with an attached
new, more scheming, calculating, and controlling power of attorney on the letterhead of your firm! How ironic was
this?! You had placed a communications restriction on me yet required me to communicate with you!
Therefore, I am clearly stating without representation of an attorney that your actions as my power of attorney
subsequent to my letter of revocation stated above, have been done without my knowledge or my approval. Since
nearly all of your correspondence to me has been on Kutak letterhead, I feel I am entitled to respond to you with your
partners in your firm as cc’d receivers of this letter to be witness to the following statement as well as to be on notice
that you have been corresponding under the guise of your entire law firm by using the company letterhead for what I
am confident has been our personal and family business.
“I hereby forbid you to make claim against my estate upon my death as my closest surviving heir. Should you or
anyone challenge my newly written last will and testament, any portion of my estate that I have specifically
provided to each individual will become null and void. In other words, I legally disown you as my brother for any
legal issues.”