This document provides a summary of Florida homestead laws for Pennsylvania lawyers with clients in Florida. It discusses how homestead applies in the contexts of taxation, asset protection from creditors, and limitations on inter vivos alienation and testamentary disposition. Key points include exemptions from property taxes and limitations on annual assessment increases for homestead property. Homestead property is also exempt from forced sale by creditors. There are restrictions on conveying or devising homestead property that require spousal consent or give certain heirs life estates. The protections provided by homestead status may pass to a surviving spouse or heirs upon the owner's death.
Lack of flood insurance leaves homeowners with financial toll after hurricane...HaulTail
The drenching rains and massive flooding caused by Florence are expected to inflict a high financial toll on homeowners in North Carolina and other states, as only a small percentage are covered by flood insurance that could help offset the costs of rebuilding their damaged homes.
An estimated quarter of a million homes in North Carolina are projected to be affected by Florence, which has caused flash flooding and record rain amounts across the state, according to CoreLogic, a property analytics company.
Looking into the British Virgin Islands Inquiry, Where are we at? Charlie
I go over the current inquiry in the British Virgin Islands that is looking into political corruption and intimidation. I go over how it begun, who's leading the inquiry, and the latest of what has happened so far.
1) During WWII, fewer than half of besieged US army troops at Bataan in the Philippines chose to purchase life insurance when offered, even facing imminent death.
2) In response, the US military established a life insurance selling organization and appointed over 1,000 officers to sell life insurance to troops.
3) Through these efforts, they were able to insure 98.2% of US servicemen in the South Pacific, with an average policy of $9,300, demonstrating that most people will not purchase life insurance without being asked by a salesperson.
Cohabitation Presentation with definitions and case studiesRozCrowley
The document discusses various myths about cohabitation rights and provides clarification on the actual legal rights and outcomes in different cohabitation scenarios. It analyzes 5 case studies involving property disputes between cohabiting partners to illustrate how implied trusts, resulting trusts, constructive trusts, and proprietory estoppel may apply depending on the specific facts and circumstances of each case. The legal rights for cohabiting couples are complex and different than for married couples.
The document provides a weekly real estate bulletin including mortgage rates, new FHA requirements, a landscaping tip, tax tips for homeowners, and local real estate market trends from the 4th quarter of 2009. It also includes recipes, jokes, and notices about upcoming contests and events. The bulletin serves as a one-stop-shop for local real estate news, tips, and community information.
Jan Copley - Red & Blue States Gatheringguestfb519d6
The document discusses community property laws in the United States. It begins with a pop quiz about which states have community property laws and what percentage of the population these states cover. It then provides definitions and examples of separate property and community property earned during marriage. The document discusses how community property laws affect divorce and inheritance, and considers how these laws interact with issues like retirement benefits, insurance policies, domestic partnerships, and same-sex marriage.
The document provides information about the severity of the housing crisis and options for homeowners facing foreclosure or owing more than their home is worth.
It discusses how over 20 million homeowners will have negative equity, foreclosures have increased dramatically in recent years, and the crisis is affecting many regions of the country. Nevada, California and Arizona have the highest state foreclosure rates. The document also gives an example comparing the costs of short selling a home versus continuing to pay a mortgage on a home that is declining in value.
Tenants of Foreclosed Properties Have Rightswsunter
The document discusses tenants' rights in foreclosure proceedings. It outlines the Protecting Tenants in Foreclosure Act, which states that a purchaser of a foreclosed property takes ownership subject to any leases signed before notice of foreclosure. This protects tenants by allowing their leases to remain valid after the property changes hands in foreclosure. There are two exceptions: if the new owner will occupy it as a primary residence, or if there was no lease. Even then, 90 days notice must be given. To benefit from these protections, a lease must be a bona fide arm's length transaction without involvement of the foreclosed owner or below market rent. The document advises tenants to obtain legal counsel if issues arise
Lack of flood insurance leaves homeowners with financial toll after hurricane...HaulTail
The drenching rains and massive flooding caused by Florence are expected to inflict a high financial toll on homeowners in North Carolina and other states, as only a small percentage are covered by flood insurance that could help offset the costs of rebuilding their damaged homes.
An estimated quarter of a million homes in North Carolina are projected to be affected by Florence, which has caused flash flooding and record rain amounts across the state, according to CoreLogic, a property analytics company.
Looking into the British Virgin Islands Inquiry, Where are we at? Charlie
I go over the current inquiry in the British Virgin Islands that is looking into political corruption and intimidation. I go over how it begun, who's leading the inquiry, and the latest of what has happened so far.
1) During WWII, fewer than half of besieged US army troops at Bataan in the Philippines chose to purchase life insurance when offered, even facing imminent death.
2) In response, the US military established a life insurance selling organization and appointed over 1,000 officers to sell life insurance to troops.
3) Through these efforts, they were able to insure 98.2% of US servicemen in the South Pacific, with an average policy of $9,300, demonstrating that most people will not purchase life insurance without being asked by a salesperson.
Cohabitation Presentation with definitions and case studiesRozCrowley
The document discusses various myths about cohabitation rights and provides clarification on the actual legal rights and outcomes in different cohabitation scenarios. It analyzes 5 case studies involving property disputes between cohabiting partners to illustrate how implied trusts, resulting trusts, constructive trusts, and proprietory estoppel may apply depending on the specific facts and circumstances of each case. The legal rights for cohabiting couples are complex and different than for married couples.
The document provides a weekly real estate bulletin including mortgage rates, new FHA requirements, a landscaping tip, tax tips for homeowners, and local real estate market trends from the 4th quarter of 2009. It also includes recipes, jokes, and notices about upcoming contests and events. The bulletin serves as a one-stop-shop for local real estate news, tips, and community information.
Jan Copley - Red & Blue States Gatheringguestfb519d6
The document discusses community property laws in the United States. It begins with a pop quiz about which states have community property laws and what percentage of the population these states cover. It then provides definitions and examples of separate property and community property earned during marriage. The document discusses how community property laws affect divorce and inheritance, and considers how these laws interact with issues like retirement benefits, insurance policies, domestic partnerships, and same-sex marriage.
The document provides information about the severity of the housing crisis and options for homeowners facing foreclosure or owing more than their home is worth.
It discusses how over 20 million homeowners will have negative equity, foreclosures have increased dramatically in recent years, and the crisis is affecting many regions of the country. Nevada, California and Arizona have the highest state foreclosure rates. The document also gives an example comparing the costs of short selling a home versus continuing to pay a mortgage on a home that is declining in value.
Tenants of Foreclosed Properties Have Rightswsunter
The document discusses tenants' rights in foreclosure proceedings. It outlines the Protecting Tenants in Foreclosure Act, which states that a purchaser of a foreclosed property takes ownership subject to any leases signed before notice of foreclosure. This protects tenants by allowing their leases to remain valid after the property changes hands in foreclosure. There are two exceptions: if the new owner will occupy it as a primary residence, or if there was no lease. Even then, 90 days notice must be given. To benefit from these protections, a lease must be a bona fide arm's length transaction without involvement of the foreclosed owner or below market rent. The document advises tenants to obtain legal counsel if issues arise
This document provides information about tax certificates and tax deeds in Florida. It discusses how tax certificates are sold at public auction if taxes are delinquent, and how the property owner can redeem the certificate. It describes how a tax certificate holder can apply for a tax deed after two years and the tax deed sale process. It also outlines the conditions for when titles based on tax deeds become insurable, such as after the deed has been recorded for over 20 years or if statutory requirements were followed and taxes paid for 4+ years. Restrictions and covenants still apply to property after a tax deed.
Over view of buying real estate in the philippines 1 14-15geann123
This document provides an overview of real estate ownership rules for non-citizens in the Philippines. It notes that only Filipino citizens, corporations with at least 60% Filipino ownership, or trusts with a Philippine trustee can generally own land. However, there are some exceptions, such as for former Filipino citizens, property acquired before 1935, or through hereditary succession. The document discusses options for non-citizens to invest in real estate, such as leasing, using a corporation or trust, and the benefits of each. It emphasizes the importance of understanding Philippine law and protecting interests when entering relationships or agreements with Filipinos.
Foreigner's guide to buying real estate in the Philippinesgeann123
- The Philippines restricts non-citizens from owning real estate, with some exceptions.
- Only Filipino citizens, corporations that are at least 60% owned by Filipinos, or trusts with Philippine trustees can acquire land.
- There are exceptions for property acquired before 1935, through hereditary succession, or if buying a condo unit (up to 40% interest).
- Special visas also allow some foreign ownership of condos and townhouses.
- It is important for foreigners to understand and follow the real estate rules to legally purchase property in the Philippines.
The Estate Tax in 2010: The Year of Uncertainty in Death and TaxesDorothyKorszen
There is currently no federal estate tax for calendar year 2010 due to prior legislation that was set to sunset at the end of 2009 and 2010. This has led to uncertainty for estate planning. Unless Congress passes new legislation, the estate tax rules that were in place in 2001 will return in 2011 with a $1 million exemption and 55% maximum tax rate. For those who pass away in 2010, heirs will receive a "modified carryover basis" for inherited property rather than the usual stepped-up basis, which could result in capital gains taxes upon sale. The gift tax remains in effect for 2010 with a $1 million exemption. Estate planners recommend keeping aware of any new legislation given the current uncertainty.
This document provides an overview of an escrow and why it is needed for a real estate transaction. An escrow guarantees concurrent performance by ensuring the deed and funds are transferred at the same time. It protects all parties by having a neutral third party, the escrow holder, manage documents and funds according to the escrow instructions. This minimizes the risk of fraud or terms not being met. The escrow holder has a legal obligation to safeguard everyone's interests. Escrow enables buyers and sellers to transact with minimal risk by placing responsibility for handling funds and documents with an impartial party unaffected by the outcome.
Foreigner's guide to buying real estate in the philippinesgeann123
The document provides information on real estate ownership rules for non-citizens in the Philippines. It discusses that the Philippines constitution restricts non-citizen ownership of private lands, with some exceptions. It outlines ownership options like forming a Philippine corporation with the required citizenship makeup, using a trust with a Filipino trustee, leasing property, or buying under dual citizenship laws or hereditary succession. The document also discusses taxes, deeds, and the legal processes involved in property transactions.
Florida Homeowner\'s Construction Recovery Fund - A Homeowner\'s Last Resortwsunter
This document discusses the Florida Homeowner's Construction Recovery Fund, which provides relief to homeowners who receive a judgment against a contractor but are unable to collect due to the contractor's lack of assets. To qualify for recovery from the fund, a homeowner must obtain a judgment or restitution order against a contractor for damages, make diligent efforts to collect from the contractor, and apply to the fund within one year. The maximum individual recovery is $50,000 and the maximum annual aggregate per contractor is $100,000, up to a lifetime maximum of $250,000. The fund is intended as a last resort for homeowners who are unable to otherwise collect a judgment against a contractor.
Prenuptial Agreement Lawyer
How to Draft a Prenup You Never Plan to Use
Presented by Melinda M. Previtera, Esquire with
Petrelli Previtera, LLC
https://www.petrellilaw.com/our-team/melinda-m-previtera/
Our Offices in Philadelphia & New Jersey
PHILADELPHIA (215) 523-6900 1845
Walnut Street, 19th Floor Philadelphia, PA 19103
NORRISTOWN (610) 924-2870
516 DeKalb Street, Suite C Norristown, PA 19401 Details
DOYLESTOWN (267) 938-4480
40 E Court Street 2nd Floor Doylestown, PA 18901
VOORHEES, NJ (201) 655-7204 1020
1020 Laurel Oak Road, Suite 203, Voorhees, NJ 08043
CHICAGO (312) 252-2085
180 North Stetson Suite 3500 Chicago, IL 60601
PRINCETON, NJ (609) 917 9560
29 Emmons Drive Suite E-30 Princeton, NJ 08540
LINWOOD, NJ (609) 375-0351
210 New Road #15 Linwood, NJ 08221
Everything you want to know about Property Tax Assessments.pdfTim Wilmath
The document provides an overview of the property tax assessment process in Palm Beach County, Florida. It discusses the county's demographics and introduces the property appraiser, Tim Wilmath. It then covers the history of property taxes in Florida dating back to 1839, important dates in the assessment cycle, how property values are calculated, and the property appraiser's responsibilities in maintaining ownership records and valuing properties.
Should I Short Sale My Home eBook by Harris and Chen. Information regarding Short Sale to avoid foreclosure. How to get out of upside down homes bought at the peak real estate market.
U.S. estate and gift tax laws impose restrictions on non-citizens. Planning is essential to protect assets and transfer them to loved ones. Key issues include:
- Non-citizens are limited to a $60,000 exemption versus $5.4 million for citizens.
- Marital deductions are restricted unless assets are placed in a Qualified Domestic Trust.
- Choosing guardians for minor children when family lives abroad requires special consideration. Overall, citizenship provides tax advantages, so pursuing it should be considered.
Tax issues often dictate how divorce cases are resolved. Whether is alimony or property division, an understanding of tax is critical to the attorney handling the case
14 07-09 orange county bar association - int'l estate planningBruce Givner
U.S. persons with real estate in multiple countries; U.S. persons with relatives in other countries; U.S. citizens abroad; non-U.S. persons with real estate in the U.S.; residency for income tax purposes; residency for transfer tax purposes; expatriation;
Charitable remainder trusts (CRTs) allow individuals to benefit their chosen charity while also providing financial benefits for themselves and their families. CRTs come in two forms: charitable remainder unitrusts (CRUTs) which pay a percentage of the trust's value each year that may vary, and charitable remainder annuity trusts (CRATs) which pay a fixed annual amount. CRTs provide income tax deductions, avoid capital gains tax, and generate lifetime income streams for settlors and beneficiaries while also leaving remaining assets to charity upon death. They are an effective estate planning tool to reduce taxes and provide for families and philanthropy.
This document summarizes how home foreclosures in Pinellas County affect the local economy. It outlines the typical steps in the foreclosure process and explains that foreclosures are rising due to job losses, adjustable rate mortgages, and falling home values. Rising foreclosures lead to lower home sales prices, higher vacancies for retail and office spaces, and budget shortfalls for county governments as property tax revenues decline. To address budget shortfalls, local governments are increasing various fees for services.
This document provides information about predatory lending and homeowners' rights. It discusses signs of predatory loans, laws that protect homeowners like the Truth in Lending Act, and strategies to avoid becoming a victim such as getting an independent appraisal and not signing documents without reading them carefully. The goal is to educate homeowners on dealing responsibly with lenders and avoiding predatory practices.
The document summarizes key points that were presented at a town hall meeting about the current real estate market and opportunities for first-time home buyers using Federal Housing Administration (FHA) loans. It discusses the decline in home prices and rise in foreclosures since 2007. It then outlines benefits of FHA loans for first-time buyers, such as low down payment requirements, more flexible credit guidelines, and the ability to use gift funds and cosigners. It provides details on FHA loan limits, eligibility requirements, and underwriting guidelines.
The document discusses Florida's "Save Our Homes" property tax cap that limits annual increases in assessed home values, how the cap can be lost upon transferring ownership of the property such as by selling it or adding someone other than a spouse to the deed, and advises consulting a tax advisor before making any title changes to a Florida homestead to avoid losing the valuable property tax savings from the cap.
A est. planning - for us citizens final modifiedgeann123
This document discusses estate planning issues for individuals with assets in both the United States and the Philippines. It summarizes that estate planning is complicated by different inheritance laws, potential estate taxes, and probate processes in each country. It also outlines some estate planning tools like wills, trusts, and beneficiary designations that can help plan an estate and avoid probate.
This document provides information about tax certificates and tax deeds in Florida. It discusses how tax certificates are sold at public auction if taxes are delinquent, and how the property owner can redeem the certificate. It describes how a tax certificate holder can apply for a tax deed after two years and the tax deed sale process. It also outlines the conditions for when titles based on tax deeds become insurable, such as after the deed has been recorded for over 20 years or if statutory requirements were followed and taxes paid for 4+ years. Restrictions and covenants still apply to property after a tax deed.
Over view of buying real estate in the philippines 1 14-15geann123
This document provides an overview of real estate ownership rules for non-citizens in the Philippines. It notes that only Filipino citizens, corporations with at least 60% Filipino ownership, or trusts with a Philippine trustee can generally own land. However, there are some exceptions, such as for former Filipino citizens, property acquired before 1935, or through hereditary succession. The document discusses options for non-citizens to invest in real estate, such as leasing, using a corporation or trust, and the benefits of each. It emphasizes the importance of understanding Philippine law and protecting interests when entering relationships or agreements with Filipinos.
Foreigner's guide to buying real estate in the Philippinesgeann123
- The Philippines restricts non-citizens from owning real estate, with some exceptions.
- Only Filipino citizens, corporations that are at least 60% owned by Filipinos, or trusts with Philippine trustees can acquire land.
- There are exceptions for property acquired before 1935, through hereditary succession, or if buying a condo unit (up to 40% interest).
- Special visas also allow some foreign ownership of condos and townhouses.
- It is important for foreigners to understand and follow the real estate rules to legally purchase property in the Philippines.
The Estate Tax in 2010: The Year of Uncertainty in Death and TaxesDorothyKorszen
There is currently no federal estate tax for calendar year 2010 due to prior legislation that was set to sunset at the end of 2009 and 2010. This has led to uncertainty for estate planning. Unless Congress passes new legislation, the estate tax rules that were in place in 2001 will return in 2011 with a $1 million exemption and 55% maximum tax rate. For those who pass away in 2010, heirs will receive a "modified carryover basis" for inherited property rather than the usual stepped-up basis, which could result in capital gains taxes upon sale. The gift tax remains in effect for 2010 with a $1 million exemption. Estate planners recommend keeping aware of any new legislation given the current uncertainty.
This document provides an overview of an escrow and why it is needed for a real estate transaction. An escrow guarantees concurrent performance by ensuring the deed and funds are transferred at the same time. It protects all parties by having a neutral third party, the escrow holder, manage documents and funds according to the escrow instructions. This minimizes the risk of fraud or terms not being met. The escrow holder has a legal obligation to safeguard everyone's interests. Escrow enables buyers and sellers to transact with minimal risk by placing responsibility for handling funds and documents with an impartial party unaffected by the outcome.
Foreigner's guide to buying real estate in the philippinesgeann123
The document provides information on real estate ownership rules for non-citizens in the Philippines. It discusses that the Philippines constitution restricts non-citizen ownership of private lands, with some exceptions. It outlines ownership options like forming a Philippine corporation with the required citizenship makeup, using a trust with a Filipino trustee, leasing property, or buying under dual citizenship laws or hereditary succession. The document also discusses taxes, deeds, and the legal processes involved in property transactions.
Florida Homeowner\'s Construction Recovery Fund - A Homeowner\'s Last Resortwsunter
This document discusses the Florida Homeowner's Construction Recovery Fund, which provides relief to homeowners who receive a judgment against a contractor but are unable to collect due to the contractor's lack of assets. To qualify for recovery from the fund, a homeowner must obtain a judgment or restitution order against a contractor for damages, make diligent efforts to collect from the contractor, and apply to the fund within one year. The maximum individual recovery is $50,000 and the maximum annual aggregate per contractor is $100,000, up to a lifetime maximum of $250,000. The fund is intended as a last resort for homeowners who are unable to otherwise collect a judgment against a contractor.
Prenuptial Agreement Lawyer
How to Draft a Prenup You Never Plan to Use
Presented by Melinda M. Previtera, Esquire with
Petrelli Previtera, LLC
https://www.petrellilaw.com/our-team/melinda-m-previtera/
Our Offices in Philadelphia & New Jersey
PHILADELPHIA (215) 523-6900 1845
Walnut Street, 19th Floor Philadelphia, PA 19103
NORRISTOWN (610) 924-2870
516 DeKalb Street, Suite C Norristown, PA 19401 Details
DOYLESTOWN (267) 938-4480
40 E Court Street 2nd Floor Doylestown, PA 18901
VOORHEES, NJ (201) 655-7204 1020
1020 Laurel Oak Road, Suite 203, Voorhees, NJ 08043
CHICAGO (312) 252-2085
180 North Stetson Suite 3500 Chicago, IL 60601
PRINCETON, NJ (609) 917 9560
29 Emmons Drive Suite E-30 Princeton, NJ 08540
LINWOOD, NJ (609) 375-0351
210 New Road #15 Linwood, NJ 08221
Everything you want to know about Property Tax Assessments.pdfTim Wilmath
The document provides an overview of the property tax assessment process in Palm Beach County, Florida. It discusses the county's demographics and introduces the property appraiser, Tim Wilmath. It then covers the history of property taxes in Florida dating back to 1839, important dates in the assessment cycle, how property values are calculated, and the property appraiser's responsibilities in maintaining ownership records and valuing properties.
Should I Short Sale My Home eBook by Harris and Chen. Information regarding Short Sale to avoid foreclosure. How to get out of upside down homes bought at the peak real estate market.
U.S. estate and gift tax laws impose restrictions on non-citizens. Planning is essential to protect assets and transfer them to loved ones. Key issues include:
- Non-citizens are limited to a $60,000 exemption versus $5.4 million for citizens.
- Marital deductions are restricted unless assets are placed in a Qualified Domestic Trust.
- Choosing guardians for minor children when family lives abroad requires special consideration. Overall, citizenship provides tax advantages, so pursuing it should be considered.
Tax issues often dictate how divorce cases are resolved. Whether is alimony or property division, an understanding of tax is critical to the attorney handling the case
14 07-09 orange county bar association - int'l estate planningBruce Givner
U.S. persons with real estate in multiple countries; U.S. persons with relatives in other countries; U.S. citizens abroad; non-U.S. persons with real estate in the U.S.; residency for income tax purposes; residency for transfer tax purposes; expatriation;
Charitable remainder trusts (CRTs) allow individuals to benefit their chosen charity while also providing financial benefits for themselves and their families. CRTs come in two forms: charitable remainder unitrusts (CRUTs) which pay a percentage of the trust's value each year that may vary, and charitable remainder annuity trusts (CRATs) which pay a fixed annual amount. CRTs provide income tax deductions, avoid capital gains tax, and generate lifetime income streams for settlors and beneficiaries while also leaving remaining assets to charity upon death. They are an effective estate planning tool to reduce taxes and provide for families and philanthropy.
This document summarizes how home foreclosures in Pinellas County affect the local economy. It outlines the typical steps in the foreclosure process and explains that foreclosures are rising due to job losses, adjustable rate mortgages, and falling home values. Rising foreclosures lead to lower home sales prices, higher vacancies for retail and office spaces, and budget shortfalls for county governments as property tax revenues decline. To address budget shortfalls, local governments are increasing various fees for services.
This document provides information about predatory lending and homeowners' rights. It discusses signs of predatory loans, laws that protect homeowners like the Truth in Lending Act, and strategies to avoid becoming a victim such as getting an independent appraisal and not signing documents without reading them carefully. The goal is to educate homeowners on dealing responsibly with lenders and avoiding predatory practices.
The document summarizes key points that were presented at a town hall meeting about the current real estate market and opportunities for first-time home buyers using Federal Housing Administration (FHA) loans. It discusses the decline in home prices and rise in foreclosures since 2007. It then outlines benefits of FHA loans for first-time buyers, such as low down payment requirements, more flexible credit guidelines, and the ability to use gift funds and cosigners. It provides details on FHA loan limits, eligibility requirements, and underwriting guidelines.
The document discusses Florida's "Save Our Homes" property tax cap that limits annual increases in assessed home values, how the cap can be lost upon transferring ownership of the property such as by selling it or adding someone other than a spouse to the deed, and advises consulting a tax advisor before making any title changes to a Florida homestead to avoid losing the valuable property tax savings from the cap.
A est. planning - for us citizens final modifiedgeann123
This document discusses estate planning issues for individuals with assets in both the United States and the Philippines. It summarizes that estate planning is complicated by different inheritance laws, potential estate taxes, and probate processes in each country. It also outlines some estate planning tools like wills, trusts, and beneficiary designations that can help plan an estate and avoid probate.
Similar to Pennsylvania Bar Association's Real Property, Probate & Trust Law Section Newsletter, Winter/Spring 2019 (20)
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
2. Real Property, Probate & Trust Law Section Newsletter • Pennsylvania Bar Association • Winter/Spring 2019
10
F
lorida’s homestead laws are no-
toriously confusing. This article
provides an overview of Florida
homestead laws for Pennsylvania
lawyers with clients domiciled in, or
planning to become domiciliaries of,
Florida and who own, or are consider-
ing purchasing, personal use Florida
residential property.
While the word “homestead” is
often thought to have singular meaning
or importance under Florida law, the
term actually apples in three separate
contexts: (1) ad valorem taxation; (2)
exemption from forced sale/protection
from creditors; and (3) limitation on
inter vivos alienation and testamentary
devise and descent, each of which is
discussed below.
1. Taxation
A Florida domiciliary who holds
the legal or equitable title to Florida
real estate and maintains thereon the
permanent residence of the owner, or
another legally or naturally dependent
upon the owner, is entitled to two real
estate tax breaks: (1) the ad valorem tax
exemption under Article VII, § 6 of
the Florida Constitution, and (2) the
“Save our Homes” limit on annual as-
sessment increases under Article VII, §
4 of the Florida Constitution. Home-
owners must take affirmative steps to
inform the local property appraiser of
the fact that her residential property is
her “homestead.” That notification is
made with an application provided by
the property appraiser’s office and sup-
porting data (i.e., evidence of Florida
residency – driver’s license, voter
registration card, etc. – and evidence of
property utilization, e.g., utility bills).
In Florida, real estate is assessed for
ad valorem taxation on Jan. 1. In order
for a property to be accorded home-
stead status as of Jan. 1, the application
and related materials must be provided
by the following March 1;1
if those ma-
terials demonstrate that the property
was owned by the applicant on Jan.
1 of that year, and Florida residency
was established prior to that date, then
the property will achieve homestead
status as of the Jan. 1 assessment date.
(Applications filed later than March
1 will be treated as applicable to the
following year.) Once homestead status
is established, it is not necessary to
again file an application as long as the
property remains the owner’s perma-
nent residence.
All Florida real property is subject
to taxation based on the applicable
millage rate of the taxing district in
which the property is located, mul-
tiplied by the assessed value of the
property. The initial benefit in having
property characterized as one’s “home-
stead” is that the first $25,000 of
the assessed value is exempt from such
taxation, and an additional $25,000
of the assessed value between $50,000
and $75,000 is also exempt from
tax levies other than those of school
districts.2
These real estate tax benefits
generally translate into a tax savings of
several hundred dollars.
The second tax benefit afforded
homestead property relates to the “Save
our Homes” limitation on the annual
increase in assessed values. For home-
stead property, the annual increase in
assessed values is capped at the lesser
of 3 percent or the percentage change
in the Consumer Price Index from the
prior year. This cap goes into effect
beginning the year after a homestead
exemption is first granted, and, over
time, can provide significant tax sav-
ings, particularly when real estate
values are escalating rapidly.
The annual real property tax sav-
ings from the “Save our Homes” cap
became extremely significant for many
homeowners who could not afford to
(or simply didn’t want to) sell their
homes and start with new “fair market
value” assessments for replacement
homes. As a result, Florida voters
Florida’s Homestead Laws in a Nutshell
By Lorna A. McGeorge, J.D., LL.M.
Lorna A. McGeorge
Continued on page 11
3. Real Property, Probate & Trust Law Section Newsletter • Pennsylvania Bar Association • Winter/Spring 2019
11
subsequently approved a constitu-
tional amendment allowing homestead
property owners to “port,” or transfer,
their accumulated difference between
assessed value and the market value
(up to a limit of $500,000) from an
existing homestead to a new homestead
property within Florida.3
2. Asset Protection
The second and perhaps best known
context in which homestead has signifi-
cance relates to asset protection. Article
X, § 4(a) of the Florida Constitution
provides that homestead property is
exempt from forced sale and “no judg-
ment, decree or execution shall be a
lien thereon ... ” Exceptions exist for
obligations arising from (1) taxes and
assessments on the homestead; (2) the
purchase, improvement or repair of the
homestead; and (3) labor performed
on the subject property (i.e., construc-
tion liens). The property covered by
this protection extends to the residence
and up to half of an acre of contiguous
land if located within a municipality,
or up to 160 contiguous acres of land
and improvements thereon if located
outside a municipality. Unlike the tax
benefits afforded homestead property,
the protection from creditors’ claims
is self-executing; no application or
declaration is required to entitle one’s
“homestead” to this exemption from
creditor claims.4
Under Article X, Section 4(a) of
the Florida Constitution, to qualify
as homestead, a residence must be
owned by a “natural person” (i.e., not a
business entity or an estate) and must
serve as the permanent residence of
the owner or her family. An individual
claiming homestead status must have
an actual ownership interest in the
subject property but need not hold fee
simple title to qualify — the protective
status can attach to an undivided inter-
est, a beneficial interest, an equitable
interest, a life estate or a lease in some
cases. The interest must, however,
include the present right of possession.
Thus, an undivided interest as tenant
in common of only 20 percent owner-
ship is entitled to homestead status if
that 20 percent owner actually uses the
property as her primary residence and
satisfies the other homestead require-
ments. Homestead protections are only
available on an individual’s primary
home — they do not apply to rental
property, second homes or homes of
owners who do not claim Florida as
their state of domicile.
When the owner of homestead
property dies, the property’s homestead
status also ceases to exist. The property
is not the homestead property of the
decedent’s probate estate (particularly
since the property must be owned by
a “natural person” to be entitled to
creditor protection), and that observa-
tion might lead one to think that the
decedent’s creditors could reach the
property by making a claim in the
probate proceedings.
Under Florida law, title to real prop-
erty passes at the instant of death,5
and
Section 4(b) of Article X of the Florida
Constitution provides that the exemp-
tions from creditor’s claims “inure to
the surviving spouse or heirs of the
owner.” Thus, while the property is no
longer the homestead of the decedent
or her estate, so long as the property
passes by testamentary direction (if
permitted – see Part 3, below) or by
intestacy, to her surviving spouse or
heirs, the exemption from the dece-
dent’s creditors’ claims remains in effect
and inures to the recipient spouse or
heir(s). (In these circumstances, the
subject property is referred to in the
Florida Probate Code as “Protected
Homestead.”)
Note, however, that “Protected
Homestead” will not be protected
from the claims of the creditors of the
recipient of the real property unless the
recipient establishes that such property
is her permanent residence (i.e., her
“homestead”).
To assist in the conceptual under-
standing of this aspect of homestead,
homestead status has been compared
to marital status, which is another legal
status created during lifetime:
[Each] is a status voluntarily cre-
ated during lifetime by meeting
certain conditions. [Each] gives
to the spouse/homesteader cer-
tain lifetime rights. The particular
benefits of each status end at the
instant of death, however, certain
rights attach at death from the
ended marriage/homestead in favor
of the surviving spouse/heirs. The
surviving spouse may subsequently
marry/become a homesteader but
that marriage/homestead has noth-
ing to do with the prior marriage/
homestead. It is totally indepen-
dent. Also, it has nothing to do
with the survivor’s rights which
accrued/inured from the marriage/
homestead (such as elective share,
family allowance, right to prefer-
ence as personal representative/
exemption from forced sale by
decedent’s creditors). Following the
death, we are no longer concerned
with the marriage/homestead, but
only with the rights which flow
from it.6
3. Inter Vivos Alienation and
Testamentary Descent and Devise
The final context in which home-
stead is significant relates to alienation
of homestead property during the
owner’s lifetime and its devise and de-
scent upon the owner’s death. As with
a property’s exemption from creditor
Florida’s Homestead Laws in
a Nutshell
Continued from page 10
Continued on page 12
4. Real Property, Probate & Trust Law Section Newsletter • Pennsylvania Bar Association • Winter/Spring 2019
12
claims, the limitations on disposition
of homestead during life or at death
exist without action on the part of the
owner.
Article X, § 4(c) of the Florida Con-
stitution permits homestead owners,
“joined by the spouse if married,” to
alienate homestead “by mortgage, sale
or gift.” This section protects spouses
during their lifetimes by requiring that
the spouse of a married person join in
any inter vivos conveyance of homestead
property. This joinder requirement
extends to transfers to the title holder’s
or the spouse’s revocable trust, regard-
less of whether such trust provides the
other spouse with a life estate or greater
interest at the owner’s death. If the
spouse does not join in the conveyance,
the attempt to convey is void. This
concept has confounded even experi-
enced Florida practitioners. Notably,
the joinder requirement does not apply
to non-homestead real property.
Perhaps the most mystifying aspect
of homestead property pertains to the
restrictions on its owner’s freedom to
devise such property at death. Most
practitioners in Florida and Pennsyl-
vania are well aware that, subject to
certain and limited spousal rights of
election, property owners are free to
make testamentary disposition of their
assets as they wish. This is not necessar-
ily so with homestead property.
The Florida Constitution and
related Florida statutes expressly restrict
how homestead may be devised upon
the owner’s death, and the Florida
statutes reform an improper transfer of
such property. The devise (by testa-
mentary instrument) of homestead
is limited by Article X, § 4(c) of the
Florida Constitution7
and Florida
Statutes § 732.4015, but its descent
(by intestacy) is controlled by Florida
statutes §§732.101-732.106, §732.108
and §732.401.
Article X, Section 4(c) of the
Florida Constitution and Florida
Statutes §732.4015 forbid a devise
by testamentary instrument of real
property if the owner is survived by
a spouse or minor child. However, if
there is no minor child, the homestead
may be devised to the owner’s surviving
spouse.8
For purposes of this provision,
the term “owner” includes the grantor
of a revocable trust.9
Stated differently,
if the homestead owner (either directly
or indirectly via a revocable trust) dies
leaving either a spouse or a minor
child, she is not permitted to dispose
of the homestead via last will and
testament; if there is no minor child,
she may devise the homestead to her
surviving spouse.
The obvious question, of course,
is what happens to the homestead
property if it is simply not permitted
to be devised or if it is permitted to be
devised to a surviving spouse but the
last will and testament (or revocable
trust agreement) provides for a differ-
ent treatment? Florida Statutes Section
732.401 directs that, in such cases, the
homestead shall descend in the same
manner as other intestate property.
However, if there is a surviving spouse
and at least one other heir, the spouse
takes a life estate10
and the remainder
interest vests in the other intestate
heir(s) (including minor and adult chil-
dren, if applicable). If the homestead
owner has no surviving spouse and
no minor child, she is free to dispose
of the homestead property without
restriction and irrespective of whether
she is survived by adult children.
These rules limiting the freedom of
devise are not applicable to property
held by the decedent and her spouse
as tenants by the entireties or as joint
tenants with rights of survivorship.11
For these purposes only, and having
no bearing on issues pertaining to real
estate taxation or creditor protection,
property owned by spouses as tenants
by the entireties or jointly with right of
survivorship is not treated as “home-
stead.” Under those circumstances, the
constitutional limit on devise is not
needed to protect the sanctity of the
home because title vests in the survivor
by virtue of the nature of the estate.
It is hoped that the foregoing infor-
mation provides Pennsylvania attorneys
with a starting point for reviewing is-
sues related to Florida homestead laws.
Lorna A. McGeorge is an attorney work-
ing with Cohen & Grigsby PC’s office in
Naples, Fla. Her practice areas include
estate planning, trust and estate adminis-
tration, and estate and gift taxation.
Endnotes
1 SeeFLA.STAT.§196.031(1);§193.155.
2 Art.VII,§6,Fla.Const.;FLA.STAT.§196.031.
3 Art.VII,§4,Fla.Const.;FLA.STAT.§193.155.
4 However,FloridaStatutes§222.01providesa
proceduretoexpresslyinvokeconstitutionalhomestead
protectionandincludesaformtoclaimhomestead
statuswhichnotifieslienholdersthattheyhave45
daystofileanactionforadeclaratoryjudgment
todeterminethehomesteadstatusofthesubject
property.Ifthelienholderdoesnotfileadeclaratory
judgmentactionintime,thelien“...shallbedeemed
asnotattachingtotheproperty...”
5 FLA.STAT.§732.514.
6 RohanKelley,HomesteadMadeEasyPartI:
UnderstandingtheBasics,FLBarJ.18 (March1991).
7 ArticleX,§4(c)providesthatthehomestead“shallnot
besubjecttodeviseiftheownerissurvivedbyspouse
orminorchild,exceptthehomesteadmaybedevised
totheowner’sspouseiftherebenominorchild.”
8 FLA.STAT.§732.4015(1).
9 FLA.STAT.§732.4015(2)(a).
10 Inlieuofalifeestate,thesurvivingspousemayelectto
takea50percentinterestasatenantincommonwith
theotherintestateheirs.
11 FLA.STAT.§732.401(5).
Florida’s Homestead Laws in
a Nutshell
Continued from page 11