Archive for August, 2010

Why opt for an irrevocable trust when you cannot change it later

Monday, August 30th, 2010

Estate planning and management requires the use of various instruments. One such is the irrevocable trust. As the name suggests, this type of trust incorporates terms and conditions that are not possible to change after the creation of the trust. It is, in this regard, that these trusts are completely opposed to the concept of revocable trusts.

Why then, would one opt for such a trust? There are various benefits of forming this type of trust arrangement. Here are a few:

1) Any entity can create an irrevocable trust while he/she is living. If the grantor is not the trustee, he/she can also become a beneficiary of the trust.

2) The assets are exempt from estate taxes. (As these assets is not the personal property of the grantor, you need not bother about taxation)

3) The irrevocable trust provides asset protection with ease. (It is safe from unscrupulous creditors and litigation suits)

Is there any way to change the provisions of the trust? Usually, the trust agreement has conditions for an acceptable change or modification. In most cases, all the parties involved – that is the grantor, the trustee as well as the irrevocable trust beneficiary – must reach a unanimous decision to change a certain term of the agreement.

Before you finalize any trust formation, it is best to talk to your accountant as well as your attorney. Financial and legal help is essential to come up with an agreement that is useful for all parties involved in the matter.

Is it legal to evict a tenant before end of lease term?

Friday, August 27th, 2010

Every legal dispute has two facets – the plaintiff’s perspective and the defendant’s perspective. Suppose you want to evict your tenant for some reason. Or, suppose, you are the tenant facing threats of eviction. Either way you require help from a good landlord/tenant attorney proficient in Louisiana laws.

Here is a look at the matter from the two different perspectives.

Imagine how you would feel if, even after repeated requests, your tenant does not bother to turn down the volume of the blaring music. It is sure a nuisance. Or, your tenant fails to pay the rent on time and comes up with an excuse each time. These are legitimate grounds for terminating the tenant’s rights to the use of the property.

However, there is no sudden way to do this. You need to give a warning and enough time to amend this type of practices. If this fails, then only you consider taking the matter to the court. You need to file the eviction action at the county/parish court. As a resident of New Orleans, you have to file the case at the Orleans Parish Court.

If, as a tenant, you face such a court notice, you need to take immediate step. Contact a New Orleans landlord/tenant attorney and discuss what to do. The best way is to talk and resolve the issue in the presence of the legal professionals. If it seems impossible, you may have to face a trial. The court decides whether to carry out the eviction action or not after examining the evidence presented.

What Makes You So Confident About Successful Immigration in New Jersey

Thursday, August 26th, 2010

If you are in a hurry to get the immigration notice for your family members in New Jersey, you must know how an attorney can expedite the process. You must also focus into the type of matter the NJ immigration lawyer may handle for you.

As per USCIS immigration attorneys would perform several steps to get you legal benefits under rightful law status.

Let us see what the steps are:

ImmigrationA) First, USCIS would approve an immigrant petition (I-130 petition for Alien Relative) for you. This is to be filed by your sponsor or relative (with whom you are going to stay). The relative has to provide proof on your relationship to him or her.

B) The department of state would then analyze is there any immigrant visa number immediately available to you. If yes then you can apply for one of the immigrant visa number assigned to you. You can also check the status of your visa number from state bulletin status.

C) If you are in New Jersey, after getting the Visa number available you may apply to change your status to lawful permanent resident. If you are outside US, to get the immigrant visa number you need to go to the US consulate servicing in your area and complete the process. This is an alternative way to get the visa number.