Sample Living Trust - Should You Use One

In my estate planning law practice I get asked all the time if it is ok to use a sample living trust from the internet.  My answer is maybe.  If your total estate tax net worth value is less than the estate tax threshold amount then you can do it yourself.

To calculate your net worth estate tax value, add the value from the following assets:

real property;
financial assets;
personal property; and
death benefits on life insurance you own on your life.

The threshold amount for federal estate tax is $3,500,000.00.  In addition approximately 19 estates have an estate tax threshold that ranges from $1,000,000.00 up to the federal amount.  If you are below these amounts and are willing to take the time to learn what each section of the trust means then you can and should draft your own document from an internet sample living trust. 

Please be aware though that many samples on the internet are just that, samples.  They fit a small population. If you fit within that box, then you will probably be fine.  If your situation is a little different then the sample living trust you are working from may not be the right option.

You should look for a product that gives you information and options and was created by an attorney.  Look for products that teach you about the trust.  Once you understand what makes up the trust document, you will be able to put it together to fit your individual facts and circumstances.

You also want a sample living trust product that gives you all of the supporting documents along with detailed information on how to fund the trust.

Going with a sample living trust can save you thousands of dollars in attorney fees but you need to take the time to understand which product is best.

Washington Domestic Violence Law

Domestic Violence Charges in Washington

A charge of domestic violence can initiate not one, but a series of criminal prosecutions, setting actions in motion that can have very serious, long-term consequences. Washington state law provides for vigorous prosecution of anyone charged with the crime of domestic violence (DV). It is, in fact, one of the most zealously prosecuted crimes in the state. As in many criminal prosecutions, competent legal counsel is critical to assure that the person charged is provided an effective and timely defense that will generate the most successful resolution possible.

Washington state law defines DV as any crime committed against a family member, someone living in the same household, or against someone with whom you have or have had a dating relationship. While the majority of domestic violence cases involve couples who are in or have been in an intimate relationship, the scope of the law is not limited to that scenario. It can also apply to parent-child relationships, sibling relationships and various other established associations or domestic affiliations as defined in RCW 26.50.010 and RCW 10.99.020.

Washington state law, specifically RCW 26.50 and RCW 10.99, deals with domestic relations and defines the applicable relationships as well as the behavior considered to be in violation under the law. Harassment, intimidation, threatening, bodily injury or harm, physical or sexual assault, and stalking are just a few of the listed violations. Misdemeanor or felony charges can be filed as a result of any of these actions based on the circumstances and severity of the crime.

Once an arrest for DV has been made, the court will schedule an arraignment proceeding where formal charges will be filed by the prosecution and the defendant will be required to enter a plea of guilty or not guilty. Upon accepting the plea and assuming a not-guilty plea was entered, the judge will determine the conditions of release. Conditions could include participation in a treatment program, electronic home monitoring, or adherence to a no-contact order. The judge may issue a no-contact order at this time if there is not one already in place. A date is set for the pretrial hearing and the defendant may be released based on the judge's conditions. If, on the other hand, a guilty plea is entered, the defendant may be remanded into custody until sentencing.

No-contact orders are issued by the court for the protection of the victim in a DV case. Adherence to the court order is absolutely essential, whether the victim deems it warranted or not. For example, when law enforcement responds to a DV incident and an arrest is made for criminal conduct, the court will determine whether a protection order is warranted. That order must be honored by both parties or a subsequent arrest and prosecution will be initiated for violation. The victim does not have the authority to reverse a no-contact order and must abide by the judge's order or incur additional criminal prosecution.

At the pretrial hearing, the parties will review the charges and any progress in the case to determine its readiness for trial. At this point, the prosecution and defense have the opportunity to amend the charges or the plea, and the case will either be resolved or will proceed to trial. Motion hearings may be set before trial to hear various issues and then, barring settlement or pleading out to a lesser charge, the case will proceed to trial. At trial evidence will be submitted by both parties, and the judge or a jury will enter its judgment accordingly, either for conviction or acquittal.

The laws of the State of Washington are enacted to protect the victims of domestic violence. The court system works in concert with the district attorney to prosecute offenders to the full extent of the law and protect the victim. If you have been arrested for domestic violence, your first response must be to seek qualified legal counsel who can prepare an appropriate response to the charges filed against you. Procedural and legal responses will need to be presented to support your case and these require the experience and expertise of a professional with years of familiarity with the law. A criminal conviction is a lifelong issue and affect everything from your right to vote and be in possession of a firearm to your future freedom and the ability to work at the job of your choice. It is critical to consult an experienced Washington attorney if you face domestic violence charges. For more information about the legal implications of domestic violence charges, visit http://www.vancouverlaw.net

When Should I Hire an Attorney For My Injuries From a DUI Accident?

Victims of DUI accidents often suffer from injuries, which brings them to the hospital or inhibits them from working on their jobs. Confinement, depending on the severity of the injury, often runs for several days or weeks. During this time, it is undeniable that the medical bill will keep on surging. Another dire consequence of being a victim from a DUI accident is the inability to earn while suffering from injuries.

When you look at the situation of victims, you can immediately see that the devastating results of a DUI accident are immediate. This means that the moment the accident happens, the victim started to suffer as well. The results are immediate, in fact simultaneous to the accident. It is not something that was prolonged, but the pain and suffering started at the very moment that the victim became unconscious due to the impact of the careening vehicle on his body, perhaps at that precise instance when the victim bumped his head on the steering wheel. Whichever the case, considering that the results are immediate, action on the part of the victim or the victim's family must also be done immediately.

If you are the victim, or the victim's family, then seeking the help of a DUI accident attorney must also be done immediately and not a day later. The earlier you seek out the lawyer's help, the earlier that you would be able to ask for the proper compensation as well. Remember that your medical bills do not decrease but only increase as the days go by, and it started to roll the moment that you entered the hospital premises right after the accident happened. So immediately seeking the help of a DUI accident lawyer would always be the best way to go if you are the victim or the victim's family.

Immediately soliciting the help of a DUI accident attorney can actually provide you with lots of benefits. You can raise your case to the courts at the earliest period and your plea would be heard earlier as well. This means that you can also receive the compensation that you need for your pain and injury could be granted to you at the earliest possible time too.

Active Arrest Warrants - What is a Warrant For Arrest and Why You Should Care

Check yourself for active arrest warrants today

Checking for arrest warrants is one of the most important background checks you will ever do on yourself, or on anyone else for that matter. If you've got a warrant for arrest and you choose to ignore it then you could find yourself with a hefty fine or a vacation in jail. So what exactly is an arrest warrant?

There are 2 kinds of warrant that can get you arrested

There are two forms of warrant that you can get arrested for. There are Bench Warrants and Arrest Warrants. Arrest Warrants are issued by a court when the police present adequate evidence that you might have committed a crime. Bench Warrants on the other hand are issued by the court when you fail to do something that the court has told you to do like pay a fine, do community service or even just turn up on time.

Being aware of arrest warrants when they're issued is very important and could save you a lot of money or even prevent you getting thrown into jail. The first thing you should do is find out if you have a warrant for your arrest using an online public records database. If you do have one then you should get yourself a lawyer as soon as possible and arrange to hand yourself in.

Give yourself up before they start chasing you

The trick is to give yourself up to the court before the police come looking for you. It will be the difference between walking into court voluntarily and being dragged in handcuffed by the police. Which of these two scenarios do you think will gain you the most sympathy and favourable treatment from the court?

Don't waste time, check for arrest warrants now and make sure that you check regularly in the future.

Should You Tell If the Neighbours Are From Hell?

Despite the most serious downturn in the housing market in living memory, 360,000 households still upped sticks and moved last year - all because of their neighbours.

Indeed, an inability to get along with the folks next door accounted for 10 per cent of all house moves, according to a survey by Halifax Insurance.

Also according to Halifax Insurance, one in three neighbours have - or have had - a dispute of some sort and the latest figures are up by a third in the last two years.

Tellingly, four fifths of those who sold up for this reason did not inform their buyers, or their agents, despite this often being a legal requirement. This brings sharply into focus the responsibilities implicit on people who decide to put their homes on the market because they can't get along with the people through the wall.

Lawyers in Edinburgh and Glasgow work to a deed of 'Standard Conditions' in relation to house sales. One of its clauses, referring to title disputes, says that when a house is offered for sale there should not be "current disputes with neighbouring proprietors or occupiers or any other parties relating to access, title or common property."

At one time this clause also applied to historical as well as current disputes but that reference has now been erased. Clearly, however, vendors are still required to inform potential buyers of any dispute with either neighbours, or people who live further down the road, relating to the property itself or - probably more commonly - the front and back grounds. This might include disputes over: pedestrian access to a property, or vehicular access to an adjacent garage; boundary issues; and overgrown plants and trees (leylandii has become such a problem that it has led to the setting up of an 'action group' of aggrieved homeowners).

One can understand the temptation to 'keep mum' about such things, especially in a market as slow as the one we have today. However, if a title dispute is concealed, the buyer could then have the opportunity to sue the seller under the Property Misdescriptions Act. Not many aggrieved buyers are likely to go that far; however where the seller really runs a risk is the buyer learning of the dispute before completion of missives - and pulling out of the sale altogether as a result.

Disputes over title (e.g. garden walls, blocked access, etc) took second place in the Halifax survey to aggressive behaviour and excessive noise, which were the two main reasons for homeowners moving out.

In this case buyers are on less firm ground for recompense if they believe a vendor did not mention (or lied about) the existence of other householders in the vicinity who had a penchant for late night parties, blaring portable radios or carrying out DIY jobs at midnight.

If someone has a real worry about moving in beside 'neighbours from hell' they could ask their lawyer to make an offer for a house provisional on the understanding that other householders in the vicinity share common values and respect one another's space, peace and quiet. Unfortunately I do not see such a clause being acceptable to most house sellers.

The problem with judging noise from neighbours is one of degree. OK, so there are some hopelessly anti-social elements out there whose behaviour is beyond the pale in anyone's language - and who, according to Halifax Insurance, can knock up to £30,000 off the value of a property. But in a lot of cases noise and disturbance are subjective - what might lead one household to suffer a joint nervous breakdown could be simply smiled off by another. Also, another common reason for neighbour disputes has nothing to do with title or disturbance; it's simply that the two people on either side of the garden fence cannot stand the sight of one another.

In reality, one practical way of increasing the chance that your next move is to a sufficiently peaceful location is to go along there around 11pm on several Friday or Saturday nights and gauge the nature of the environment. If the neighbourhood is relatively quiet at that time then is likely to also be so for the rest of the week!