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Legal Blog

Creditor Harassment - Know Your Rights

First of all, you cannot be arrested and jailed for failing to pay a debt (except for back child support). And a creditor or bill collector CANNOT just confiscate your tax refund or withdraw money ...
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Bankruptcy and Past Due Tax Filings

One reason some people may consider filing bankruptcy is because they owe taxes. While it is generally accepted as fact that taxes are not dischargeable debt but, in some cases, they may be eligible. ...
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Special Needs Planning - When Should You Plan For Guardianship?

Special needs planning can be very complicated and complex. If you have a Special Needs Child or adult-child for whom you need to plan a guardianship, the Law Offices of James C. Shields and their ...
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Decant Your Irrevocable Trust And Save On Taxes

Irrevocable Trust Defined As part of their estate planning process, some individuals decide they prefer to have an irrevocable trust rather than relying on more traditional methods of distributing ...
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6 Additional Estate Planning Tips for Parents

Are you the proud parent of a newborn child? While you're celebrating, it's important to also start planning for their future. Here are six additional important estate planning tips for new ...
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3 Crucial Estate Planning Tips for New Parents

Giving birth to a child is a life-changing experience. Nobody remains the same after they become a parent; you simply look at the world differently. One of the things that change after giving birth to ...
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Estate Planning & Probate Matters - Taking Care of Aging Parents

Estate planning, probate matters and taking care of aging parents have become very complex over the past few decades. Thankfully, Elder Law advocates for the elderly; this includes a vast array of ...
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Gifting Your Assets - A Crummey Trust Can Protect Against IRS And Creditor Claims

Many hard-working individuals naturally want to pass on their assets to their family -- the people they care about the most. In this post, we will discuss the Crummey Trust and how this trust can play ...
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How Bankruptcy May Help With Student Loan Debt

Most consumers are aware elimination of federal student loans is nearly impossible when filing bankruptcy. However, this does not mean you cannot get some relief when you opt to file Chapter 7 or ...
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Using Strong No-Contest Clauses To Ensure Your Intentions Are Honored

When preparing your estate plan, you want to make sure your intentions are honored. No matter how clear you are about your wishes, there may be a disgruntled relative who wants to challenge your ...
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An Overview Of Chapter 7 Bankruptcy

Perhaps you are feeling overwhelmed by debt and urgently need relief. But deciding to file for bankruptcy is a difficult decision. Before initiating a bankruptcy, you should understand what it is. ...
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Ten Common Fiduciary Accounting Mistakes And Tips On How to Avoid Them

If you are acting in a fiduciary capacity, such as a guardian, conservator, or trustee, you will be required to maintain fiduciary accounting. It is a fairly simple accounting process. Trusts, for ...
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Which Type of Bankruptcy is Right for Your Situation?

If your debt is so overwhelming that you can't possibly repay it all, you may be considering bankruptcy to give yourself a fresh and legal financial start. The Bankruptcy Reform Act of 2005 gives ...
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Is a Revocable Living Trust a Good Option for Your Estate?

It is inevitable. We will all eventually be leaving our earthly possessions and assets to our families and other loved ones, but we want our heirs to be as comfortable as possible. One way to ...
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Key Things You Should Know Before Filing for Bankruptcy

Living in a debt economy has become the norm for many individuals who are now struggling to make ends meet. Miss a payment on a credit card and the high-interest rates kick in, triggering an ...
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Do You Need a Living Trust?

What if you could control the disbursement of your estate and assets to your loved ones while you are still living and able to ensure that your final wishes are carried out? You can! A living trust is ...
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6 Ways to De-stress From Your Student Loan Debt

According to an article by CNN, "... Student debt now totals about $1.5 trillion,"(1), surpassing the totals owed for credit cards and auto loans. Not surprisingly, with tuitions at an ...
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What Happens if a Creditor Garnishes Your Wages in California? - Pt 2

[The Continuance] Except for Child Support and Student Loans However, just as taxes, child support, and student loans can gain permission to garnish wages without the usual lawsuit, they also have ...
Continue reading "What Happens if a Creditor Garnishes Your Wages in California? - Pt 2" »

What Happens if a Creditor Garnishes Your Wages in California? - Pt 1

Have you been hearing the term 'wage garnishment' thrown around lately? Perhaps you're looking at a letter in the mail that seems to have come out of the clear blue, other than that debt a ...
Continue reading "What Happens if a Creditor Garnishes Your Wages in California? - Pt 1" »

Updating a Will -- when to do it?

When you make a will, you will have taken an important step in making sure that your assets are disposed of in a manner you desire. However, especially if you have drawn up the will early in life, you ...
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Chapter 7 Bankruptcy Clarifications Help Home-Buying Millennials

Many millennials in their late 20s and 30s yearn to buy a home, but credit card and student loan debt makes it difficult. While some financial experts shame the younger generation for spending too ...
Continue reading "Chapter 7 Bankruptcy Clarifications Help Home-Buying Millennials" »

Protect Your Beneficiaries with an IRA Trust

Those with significant assets they wish to control and protect once they pass to the beneficiary should seriously consider setting up a revocable living trust. You may have heard them referred to as ...
Continue reading "Protect Your Beneficiaries with an IRA Trust" »

The Benefits of Chapter 13 Bankruptcy

Debtors who are looking to file for bankruptcy are usually debating between chapter 13 and chapter 7 bankruptcy. While each has their pros and cons, and will benefit different people based on their ...
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A Few Things You Should Know About Guardianship

There are several cases where a court may deem it necessary to place a child, elderly person, or a someone with special needs, under the care of a guardian. Here are a few things you might want to ...
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How to Know if Chapter 13 Is the Right Bankruptcy Choice for You

When debt begins to overwhelm a household, bankruptcy can become a viable solution. But the choice to file bankruptcy is a massive decision and trying to understand the difference between a Chapter 7 ...
Continue reading "How to Know if Chapter 13 Is the Right Bankruptcy Choice for You" »
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