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Liability law suits! Avoidable! Partnerships, corporations, limited liability companies, family limited partnerships. Proper Planning Prevents Poor Performance! ...More ››
This includes community property (acquired during the current marriage), joint tenants (equal interest), tenants in common (unequal interest) and sold "as is". ...More ››
Rule #1 is to DISCLOSE all information the bankruptcy court asks you to DISCLOSE. Includes chapters 7, 11, 13, debt reduction, foreclosure & mortgage modification...More ››
Sometimes it is possible to arrange a payment plan. Best debt settlements, however, are available if you are able to settle the entire debt in one payment....More ››
I have had numerous opportunities to work with Tony Delas at Foothill Law Group regarding an ongoing situation affecting our family trust. Tony has done an exceptional job explaining our legal options and making recommendations that were in our best interest, all without charging us exhorbitant legal fees. Tony, having experience in industry before getting his law degree, takes a conservative approach when it comes to giving legal advice, which I really appreciate.Dale W., San Jose, CA
I highly recommend Tony for anyone looking for a no-nonsense, practical attorney that won't gouge his clients with high legal fees.
Had really bad experience with "professional movers". Quoted price of 4k and when they showed up, they wanted 13k. Tony dropped what he was doing and came to my house. Kicked the shady movers out, so we could find new ones.William S., Eagle, ID
This is one type of property that you must have a title in order to have any rights in it. How do you do this?
Joint Tenants….and why it may be a bad idea. Each of the joint tenants owns the same interest in the property and has the right of survivorship. All co-owners must take title at the same time. Upon death of a joint tenant the surviving joint tenant(s) own the entire interest. This is usually a problem for second marriages as each spouse may want to direct disposition of their property to their heirs and not to the heirs of the other spouse.
If joint tenancy is not held by a husband and wife, each joint tenant is free to sell his interest. The new title is held as tenants in common.
Here are some of the reasons why joint tenancy may not always be a good idea (covers real and personal property examples):
Loss of control, especially if you hold with a child or another person. Cannot sell or mortgage without the other party agreeing to the transaction (have to go to court to partition). Capital gains taxes are due if sold after death (as is usually the case). The co-owner’s creditors may come after the property or the co-owner may empty the entire (bank) account.
Capital gains tax example from the Revocable Trust section. Only the deceased spouse’s one half of the original cost basis gets stepped up to one half of the market value, i.e., $625,000. Yours stays at $30,000 for a total of $655,000. This leaves you with the gain of $545,000. You have to pay capital gains tax in case of sale (as many widowed people do in order to “get away” from the memories.) Depending on when you sell and tax rates at the time, you may end up paying tens of thousand of dollars in capital gains taxes.
This website is intended for educational and informational purposes only. The information contained on this website is not intended as a source of legal advice. You should not act upon or rely on information at this or any other website without the advice of competent counsel, especially if you reside outside the State of California, where we are not licensed to practice law and don't give advice. This information may not have been updated to reflect subsequent changes in the law, if any. Your particular facts and circumstances, and any changes in the law, must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. Nothing provided by this website is intended to create an attorney-client relationship. Sending e-mail to this firm or to an attorney at this firm will not create an attorney-client relationship, i.e., it does not mean that we have agreed to represent you. This website is intended for educational and informational purposes only.
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