There are situations when people want to transfer property to a loved one prior to their passing. There are several ways that this can be accomplished, each having pros and cons.
Establishing a trust has become a popular way to transfer property. However, the type of trust established could result in you losing complete control of the property. Additionally, property tax exemptions could be affected by transferring a property into a trust. When transferring a property via trust it is important to consider the purpose of the transfer, your financial needs for the future and the needs and circumstances of the beneficiary.
Deeding the property as a method of transfer may be a viable option for some and there are different ways to deed the property forward. A person can just deed the entire property and retain no ownership interest in the property. Alternately, you can transfer it as a joint tenancy with rights of survivorship. Joint tenancy with rights of survivorship gives each owner an undivided share that directly passes to the other owner. However, like a trust, there are benefits and consequences. If you deed the property forward to another party, it will likely have an effect on tax liability, some effects are positive and some can be negative. Additionally, if the property you are deeding is your residence you are losing some or all of the control of your home.
There is no crystal ball to know what your healthcare needs may be as you age and your ownership interest in property can affect benefit eligibility. There is no right or wrong solution to transferring property and it is deeply dependent on your specific situation and needs. Always contact an attorney to fully explore the options available to you.
Divorce Mediation is about you and your soon-to-be ex-spouse working through the issues together. It is about making decisions together, rather than leaving your future up to a judge. A mediator is a neutral third party that works to help resolve some of the issues or disagreements pertaining to children custody, support, property division, and taxes. The mediator does not play the role of therapist or lawyer, although they might be one when not acting as a mediator.
The mediator helps keep discussions moving forward when there are disagreements. The mediator helps to create solutions and keep lines of communication open. Mediation provides an opportunity for both parties to have their voices heard.
The purpose of the mediation is to reach an agreement or settlement. If the parties can agree together then they do not have to rely on a judge to make decisions regarding the shared children or property. A successful mediation may not lead to an equal division, rather it is about coming to an agreement that both parties can live with.
Some reasons to consider using mediation during a divorce:
· Mediation is much less expensive than hearings or a trial.
· Most meditations are successful in reaching a settlement in your divorce.
· Mediation is confidential, with no public record of what goes on in your sessions.
· Mediation allows you to arrive at a resolution that works for both you and your soon-to-be ex-spouse.
· You can still have a lawyer if you wish.
· You and your soon-to-be ex-spouse can control the process rather than the Court.
· The process of mediation can improve communication between you and your spouse.
To find a mediator click here. Also, talk to your attorney about using a mediator to work through issues and come to an agreement that works for both you and your spouse.
When you interact with the police because of a traffic stop or as part of questioning for an investigation it is very easy to think that the police officers are “on your side” or trying to be helpful. More often than not, this is exactly what they want you to think. Police are trained to get people to volunteer information. I am not saying that police are out to get you or to find a reason to slap on the handcuffs. The important factor to remember is that the police are there to gather information which may or may not result in your arrest. Make no mistake; you should always comply with the officers' requests when you are required to do so. Often people do not know what they are required to do and what they can politely refuse. Some general rules to follow are:
Police Interrogation or Interview
If you are being questioned as part of an investigation it is important to not give a statement without an attorney. The necessity of an attorney is true even if you are giving a statement as a witness or a friend of an accused. Often, it is unclear what angle law enforcement may be taking regarding the line of question or what they may be alluding to as part of their investigation.
If you are the accused, it is crucial that you have an attorney with you while you are being questioned by the police. However, in Indiana you have to specifically say “I want an attorney”. Statements such as, “I may need an attorney” or “Do you think I should get a lawyer” are not enough. If you are under arrest, it is imperative to stop talking and wait for your lawyer. If you are wearing handcuffs, lawyer up and then shut up!
Am I free to leave?
If you are not under arrest, your next question should be, “Am I free to leave?”. If the answer is yes, then leave. The officer or detective may want to follow up with you to ask more questions at a later time and he or she may ask if that would be OK. Always have all questions directed to your attorney. You should remain polite and respectful while you go through this process. You will get along much better in the long run if you “play nice”.
If they answer no, then ask if you are under arrest. If the answer is no, then ask to contact an attorney. At this point you need to follow the short rule from mentioned above “lawyer up and then shut up!”
Always Be Respectful
You will get a lot further with law enforcement if you show them respect. Arguing and fighting is most certainly going to result in being put in handcuffs. If this happens, see rule mentioned above. Police are people doing a job. Sometimes they have bad days and come across as rude or arrogant. Giving them attitude and being disrespectful will not help in any situation.
Even if you don’t agree with the what the police are telling you to do just comply with the officer's request. People try to talk their way out of trouble or talk in lieu of following instruction. I cannot think of one instance when someone talked their way-out of trouble with the police. More likely, you are talking your way into more trouble.
Ultimately, you want to avoid giving the police or investigators your conviction on a silver platter by talking too much. Do not think that you are smarter than the police or investigator. They complete hours and hours of training in questioning and interrogation. Always request a lawyer. Don’t volunteer information without a lawyer present. Always be respectful and follow the instructions of the police. This is not a way to keep from going to jail but it will help prevent you from putting yourself there because of you big mouth.