Q-Legal

Q Money: Maximize Your Tax Advantage

Financially, 2009 was a year many of us were more than happy to leave behind. But amidst partisan finger pointing and bickering over health care reform, Congress managed to pass two significant pieces of legislation that could help improve your finances going forward and possibly even get you a break on your 2009 taxes.

Put legal affairs in order before it's too late

Real-life situations are a good way to introduce some of the many legal issues that face the LGBT community every day. Let’s take a look at how disability can affect us and complicate our affairs; and how careful planning ahead can make a very real difference.

Our love/hate relationships with attorneys

Most folks don’t like lawyers. They think we speak a foreign language; we are cold-hearted, thick-skulled and ill-tempered. They think we enjoy stuffing them into uncomfortable little legal boxes to keep them on the right side of the law. And they think we charge a fortune for doing all these things they don’t like. Yep, people have little use for lawyers ... until they really need one.

Scorecard for Same-Sex Marriage

In all of world history, it is likely that the meaning and practice of marriage has never been discussed, dissected and wrangled over, as much as it has in the past three or four years. A strong push by the international LGBT community and many other supporters of equal civil rights has catapulted marriage laws into the forefront of news around the globe, and 2010 is guaranteed to be a year of action and revelation on every front.

Financial problems: Real life answers

Bankruptcies continue to skyrocket in the U.S., with a 2009 increase of 32 percent over the same period in 2008. In California, the increase is a whopping 60 percent over last year. The fallout from mortgage foreclosures and job losses has hit us particularly hard.

What we don’t do can really hurt

We have talked about powers of attorney, Wills and probate processes in the past couple of months. Possibly you nodded off while reading them, or skipped them entirely. I understand. We don’t like to think about incapacity or death. Also, estate planning is not really for you—it is for those you leave behind. It often takes an unexpected jolt or tragic occurrence to make us say “Oh no! I should have…” or “How awful! He forgot to…” But at that point, it is often too late.

Let’s look at two real life incidents that may make you take action:

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Probate-Putting your Will through the hoops

Recently, we discussed Wills—why they are important and how they should be created.

What happens to your Will after you die? In California, Wills must be filed within 30 days of your death with the Superior Court in the county of your residence. Usually, the person you named as Executor or Personal Representative in your Will is the person who submits the Will to begin the probate process.

Who Owns That Family Heirloom?

Recently, Dan contacted an attorney with this question: “We have an original lithograph by a famous artist that has been in our family for several generations. For the last few years, it has hung in the living room at my sister’s home here in California. She recently passed away, and her son (my nephew) cleaned out the house and sold most of her furniture. He took some items, including the lithograph, back to his home in Florida. He refuses to return the artwork to me. Everyone in the family knows that it should be mine. It looks like I may have to file a lawsuit to get it back.

Q-Legal: The Power of Attorney

All of us are likely to create or act on a Power of Attorney (POA) at various times in our lives. Let’s talk about what Powers of Attorney do for us, and why they are important.

First, a Power of Attorney is a document that is created giving another person or persons legal authority to act on your behalf. When you create a POA, you are called the “Grantor” or “Principal,” and you control all of its terms. You can create a POA to fit any particular situation you wish. You may change the terms or cancel the POA at any time, as long as you remain of sound mind.

Q-Legal: On theWay to Palimony?

In our last couple of articles we talked about the rights and responsibilities of registered domestic partners and how they are nearly the same as those of married persons in California. But what about the millions of people here and throughout the U.S. who pair off, live together, and often share their assets and incomes without any formal or legal arrangement at all?

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