Closing Agents/Attorneys And The Closing Process
Your application to your lender for a home mortgage loan leads you inevitably to the closing attorney’s office. You undoubtedly have questions as to what the role of the closing attorney is, what tasks the closing attorney will perform and what will take place at the closing. First, understand that the closing attorney represents the interests of the lender. Read more
Holding Title to Investment Property in a LLC
Investors in real estate throughout Greater Boston have seen their property values increase dramatically over the past few years. Most real estate investors would agree that one of their major concerns regarding investment property is to limit their personal liability from such investment property and not have their personal assets subject to creditor claims. A limited liability company (LLC), a relatively new entity in Massachusetts, provides investors with limited liability like that of a corporation and the ability to have pass through tax treatment like that of a partnership. It is these characteristics which make the LLC an attractive entity for holding investment real estate. Read more
Avoiding Capital Gains on Investment Property
Thinking of selling investment property and buying a retirement home or a second home on Cape Cod or in Florida? With a little planning, you could be retiring to a home in a destination of your choice without paying capital gains taxes of approximately 30%. You could have 30% more buying power if you were to perform a 1031 tax-deferred exchange. Read more
Protecting Your Interest Deduction
Many individuals have seen their portfolios rise significantly over the last few years, and as a result of such increase in wealth, many homeowners are paying cash for their homes and foregoing mortgages. As a result of these no mortgage purchases, homeowners are foregoing large interest tax deductions they could have received had they purchased their homes with a mortgage. Buyers who pay cash for their homes typically purchase more expensive homes, have larger mortgages and are generally in higher tax brackets so they would receive a greater benefit from the home mortgage interest deduction. Read more
Protecting the Principal Residence from Medicaid Liens
For many individuals, their home is their largest asset, and people both young and old are often emotionally attached to their homes. Parents and children have an interest in making sure that their home is not subject to creditor claims, particularly Medicaid liens, if either or both parents were to enter into a nursing home. Read more
Family Limited Partnership Can Help Reduce Estate Taxes
Can the way a property owner holds title to real estate impact the fair market value of the real estate for estate tax purposes? Absolutely! The value of a decedent’s estate can be significantly reduced depending upon how a person’s assets are owned at death. For example, if real estate is owned in a family limited partnership (“FLP”), the value of the real estate may be discounted, for estate tax purposes, due to “lack of marketability” and “minority interest” discounts, thus reducing the amount of estate taxes due upon the property owner’s death. Read more
Probate & Administration
Probate is the legal process used by a state:
- to determine the validity of a will
- to supervise the administration of estates
This process is overseen by a particular court in the state where the deceased lived, usually called the probate court or surrogate’s court. If you own real estate in another state, you will probably need to probate the will in that state as well. This process is called ancillary administration of an estate.
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Know What Your Rights Are!
When making an arrest without a warrant a police officer must tell you the reason for the arrest, unless you are in the act of committing the crime or are being chased. Read more
Matrimonial
Marriage is a civil contract. The state has an interest in preserving marriages. Accordingly, the marriage relationship only can be dissolved by a court, by either a divorce or an annulment. It also may be altered by a decree of separation granted by our courts. In any case, there must be a proceeding in the Supreme Court in which the person seeking the divorce, separation decree or annulment must prove “grounds.” Read more
Patent Glossary
Bounty: a reward offered for a piece of fugitive information.
Bounty Hunters: information holders and sharers. People who respect and appreciate the power and value of knowledge. With BountyQuest, Bounty Hunters can harness their knowledge in order to actualize both its power and its value. Read more