Clark & Howell

Do I Need a Lawyer When Buying a Home?

The short answer is, “No”, but buying a home is a complicated purchase. A lawyer represents your interests, and will help you understand your rights and obligations. You are being asked to sign and understand documents that will affect your…

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Do I Need a Lawyer to Incorporate My Business?

It all depends. Do you understand the tax implications of a C-Corp, an S-Corp, an LLC?  Are there partners involved?  Is this a start up or are you purchasing an existing company?    Determining the appropriate corporate format will affect your…

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Do I Need a Lawyer for a DUI Case?

You should hire a lawyer if anyone was injured or killed as a result of your DUI arrest; or you have several DUI’s; or your paycheck is based on keeping your license. Keep in mind Attorney Matthew Howell provides a free initial consultation to…

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What Would Happen if I were Mentally Disabled and had no Estate Plan or just a Will?

The possibility of a disabling injury or illness can be worrisome. Unfortunately, you may have to become the subject of a conservatorship or guardianship proceeding. If you become mentally disabled before you die, the probate court can appoint…

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Why Do I Need an Estate Plan?

Most of us spend a considerable amount of time and energy in our lives accumulating wealth. With this, there comes a time to preserve wealth both for your enjoyment and for future generations. A solid, effective estate plan ensures that your…

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What is the Difference between a Living Will and a Living Trust?

A “Living Will” is a document that describes you wishes regarding life support if you are ever in a terminal condition or irreversible coma (think Terri Schiavo). As mentioned above, a “Living Trust” deals with your assets either in the event…

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Can I Transfer Real Estate into a Living Trust?

Yes. In most cases real estate should be transferred into your Trust. Otherwise, upon your death, depending on how you hold the title, there will be a probate in every state in which you hold real property. When your real property is owned by…

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Will my estate have to pay any Estate Taxes?

Whether your estate will be required to pay any tax on your estate at the time of your death depends on the size of your estate and the tax laws at the time of your death. Currently, an estate under $3.500.000 does not have to pay any federal…

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How Do I Avoid Probate Costs?

When property passes through probate, you may incur many costs which can be substantial depending on the size of your estate and the location of any real property. All of these fees and expenses can reduce the estate to be distributed to your…

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I Have a Pet, Which I Want to Make Sure is Cared for After My Death. Can I do that with a Living Trust?

You can create a “Pet Trust” as an option; this trust can be for a specific animal or animals or for whatever animals survive you. You can designate different trustees for the care of the pet and the amount allocated for the care of the animal.…

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What is a Living Trust?

A trust is merely an agreement, like a contract between two parties. The person establishing the trust (the “Settlor”) and the person holding the property (the “Trustee”) hold property for the benefit of another (the “Beneficiary”). In a…

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We are Married. Can we still have a Joint Living Trust?

You have the option to prepare a Joint Trust along with all of the matching supporting documents for a “Non-traditional Couple”. We will determine the best type of Trust for you after taking into account your estate tax situation. Please note…

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Will a Living Will Save on Estate Taxes?

If your estate is subject to either federal or state estate tax, a trust can save substantial taxes for a married couple. These savings are obtained by being able to use the exemption amount at each death, instead of just at the death of the…

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How Can I Avoid Probate Delays?

A living trust allows you to AVOID PROBATE. Probate is a court procedure that is required if your assets are distributed without a will, under a simple will or under a will with a testamentary trust. In court probate proceedings, the court …

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How Do I Reduce or Eliminate Estate Taxes

For married grantors, the estate tax liability, which would otherwise be due at the death of the survivor, can be greatly reduced or completely eliminated by proper planning. This planning can be accomplished in a living trust (although it can…

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