What Do I Need to Do to Start a Business?
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- Published in LLC's and Corporations, Videos
Should I Put My Homestead Property In My Revocable Trust?
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Should I put my homestead property in my revocable trust? If you ask all the estate planning lawyers as to whether or not you should place your homestead property in the revocable trust, probably half of them would advise you not to do so and the other half would tell you that it is not a problem.
If you do put your homestead property in the revocable trust, you will avoid probate, and that’s one of the big reasons why people set up trusts. If you do put your homestead property in a trust, it may lose its protection from creditors unless you make specific provisions to leave your homestead property to an heir at law, and then it should continue to have protection from claims or creditors. Hopefully you don’t have more creditors than you do have assets so it wouldn’t be an issue.
But if you’d like to discuss that issue, please give me a call at (727) 847-2288.
Do I Still Own My Property if I Have Filed for Bankruptcy?
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Do I still own my property if I have filed bankruptcy and have included the lien or the amount that I owe in the bankruptcy estate? The answer is, yes, you still own the property even after you’re discharged from bankruptcy. The bankruptcy simply discharges the debt, meaning that you no longer have personal liability for the promissory note. The lender still has a mortgage against the property. However, they must foreclose that mortgage in order to divest you from the title. So, you should not just walk away from the property even after a foreclosure in that you can retain the property until they complete a foreclosure action. So, you still own it until such time as they’ve completed a foreclosure action against your property.
If you have any questions about ownership of your property after you’ve filed a bankruptcy action, give me a call at (727) 847-2288.
- Published in Real Estate, Videos
Does a Trust Protect My Real Estate From Creditors?
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Does a trust protect my real estate from creditors? I’ve heard from any number of people saying, “Oh, well, he put his property in his trust so the creditors could not reach them.” Well, this is a myth. If you have a revocable trust and you transfer your assets into your revocable trust, it does not protect them from creditors and creditors can reach them just as if you owned it in your individual name. So, by doing that, you haven’t accomplished anything. I suggest if you’re concerned about liability as far as, let’s say, a rental property, then I suggest that you get liability insurance or what you call an umbrella policy to protect you against any potential suits by tenants.
If you’re concerned about creditors reaching your property as a result of an automobile accident or something like that, an umbrella policy would also be the answer. Now, anytime the property has a secured lien, such as a mortgage, well, they’re able to foreclose the property no matter who owns the property and the lean take priority over any subsequent advances.
So, if you want to protect your property from creditors, give me a call at (727) 847-2288 and we’ll be glad to talk to you about how to protect your property from creditor’s claims.