Archive for the ‘business’ Category

Translia Follows Strict Quality Control When It Comes To Document Translation

Saturday, August 27th, 2011


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Wills

Monday, March 29th, 2010

Jeff thought he had lost just about everything when his wife, Nancy, died of breast cancer at age forty-foui leaving him with their two young children to raise. As it turned out, his losses were just beginning.
Before I met Nancy, I had sort of thought I would never get married or have kids, but she was different. She had moved from New York to California six years ago and found she just loved it here. About six months before we met, she bought a house for $225,000. It was kind of run-down, but she wanted to fix it up. That’s how we met. I’m a contractor with my own firm, and I came over to give her some estimates. I ended up doing the job for free—because six months later we were living together. We worked on the house together and it was transformed. Supposedly it’s worth about $300,000 by now.
To our surprise, Nancy got pregnant—she had never thought she could—and soon we were married, with two daughters. After our daughter was born, Nancy’s mother came to visit, and she didn’t like me at all; I know she thought I wasn’t good enough for Nancy. But it didn’t really matter, because she lived in New York and we hardly ever saw her.
Last year, Nancy was diagnosed with breast cancer. She had surgery, radiation, chemo, the entire treatment. The whole process scared us because we never really knew if Nancy was going to be okay or not. We realized that we never had given much thought to these things and that we didn’t even have a will. It was Nancy who insisted we have one drawn up. The house was still in her name, just as it was when we met, but in the will she left it to me. It was a given that I’d take care of the kids; I love my girls. She knew I’d find a way. In the end things happened so fast. Nancy wanted to die at home, but the health insurance didn’t cover the hospice care. So when the time came, I paid for it with credit cards. It was hard. 1 wasn’t working very much because I wanted to be with her all the way through this.
After Nancy died three months ago, I went back to the lawyer to see what came next. Maybe I should have just taken the kids and left town. The probate fees on the house are going to be enormous. No way do I have that; all our savings went to the hospice people, and now I have credit card bills, too, plus I gave up a lot of jobs to be with my wife. The lawyer says that unless I pay these probate fees, he will probably force the sale of the house. That’s not all. Now Nancy’s mother has flown out from New York, says she wants the kids, that she can give them private schools, and that I’m not a good father. That’s not true, and the attorney says it will never happen, but now I have attorney’s fees up to here. Even if I could get the money for the probate fees—which feels like making bail or something—now I’ll have to sell the house anyway, to pay the attorney’s fees and the credit cards. So the kids and I will lose the house regardless. All that work we put into it. I thought nothing could get worse after I lost my wife. I thought wrong.

The fees

Tuesday, March 9th, 2010

Probate fees vary from state to state—but you get the idea. Probating a will takes time and money, no matter what state you’re in. If your estate is very small, you might be able to avoid probate with a simple will. Assets valued at less than $60,000 to $100,000 (depending on the state) can be transferred to your heir by a simple process called probate affidavit. It costs very little, doesn’t take much time, and makes it easy for your survivors to receive what you want them to. Probate affidavit forms are available in most banks at no cost. Be careful, though. Your estate could be worth more than you think. See page 107 for assessing your net worth.
Keep in mind, too, that wills can be contested, which means that anyone who thinks he or she should have something in the will that the deceased left to someone else has the right to come to the court and ask for it. Then the judge has to decide. Also, although people commonly use wills to specify guardians for their children, this recommendation is not binding. It can only express one’s wishes. Even though Jeff is the legal father, and even though the will expressed Nancy’s desire that he be the sole guardian of the children, the legal guardianship of children always rests in the hands of the court. Nancy’s mother knew what she was doing when she flew to California to ask the court for the children. Will she get them? It’s unlikely, but the court will make its decisions based on whatever it feels is in the best interest of the children.
Could Nancy have arranged her affairs differently, to save all this agony and expense? At least some of it could have been avoided if Nancy had set up a revocable living trust.

Money matters

Wednesday, February 24th, 2010

Where you want your money to go is one concern. Where you don’t want it to go is just as important.
ANNIE: Ever since Daddy died, it’s been a nightmare.
SARAH: My husband, Harry, fought with Peter, our son, for years, and always said he wouldn’t get another dime. We had to give him money so many times; over the years, that’s tens of thousands of dollars. The worst thing was when Harry died, Peter didn’t even come to his funeral, couldn’t be bothered. I will never forgive him for that. I decided then that was that. I won’t let him have another dime, just like Harry said. Last year I moved here from Florida to live near Annie, my daughter, and my grandson, William. I trust Annie, she never wanted a thing. Peter is living in our house in Florida and wants it put in his name. No way. He can live there, but nothing more. Not one penny.
ANNIE: Mama kept all the money in a brokerage account in Florida. Daddy liked the person who handled it, so she thought, Why not just leave it there? What did we know? Daddy always took care of everything, so when we would get these statements from Florida, we just filed them away. Mama hardly goes out on her own anymore because she’s afraid she’ll trip and fall. But she loves to cook. Most nights William and I go over, and she makes us a great dinner. One night when we got there she was waving this power of attorney form around that Peter had sent her, and she was having a fit.
SARAH: I’m getting older, yes, but not senile, as you can see. Peter is trying everything to get his hands on my money. Can you imagine? He sends this note that says, “Mama, just sign here.” Power of attorney. If anyone is going to take over for me, I want it to be Annie. I trust her with my life. I just want him to leave me alone. And when I die, I want the money, what’s left of it, to go to Annie and William. Not a penny to that son of mine who wouldn’t even come to his own father’s funeral.
This story is dramatic—and it gets worse. But I’ve seen many cases like this. Money can tear apart families, even families that were closer than this one to begin with, faster than anything else.
I met Annie and Sarah when they were referred by another client who thought they needed some financial help, and I was dceply relieved that they came when they did. Time was of the essence. I opened all the Florida statements that they had filed away, and they were stunned to find out that Sarah’s assets added up to more than $3 million. They had no idea. I noticed something else: many, many trades of stocks and bonds had been going on in her account. How could Sarah have known this, when she didn’t even open the statements or mail that came from the brokerage house? A few calls to the broker later and we found out that it was Peter who was trading the account. The broker figured it was okay because Peter was Sarah’s son. This was no excuse and his actions could have cost• that broker his job, but Sarah felt that Harry had liked him and that was good enough. Even so, we convinced her to transfer the entire account to a reputable broker here in California, where she lived. She also worked with an estate and trust lawyer, Janet, an associate of mine I have come to trust by watching how she has worked with other clients in the past, to make decisions about how to best protect her estate.
We put together her revocable living trust and began transferring her assets into it. The assets would remain in her name throughout the rest of her life, then would pass directly to Annie. Because of Sarah’s age and frail health, we also gave Annie durable power of attorney for health care, which is covered later in this chapter. Because the estate was large, and because we all felt that Peter would do whatever he could to claim whatever he could, we took an additional precautionary step. We videotaped Sarah talking about the trust, expressing what she wanted to have happen to her estate when she was gone. As we went through the process, Sarah decided in the end that she wanted to leave Peter $10,000. Although frail, Sarah knew exactly what she wanted and what she was doing, and the video reflected that.
Everything went fine for about four years, but as Sarah’s health continued to weaken, she decided she wanted Annie to step in as the new trustee of the trust. This meant that Annie would be the one who could decide what was to happen with the money in the accounts, write checks against them, and generally oversee everything. They came back to my office, and it was an easy process to change the name of the trustee from Sarah to Annie. Janet then informed in writing all the institutions that held Sarah’s money that Annie was the new trustee.
About two weeks later Peter called to say that he was coming to visit Sarah; this was a first, and it made Annie very nervous. Still, she agreed to join her brother at her mother’s house for dinner the night he was due to arrive. When she got to Sarah’s condo, however, the locks had been changed. After meeting with the super and calling a locksmith, Annie gained entry and found her mother gone, her suitcase gone, her checkbook gone—and the pills she needed to take every day still on the night table. Five days later the authorities found her in a hospital in Florida. She had collapsed from dehydration and starvation.
Annie and William, in a panic, flew to Florida to bring Sarah home, and her story emerged slowly. Peter had taken his mother to the bank and tried to close out her account—but wasn’t able to, since Annie was now the trustee of her mother’s trust. He was able, however, to clean out her safety-deposit box of quite a lot of cash that Sarah liked to keep there just in case. Then he flew her to Florida, made her sign another power of attorney form he’d drawn up. That was all Sarah would say about the last time she saw her son. As Annie and William were bringing her home, Sarah died.
After Sarah’s death Peter was notified about the trust and how much he was to get. He was furious. He claimed that his mother had promised to transfer the deed to the house over to him while she was in Florida. He claimed a lot of other things as well. He threatened to sue. But we sent his attorney a copy of the trust and a copy of the video, and that was that. Even though Peter was actually living in the house, the trust made Sarah’s wishes crystal clear. Her trust overrode Peter’s claims and threats. The trust protected what Sarah wanted to have happen to her money. Had Sarah had a will, not a trust, the probate fee on $3 million would have been $82,000.
One footnote to this story: Because there was a lot of money at stake here, and because Sarah and Annie were afraid that others might find out how much money they had, their privacy was a big concern to both of them. So there was yet another reason why they were better off with the money in a trust rather than in a will. Wills are public documents, and after someone has died and his or her will has been probated, anyone can go down to the courthouse and look up the information within it. With trusts, only the people you want to se them can see them.

What if you don’t have a will or trust?T IF YOU DON’T HAVE A WILL OR A TRUST?

Sunday, February 14th, 2010

No problem, as long as you don’t die.
If you do die—no, when you do die—your loved ones will soon find that by not taking action, you have left their inheritance up to the state.
Let’s say you own your house, which was part of your divorce settlement, in your own name. Since divorcing, you’ve remarried and are hopelessly in love with your new hubby. Still, because of the terrible divorce you went through, you feel a little safer keeping the house in just your name. Your two children from your first marriage have never liked the idea that you remarried, and even though they’re grown, they’re extremely possessive of the house they grew up in. If anything were to happen to you, you would want your new husband to be able to stay in the house for as long as he likes, then title would transfer to your kids. But you haven’t got around to creating a will or a trust.

Close end funds

Sunday, December 27th, 2009

There is another type of mutual fund, known as a closed-end fund. This is where from the very beginning the number of shares that can be sold to the public is decided ahead of time; once the shares are sold, the fund is closed to new business. It won’t issue new shares, the way the open-end funds will. New people can buy into a closed-end fund only if someone who owns it wants to sell it. Essentially it’s priced and traded just like a stock—so the value of its shares may not correspond exactly to the value of its holdings.
For our purposes here, though, we’re dealing with open-end funds. These are the ones you usually hear people talking about, and these are the ones commonly offered in 401(k) and 403(b) retirement plans.


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