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What is a Living Trust?

Please explain to me what a living trust is. Thanks.

1 Answer In: Estate Planning By: admin [8 ]

Of course trying to guess what a court will do is always a long shot, especially when all the facts are not clear.

I would venture to say that if your ex is not the father of your son, it is unlikely he will be successful on his petition for visitation. However, the mere fact of his filing the petition leads me to believe that your ex must have some legal grounds for filing it.

Paternity can be established by voluntary acknowledgment or by law (depending on the jurisdiction you live in). “By law” means that under some state laws, if the child was born while you were married to your ex, the law presumes that your husband at the time is the father. This presumption in the law is (normally) meant to protect the illegitimate child from not receiving financial support from his or her father.

When you say, “He has no paternity on him,” what do you mean?

Let me know what state you’re in. I’m a California lawyer and greatly encourage you to consult with a family lawyer in your jurisdiction.

There is a concept in the law called “double jeopardy.” It means that a person cannot be held in jeopardy of being found guilty of the same crime twice. Otherwise, the state could simply try somebody over and over again until they get a conviction.

That said, I’m a bit confused by your post. Are you being charged again for the same crime or a related crime? The former would violate one’s civil rights, the latter would likely be fair game. Could you please provide a little more detail about what’s going on?

In the interests of full disclosure, I am a California attorney, but these laws I’m discussing are constitutional in nature. Nevertheless, you should immediately consult a local criminal law lawyer.

That sounds like a good approach LadyBugg. I hope it works out!

LadyBugg – in California, you can obtain a legal separation that does not require divorce. The effect on how you hold your property is the same as divorce as property gets divided into each spouse’s separate property and income, leaving no remaining community property.

LadyBugg – thanks for visiting the site and posting your question. It sounds like your chiropractor needs to get his act together! Its unfortunate that these copays are only coming up now, but it’s not clear that that relieves you from having to pay them. You should first call your insurance company and find out if what the chiro is telling you is accurate. Was there, in fact, copays due for your visit or not? This should have been disclosed to you. If the copays are required, then you will probably have to pay up. If they are not, then you should correct the chiro. Either way, make sure to take detailed notes of who you talked to at the insurance company and when. I hope this helps! Good luck.

You’re certainly welcome. I would send her a certified letter notifying her that you will pursue the action in small claims court; that may move her to action. (By the way, if she does not show up to court, you win by default.) I hope you get your pictures back.

I assume you’ve already asked him to leave. Have you? If not, you should.

Are there any other reasons you want him out? Has he been violent to you or the kids? Does he have a substance abuse problem?

Try reaching out to family to assist you. Do you have a sister, brother, aunt or uncle that can take you and the kids in until you find an alternate living arrangement? Have you researched local resources (e.g., shelters, support groups) that can help you in the short term?

What state are you in?

(Note: I am an attorney in California so I can provide you with general legal information, but you should consult with an attorney in your jurisdiction for more specific legal advice.)

I completely sympathize with your situation as it happened to me a few months ago. I had ordered something and the vendor had reneged on the deal and would not deliver. Of course, it was not as emotionally sensitive as photographs of my children so I can understand your being upset.

Things changed when I made a final written demand (this is a formal letter usually delivered by certified mail) for the vendor to complete its services and provide me with what I had paid for or provide a full refund. (It helps to have a paper trail of a cancelled check and completed order form.) I pointed out to the vendor that I was making a final demand in anticipation of filing a small claim lawsuit against the vendor. In California, it is a legal requirement that you first ask for your money and receive a refusal from the vendor before filing as case.

On receiving my letter, it was a matter of a few days before I received what I had paid for.

I can say that your case is a little more complicated because it is a cash transaction (I hope you have a receipt) and you aren’t sure where you can get a hold of her anymore. There is however, it appears, evidence of your conversations with her including potentially emails you exchanged with her about getting the CD.

I would encourage you to look into filing a small claim. If successful, you may not get the pictures, but a refund; however, the pressure of the legal process and having to refund may make it easier for this photographer to cough up the pictures, which is what you want anyway.

What state do you live in?

(Note: I am an attorney in California so I can provide you with general legal information, but you should consult with an attorney in your jurisdiction for more specific legal advice.)

A living trust is another instrument used to distribute assets according to an individual’s wishes. However, there is a large difference between a living trust and a will. A living trust is an actual legal entity that is created by an individual as an asset holder. Once funded, the assets’ titles will transfer from the individual’s name to the trust’s name. But, the individual remains the owner of his or her assets and is able to fully control the assets acting as a trustee, the one in charge of the trust. When the individual passes away, the next indicated trustee will give the individual’s assets to the beneficiaries, the people named by the deceased. Having asset titles in the trust’s name allows the trustee to transfer ownership to the beneficiaries without having to go through probate.