Take a moment to grieve for all the employers out there. It's going to get worse over the next four years. Shout out to Philly, Detroit, and Milwaukee for making this possible.
What oh what distinguishes those cities? That's right…they're all majority black cities. Why don't you take your racist, voter suppressionist bullshit somewhere else.
Hey @10:40
Why is everything with you racist and voter suppression?
What these cities have in common is lawlessness, homicide and hobbled police. I would add LA and Chicago to the list.
10:40 Of the many, many attributes with which you could define cities, your mind races toward race. This says far more about you, than about the comment you lamely attacked. How about you take your woke self back to the SJW group from where you sprang, or were shat, as the case may be.
I wish both sides would just clearly say what they mean, it makes for less personal attacks amd focuses on whatever issues are brought up. Sloganeering is just too broad and easy to attack from all sides.
What I love is that both 11:30 one 12:36 then double down on the ignorance and act as if 10:40 is the problem. Economically this country has done better with Dems in the Oval Office then Republicans for a century. So no, employers are not screwed, they'll be better off. But continue your doom and gloom you keyboard warriors. Your guy lost, let it go. In four years if you're right, I'll own it. But you won't be. Bigots.
LA, Detroit, Chicago, Philly etc.
All in economic ruin, pension funds are unfunded, dead people voting, high crime. And you want to cast hate and blame on the people reading this blog?
These are all generationally democratically controlled cities. It is not my fault that they are in deep. Go yell at the voters in those cities. Take your hate elsewhere.
Are you people really examaning EVERY city in the US and from your deep, seriously unbiased examinations found that these specific cities need to be brought up to the forefront as THE examples of democraticly run cities that are failures for those specific reasons, and all others passed muster.
Yup, cause all those towns in red state flyover country don't have huge opioid/meth issues, poverty, or any crime. They are practically perfect in every way.
Republican policies (especially St Regan in the 80s) are what caused the unions to be unfunded. That had to do with the GOP's hard on for deregulating Wall St, not the cities. And the voter fraud they found…it was trump voters. A guy in PA registered his dead mom and dead mother in law and voted for trump on behalf of both of them. Projection much?
Guest
Anonymous
February 4, 2021 8:43 pm
Let me get your opinion on something. I have a client who wants to move a bunch of properties from a revocable trust to an LLC. These are all rentals. Will the recorder's office allow her to go from the trust, which she is the grantor/trustee/beneficiary of, to the LLC, which she is the sole member of, without charging transfer tax? In other words, will they give her the benefit of exemption 7 and 9, while allowing her to do it in one step? or does she have to pass them all to herself, then to her LLC? Just trying to save her some money if possible.
Recorder's Office generally will not. I have thrown this one past the Recorders Office and it has gotten through. The converse is not true: any transfer from LLC to Trust will be taxed.
My recommendation is to have the trust be the owner and manager of record for the LLCs that way the LLCs are assets of the trust and can avoid probate. Also – a transfer from the trust without consideration, OR a transfer to an LLC where the grantor is 100% owner of the LLC/Grantee is an exemption. I've done that in the past without RPTT issues many times (from a revocable trust or irrevocable trust into a wholly owned subsidiary LLC.)
Exemption 7 allows for a transfer to or FROM a trust. My experiences with the Recorder's office is that the exemptions are construed very narrowly and sometimes it seems to the whims of the person reviewing the requested recording.
If your client owns 100% of the entity, she should qualify for Exemption 9. There have been in my practice instances where the Recorder added some additional requirement or was flat wrong and I would have like to have taken a petition for judicial review, but my clients could not afford the fees that would have been required.
Suppose the client owns multiple rental properties and, for asset protection planning, wishes to set up separate LLC's for each rental property. All of the rentals are currently owned 100% by a previously established Revocable Trust. In this hypo, the rentals need to be deeded to the LLCs. What result at the Recorder's office?
3:29 assuming the revocable trust is going to be the only member of the LLCs as well, they should not have to pay the transfer tax under exemption 7 or 9 as a transfer from a trust without consideration and a transfer to an LLC of which the transferor is the sole owner. Of course, in reality the recorder's office is a crap shoot.
My experience with the recorder's office is that if you really don't want the hassle of a rejection, call down and talk to an auditor before you submit it. They're actually pretty reasonable.
Replying to @3:29p – Putting properties in LLCs is not very good asset protection planning – it is asset collection DELAY planning. If a creditor has a judgment against the client in this case they can get a charging order against all LLCs owned by the individual, or owned in his/her revocable living trust. At that point, the client will never be able to distribute any money to him/herself until the judgment is paid because the charging order directs all equity distributions to go to the creditor. If you want ACTUAL asset protection, you'll need an irrevocable self-settled spendthrift trust under NRS 166, with the LLCs owned by that trust. At that point, the client doesn't own the assets. 2 years and 1 day later the trust becomes damn near impenetrable by the client's personal creditors if the trust is setup correctly and the deeds recorded.
Would the spendthrift trust protect my assets if, after two years and one day, I marry and have children and then decide to leave and become the subject of a child and spousal support order?
9:15, almost correct.
The disadvantage is that the trust is irrevocable and the settlor cannot distribute to himself, herself. There must be a third party trustee. Often this is a company that charges an annual fee, sometimes based on the value of the assets. With regard to the charging order and LLC's, the creditor can only obtain what is distributed from the LLC. With regard to real property, the irrevocable trust is an impediment to obtaining financing or refinancing. Also, although I am not 100% certain, newly acquired property must suffer through the statutory limitation period.
And to follow up, very careful drafting is required. Is the gift completed to the trust, will there be grantor trust treatment for federal taxation? Will the effort to retain rights of control cause, in the case of income created in foreign state, like a California medical practice, escape state taxation? The Franchise Tax Board is very aggressive. Notwithstanding these risks, the irrevocable trust may be required to file an annual 1041. The taxation rates are significantly higher than for individuals and income not distributed could cause additional tax burden.
If an attorney is boiler plating from a copy he or she found of an self settled trust, I suspect that most have committed malpractice.
-dlowrey
Guest
Anonymous
February 5, 2021 12:28 am
WORKERS OF THE WORLD UNITE
Guest
Anonymous
February 5, 2021 12:57 am
Recommendations for high end competent divorce attorneys that can handle divorce of professional couple with assets, debts, businesses, and children?
5:04 why? For the kids? Because divorce is messy and expensive? Should we try legal separation instead? Should we just live in separate houses so she can hook up with whomever, but keep our finances entangled?
5:26- Open marriage. Let her live her life and you live yours. Cheaper to do post-nuptial arrangements regarding the finances than to fight over the china unless you need to marry your legal secretary.
Based on 20 years of high-end family law work in CA, I suggest that the professional couple needs to seek a good mediator instead of, and before, family law attorneys. I had a couple of mediators I tried to bring my clients to. Generally, family law attorneys create problems and disputes instead of seeking to make the divorce process simple and conflict-free. We make money by creating conflict, at least until the clients are bled dry. After which, the attorneys bail out, but the anger and hostility still control the spouses.
Can someone recommend to 4:57 a strong mediator who does family law matters?
Ed is good but very expensive, Shannon is good but don't know what her billing looks like, Marshal is a hack who generates a lot of paperwork. Other good attorneys in this case would be Nedda Ghandi, Mike Carman, and Michelle Hauser. Good family mediators are Neil Mullins, Audrey Beeson, Rad Smith, and Ishi Kunin. Neil, Audrey, and Rad all still practicing too so you could put them in both categories.
I have sat on this for a few weeks but need some words of advice because this is a new one on me. Post-Decree litigation to enforce child and spousal support-7 months arrears. Judge said that the motion would not be entertained because the judge doesn't want to set the precedent that the parties can come to court constantly for enforcement and relief and will just need to figure out another way to deal with this problem.
Support is what people live on. I have never had a judge say that they will not even consider enforcement of child support and spousal support (even where admitted to be seriously in arrears). Do you presume she was having a bad day and seek reconsideration? Do you tell your client "I guess 7 months of arrears is not serious; lets come back at a year?" Do you file a request for recusal/disqualification or JDC Complaint for complete abdication of duty?
Have you contacted the DAFS to find out what options they have to garnish wages for child support? Have you attempted to garnish wages directly for ongoing spousal support? The order usually says child support and spousal support can be collected by any legal means available; that includes wage garnishment.
The DA can garnish for child support. Have your client go open an R case. You could also try a garnishment on the spousal support and see where that gets ya. I'd definitely move for reconsideration and simultaneously file a notice of appeal. The judge is dead wrong…but that's not a huge surprise given some of the geniuses on the bench in family court.
13th applied to states through 14th, I think. Slavery wrong. End support orders.
Guest
Anonymous
February 5, 2021 2:29 am
This is outrageous. Are you willing to recuse this judge in every case? Because she sounds vindictive and I would fear that she will take it out on you if you ever appear before her again after you file a JDC complaint!
If she reads this blog, you are already screwed, because she knows who you are from the description.
@ 6:29 Thank you for responding. Never filed a JDC before. I am not even certain where the line for JDC lies but completely refusing to hear a matter until the arrears are really big seems pretty close. I have heard that she is vindictive but on the other hand how much worse could it get than what has happened. Yes at some point clients would have to know that they have a 1 in 20+ chance that we would be peremptorily challenging but they already know that with various departments.
Thank you all for your assistance. I was truly at a loss and flabbergasted that a judge could be so callous. I wanted to interject to the judge "what if the county told you that it was deciding not to pay you for 7 months and there was nothing that you could do about it?"
Guest
Anonymous
February 5, 2021 5:36 am
Federal court personnel are so lovely and helpful!
Guest
Anonymous
February 5, 2021 6:56 pm
Good morning Attorneys,
If an experienced legal assistant started a business, strictly to handle final formatting and uploading court filings for attorneys, would that be something that would interest you? Would it be a benefit to many attorneys to have less personnel as full time staff and having a service you can pay a flat rate to handle each court filing when you need them (and not have to coordinate/negotiate/plead with with your staff over who is going to work late, etc.)? I'm thinking over the potential of offering this service and if it makes sense for an actual business.
You have to be careful to not venture into the unauthorized practice of law, but what you propose sounds like it is in the clear. Word processing and filing sound like a good offering. I would worry about you being available when I need you if you have multiple clients.
Sounds like you are proposing to be a contract remote secretary/paralegal. Once the motion is done, your customer would send it to you to handle final formatting. I would never trust an outside service to change my document (format or not) and then file it; I have to see it in the format that it is going to be filed. I think setting your pricing is going to be difficult.
Furthermore I am liable for the legal assistants who work under our firm under NRPC 5.3 so I would need some really specific level of comfort and conflict check understanding regarding the services being provided. I cannot see using the service.
Take a moment to grieve for all the employers out there. It's going to get worse over the next four years. Shout out to Philly, Detroit, and Milwaukee for making this possible.
I agree – #DonJr24
Unfathomably based comment fren.
Unfathomably. Truly heroic.
What oh what distinguishes those cities? That's right…they're all majority black cities. Why don't you take your racist, voter suppressionist bullshit somewhere else.
Hey @10:40
Why is everything with you racist and voter suppression?
What these cities have in common is lawlessness, homicide and hobbled police. I would add LA and Chicago to the list.
10:40 Of the many, many attributes with which you could define cities, your mind races toward race. This says far more about you, than about the comment you lamely attacked. How about you take your woke self back to the SJW group from where you sprang, or were shat, as the case may be.
I wish both sides would just clearly say what they mean, it makes for less personal attacks amd focuses on whatever issues are brought up. Sloganeering is just too broad and easy to attack from all sides.
What I love is that both 11:30 one 12:36 then double down on the ignorance and act as if 10:40 is the problem. Economically this country has done better with Dems in the Oval Office then Republicans for a century. So no, employers are not screwed, they'll be better off. But continue your doom and gloom you keyboard warriors. Your guy lost, let it go. In four years if you're right, I'll own it. But you won't be. Bigots.
Compare Obama's snail economy with Trump's raging bull economy. Things are not better with Dems in office.
The left can't meme..or comment intelligently
LA, Detroit, Chicago, Philly etc.
All in economic ruin, pension funds are unfunded, dead people voting, high crime. And you want to cast hate and blame on the people reading this blog?
These are all generationally democratically controlled cities. It is not my fault that they are in deep. Go yell at the voters in those cities. Take your hate elsewhere.
Are you people really examaning EVERY city in the US and from your deep, seriously unbiased examinations found that these specific cities need to be brought up to the forefront as THE examples of democraticly run cities that are failures for those specific reasons, and all others passed muster.
Or you are just repeating slogans and memes?
Show your work.
Yup, cause all those towns in red state flyover country don't have huge opioid/meth issues, poverty, or any crime. They are practically perfect in every way.
Republican policies (especially St Regan in the 80s) are what caused the unions to be unfunded. That had to do with the GOP's hard on for deregulating Wall St, not the cities. And the voter fraud they found…it was trump voters. A guy in PA registered his dead mom and dead mother in law and voted for trump on behalf of both of them. Projection much?
Let me get your opinion on something. I have a client who wants to move a bunch of properties from a revocable trust to an LLC. These are all rentals. Will the recorder's office allow her to go from the trust, which she is the grantor/trustee/beneficiary of, to the LLC, which she is the sole member of, without charging transfer tax? In other words, will they give her the benefit of exemption 7 and 9, while allowing her to do it in one step? or does she have to pass them all to herself, then to her LLC? Just trying to save her some money if possible.
Recorder's Office generally will not. I have thrown this one past the Recorders Office and it has gotten through. The converse is not true: any transfer from LLC to Trust will be taxed.
12:43 here- So they will let you go from the trust to an LLC without paying the transfer tax? but not the other way around?
My recommendation is to have the trust be the owner and manager of record for the LLCs that way the LLCs are assets of the trust and can avoid probate. Also – a transfer from the trust without consideration, OR a transfer to an LLC where the grantor is 100% owner of the LLC/Grantee is an exemption. I've done that in the past without RPTT issues many times (from a revocable trust or irrevocable trust into a wholly owned subsidiary LLC.)
Exemption 7 allows for a transfer to or FROM a trust. My experiences with the Recorder's office is that the exemptions are construed very narrowly and sometimes it seems to the whims of the person reviewing the requested recording.
If your client owns 100% of the entity, she should qualify for Exemption 9. There have been in my practice instances where the Recorder added some additional requirement or was flat wrong and I would have like to have taken a petition for judicial review, but my clients could not afford the fees that would have been required.
Suppose the client owns multiple rental properties and, for asset protection planning, wishes to set up separate LLC's for each rental property. All of the rentals are currently owned 100% by a previously established Revocable Trust. In this hypo, the rentals need to be deeded to the LLCs. What result at the Recorder's office?
As an attorney who knows little about this area of law, this is the most interesting thread we've had on here in a while.
3:29 assuming the revocable trust is going to be the only member of the LLCs as well, they should not have to pay the transfer tax under exemption 7 or 9 as a transfer from a trust without consideration and a transfer to an LLC of which the transferor is the sole owner. Of course, in reality the recorder's office is a crap shoot.
There is hope for the blog yet.
My experience with the recorder's office is that if you really don't want the hassle of a rejection, call down and talk to an auditor before you submit it. They're actually pretty reasonable.
Replying to @3:29p – Putting properties in LLCs is not very good asset protection planning – it is asset collection DELAY planning. If a creditor has a judgment against the client in this case they can get a charging order against all LLCs owned by the individual, or owned in his/her revocable living trust. At that point, the client will never be able to distribute any money to him/herself until the judgment is paid because the charging order directs all equity distributions to go to the creditor. If you want ACTUAL asset protection, you'll need an irrevocable self-settled spendthrift trust under NRS 166, with the LLCs owned by that trust. At that point, the client doesn't own the assets. 2 years and 1 day later the trust becomes damn near impenetrable by the client's personal creditors if the trust is setup correctly and the deeds recorded.
9:15 speaks truth. Thank you.
Would the spendthrift trust protect my assets if, after two years and one day, I marry and have children and then decide to leave and become the subject of a child and spousal support order?
9:47, I'd tell you, but then I'd have to bill you.
Really? You going to let money get between us?
9:15, almost correct.
The disadvantage is that the trust is irrevocable and the settlor cannot distribute to himself, herself. There must be a third party trustee. Often this is a company that charges an annual fee, sometimes based on the value of the assets. With regard to the charging order and LLC's, the creditor can only obtain what is distributed from the LLC. With regard to real property, the irrevocable trust is an impediment to obtaining financing or refinancing. Also, although I am not 100% certain, newly acquired property must suffer through the statutory limitation period.
And to follow up, very careful drafting is required. Is the gift completed to the trust, will there be grantor trust treatment for federal taxation? Will the effort to retain rights of control cause, in the case of income created in foreign state, like a California medical practice, escape state taxation? The Franchise Tax Board is very aggressive. Notwithstanding these risks, the irrevocable trust may be required to file an annual 1041. The taxation rates are significantly higher than for individuals and income not distributed could cause additional tax burden.
If an attorney is boiler plating from a copy he or she found of an self settled trust, I suspect that most have committed malpractice.
-dlowrey
WORKERS OF THE WORLD UNITE
Recommendations for high end competent divorce attorneys that can handle divorce of professional couple with assets, debts, businesses, and children?
My strongest and sincerest recommendation is to not get divorced.
Ed Kainen
5:04 why? For the kids? Because divorce is messy and expensive? Should we try legal separation instead? Should we just live in separate houses so she can hook up with whomever, but keep our finances entangled?
Is Marshal Willick still alive? If so, go with him.
5:26- Open marriage. Let her live her life and you live yours. Cheaper to do post-nuptial arrangements regarding the finances than to fight over the china unless you need to marry your legal secretary.
Shannon Wilson at Hutchison. Strong recommend.
Based on 20 years of high-end family law work in CA, I suggest that the professional couple needs to seek a good mediator instead of, and before, family law attorneys. I had a couple of mediators I tried to bring my clients to. Generally, family law attorneys create problems and disputes instead of seeking to make the divorce process simple and conflict-free. We make money by creating conflict, at least until the clients are bled dry. After which, the attorneys bail out, but the anger and hostility still control the spouses.
Can someone recommend to 4:57 a strong mediator who does family law matters?
Ed Kainen
Ed is good but very expensive, Shannon is good but don't know what her billing looks like, Marshal is a hack who generates a lot of paperwork. Other good attorneys in this case would be Nedda Ghandi, Mike Carman, and Michelle Hauser. Good family mediators are Neil Mullins, Audrey Beeson, Rad Smith, and Ishi Kunin. Neil, Audrey, and Rad all still practicing too so you could put them in both categories.
Brian Blackham is also one I recommend as a good family law attorney
No one better than Bob Dickerson.
I have sat on this for a few weeks but need some words of advice because this is a new one on me. Post-Decree litigation to enforce child and spousal support-7 months arrears. Judge said that the motion would not be entertained because the judge doesn't want to set the precedent that the parties can come to court constantly for enforcement and relief and will just need to figure out another way to deal with this problem.
Support is what people live on. I have never had a judge say that they will not even consider enforcement of child support and spousal support (even where admitted to be seriously in arrears). Do you presume she was having a bad day and seek reconsideration? Do you tell your client "I guess 7 months of arrears is not serious; lets come back at a year?" Do you file a request for recusal/disqualification or JDC Complaint for complete abdication of duty?
If I practiced in the family law arena, I would file a motion to dismiss child and spousal support orders under the 14th amendment. Slavery is wrong.
9:04 has ED
Have you contacted the DAFS to find out what options they have to garnish wages for child support? Have you attempted to garnish wages directly for ongoing spousal support? The order usually says child support and spousal support can be collected by any legal means available; that includes wage garnishment.
The DA can garnish for child support. Have your client go open an R case. You could also try a garnishment on the spousal support and see where that gets ya. I'd definitely move for reconsideration and simultaneously file a notice of appeal. The judge is dead wrong…but that's not a huge surprise given some of the geniuses on the bench in family court.
I agree with 9:25. We had a judge who would not make a decision and so we went directly to the DA and obtained enforceable orders.
In addition to ED, 9:04 has his/her/its amendments mixed up.
13th applied to states through 14th, I think. Slavery wrong. End support orders.
This is outrageous. Are you willing to recuse this judge in every case? Because she sounds vindictive and I would fear that she will take it out on you if you ever appear before her again after you file a JDC complaint!
If she reads this blog, you are already screwed, because she knows who you are from the description.
@ 6:29 Thank you for responding. Never filed a JDC before. I am not even certain where the line for JDC lies but completely refusing to hear a matter until the arrears are really big seems pretty close. I have heard that she is vindictive but on the other hand how much worse could it get than what has happened. Yes at some point clients would have to know that they have a 1 in 20+ chance that we would be peremptorily challenging but they already know that with various departments.
I would file a writ of mandamus with the Supreme Court (which will probably push it down to the COA)
Thank you all for your assistance. I was truly at a loss and flabbergasted that a judge could be so callous. I wanted to interject to the judge "what if the county told you that it was deciding not to pay you for 7 months and there was nothing that you could do about it?"
Federal court personnel are so lovely and helpful!
Good morning Attorneys,
If an experienced legal assistant started a business, strictly to handle final formatting and uploading court filings for attorneys, would that be something that would interest you? Would it be a benefit to many attorneys to have less personnel as full time staff and having a service you can pay a flat rate to handle each court filing when you need them (and not have to coordinate/negotiate/plead with with your staff over who is going to work late, etc.)? I'm thinking over the potential of offering this service and if it makes sense for an actual business.
You have to be careful to not venture into the unauthorized practice of law, but what you propose sounds like it is in the clear. Word processing and filing sound like a good offering. I would worry about you being available when I need you if you have multiple clients.
I'm still a bit confused as to what is being proposed. Pdf conversion? Filing into ecf or Odyssey? Proofreading?
Sounds like you are proposing to be a contract remote secretary/paralegal. Once the motion is done, your customer would send it to you to handle final formatting. I would never trust an outside service to change my document (format or not) and then file it; I have to see it in the format that it is going to be filed. I think setting your pricing is going to be difficult.
Furthermore I am liable for the legal assistants who work under our firm under NRPC 5.3 so I would need some really specific level of comfort and conflict check understanding regarding the services being provided. I cannot see using the service.
I have used remote paralegals in the past and enjoyed the experience. The sale is reliability and track record.