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considerations for setting up trusts

1/20/2013

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Nolo.com has some good information about various legal concerns.  One such article is the following found on:

http://www.nolo.com/legal-encyclopedia/why-avoid-probate-29861.html

Why Avoid Probate?

Avoiding probate is a good idea. Here's why.

Most of us have heard that it's wise to avoid probate court, but we don't necessarily know why. In a nutshell, there are two big problems with probate:

  • It ties up property for months, sometimes more than a year.
  • It's expensive. In some states, attorney and court fees can take up to 5% of an estate's value.
The Probate Process. Most of what happens during probate is essentially clerical. In the vast majority of cases there's no conflict, no contesting parties, none of the usual reasons for court proceedings. Probate rarely calls for legal research, drafting, or a lawyer's adversarial skills.

The probate attorney, or the attorney's secretary, fills in a small mountain of forms and keeps track of filing deadlines and other procedural technicalities. In some states, the attorney makes a few routine court appearances; in others, the whole procedure is handled by mail.

Probate Fees. For their services, both the lawyer and your executor will be entitled to fees from your estate.

Executor fees. It's common for the executor to waive the fee, especially if he or she inherits a substantial amount of your property.

Attorneys' fees. In many states, probate fees are what a court approves as "reasonable." In a few states, the fees are based on a percentage of the estate subject to probate. Either way, a probate attorney's fees for a "routine" estate with a gross value of $400,000 (these days, this may be little more than a home, some savings and a car) can easily amount to $20,000 or more.

Other probate costs. In addition, there are court costs, appraiser's fees, and sometimes other expenses.

Reducing Probate Fees. One way to reduce probate fees is for your executor to handle the probate proceedings without an attorney ("in pro per" or "pro se"). But as a practical matter, that's tough in most places.

Use good do-it-yourself materials. In California, a good DIY book is available, How to Probate an Estate in California, by Julia Nissley (Nolo). Wisconsin and a few other states have established pro per procedures, designed for people without lawyers. In other states, you're unlikely to find comprehensive published materials or other help that make probate easily accessible to nonlawyers.

Use websites or practical guides to help. Without help, learning one's way through the morass of probate laws is likely to be difficult, but not impossible. Some counties provide tips for non-lawyer executors on their websites. Or your executor can get forms and instructions from an attorneys' practice guide. These books are usually available at public law libraries, and many people have successfully used them.

Hire an attorney for less than the usual fees. You can also try to get an attorney to agree that he or she will do your probate for less than the usual fees. You cannot, however, legally bind an attorney to such an arrangement. In fact, you don't have the power to select the attorney at all -- the law gives this authority to your executor.

Avoiding Probate. Given all this, it generally makes more sense to see if you can avoid probate altogether. At the very least, consider reducing the amount of property that will be subject to probate -- this will reduce fees and ensure that your beneficiaries get some of their inheritance faster. For a discussion of the main probate-avoidance methods, see How to Avoid Probate.

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legal requirements to provide your social security number

10/21/2012

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Must I provide a Social Security number to any business or government agency that asks?

The Social Security number was originally devised to keep an accurate record of each individual’s earnings, and to subsequently monitor benefits paid under the Social Security program. However, use of the Social Security number as a general identifier has grown to the point where it is the most commonly used and convenient identifier for all types of record-keeping systems in the United States.

Specific laws require a person to provide his or her Social Security number for certain purposes. While we cannot give you a comprehensive list of all situations where a Social Security number might be required or requested, a Social Security number is required or requested by the following organizations:

·         Internal Revenue Service for tax returns and federal loans;

·         Employers for wage and tax reporting purposes;

·         Employers enrolled in E-Verify;

·         States for the school lunch program;

·         Banks for monetary transactions;

·         Veterans Administration as a hospital admission number;

·         Department of Labor for workers’ compensation;

·         Department of Education for Student Loans;

·         States to administer any tax, general public assistance, motor vehicle or drivers license law within its jurisdiction;

·         States for child support enforcement;

·         States for commercial drivers’ licenses;

·         States for Food Stamps;

·         States for Medicaid;

·         States for Unemployment Compensation;

·         States for Temporary Assistance to Needy Families; or

·         U.S. Treasury for U.S. Savings Bonds

The Privacy Act regulates the use of Social Security numbers by government agencies. When a federal, state, or local government agency asks an individual to disclose his or her Social Security number, the Privacy Act requires the agency to inform the person of the following: the statutory or other authority for requesting the information; whether disclosure is mandatory or voluntary; what uses will be made of the information; and the consequences, if any, of failure to provide the information.

If a business or other enterprise asks you for your Social Security number, you can refuse to give it. However, that may mean doing without the purchase or service for which your number was requested. For example, utility companies and other services ask for a Social Security number, but do not need it; they can do a credit check or identify the person in their records by alternative means.

Giving your Social Security number is voluntary, even when you are asked for the number directly. If requested, you should ask why your Social Security number is needed, how your number will be used, what law requires you to give your number and what the consequences are if you refuse. The answers to these questions can help you decide if you want to give your Social Security number. The decision is yours.

from the social security government site -- see the link below.
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/78/~/legal-requirements-to-provide-your-social-security-number



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understanding credit card number sequences

10/21/2012

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Picture
From the site makeuseof.com

Tip of the Day: Unfortunately, social security numbers aren't random either -- existing numbers can be somewhat predictable. However, the US Social Security Administration started assigning random numbers in June. Remember that SSNs aren't meant to be used for identification -- you're generally not obligated to provide your SSN if you're asked for it by a business

Credit Card Numbers Are Not Random: How To Read & Understand Them Yourself by Angela Alcorn

You may have heard before that credit card numbers follow a certain pattern and structure so that they can be validated before a transaction is accepted. However, it's one thing to know that the structure is there and another thing entirely to understand how credit card numbers work.

Why would this knowledge be useful? Well, if you run a small business that doesn't process credit card payments immediately, you could save yourself money by ensuring the card details are valid. If you don't, well it could still be fun to show off your skills at parties. Here's how you do it.

Learning Where The Numbers Come From Credit card numbers are not random. There's a special set of numbers to show information about the card issuer and another set to show information about the card holder. One other number is also important, but we'll come to that later.

The very first number is the Major Industry Identifier (MII) and it tells you what sort of institution issued the card.

  • 1 and 2 are issued by airlines.
  • 3 is issued by travel and entertainment.
  • 4 and 5 are issued by banking and financial institutions.
  • 6 is issued by merchandising and banking.
  • 7 is issued by petroleum companies.
  • 8 is issued by telecommunications companies.
  • 9 is issued by national assignment.
The first six digits are the Issuer Identification Number (IIN). These can be used to look up where the card originated from. If you have access to a list that details who owns each IIN, such as this list of popular IINs on Wikipedia, you can see who issued the card just by reading the card number.

Here's a few you might recognise:

  • Visa: 4*****
  • American Express (AMEX): 34**** or 37****
  • Diner's Club International: 36****
  • Mastercard: 51**** to 55****
The seventh digit to the second-to-last digit is the customer account number. Most companies use just 9 digits for the account numbers, but it's possible to use up to 12. This means that using the current algorithm for credit cards, the world can issue about a trillion cards before needing to change the system.



We often see 16-digit credit card numbers today, but it's possible for a card issuer to issue a card with up to 19 digits using the current system. In the future, we may see longer numbers becoming more common.

The very last digit of each credit card is the check digit, or checksum. It is used to validate the credit card number using the Luhn algorithm, which we will now explain in detail.

The Luhn Algorithm Validation Check The Luhn Algorithm is used to validate all sorts of numbers, including credit cards, IMEI numbers and some social security numbers. It's not designed to be a cryptographically secure hash function, but merely a way to check errors are not made when recording numbers. It is not foolproof, but is generally considered to be useful.

Take the credit card number and read the digits from the right. Double every other number and write them down - if you do it in the same order as your card is written it will help with clarity. Now, wherever you have calculated a double-digit number, change it so that it reads as "first digit + second digit" (in other words, sum the digits of the products). Finally, take your calculations and add those numbers to the numbers remaining on your card that you didn't double. A legitimate credit card number will give you a result that is divisible by 10.

For instance, let's use a number I've just made up: 4634 8932 1298 2767. I'll enter it into a table to make it easier to understand the steps.

Try it yourself using the card from the picture earlier in this article. What can you learn from it?

Picture
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because I can't resist

10/21/2012

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"Allah be praised! I've invented the Zero!"
"What was that?"
"Oh, nothing.


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a shared joke ~ math & biology

10/21/2012

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Biology is the only science in which multiplication means the same thing as division.

<ba dum>

1 Comment

September 14th, 2012

9/14/2012

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I'll be interviewed on the radio this Saturday, Sept. 15, 2012 Ann Arbor, Michigan, 1290 AM on the dial.  This is a half-hour radio show called "Everything Elderly."  It will be available by podcast following the broadcast at http://www.seniorhelpersannarbor.com/everything_elderly_podcasts.html
My segment is the second 15 minutes of the 30 minute show.  There will also be a mention on annarbor.com on Monday, 9/17. 

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more to groan 

8/18/2012

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What do you call an accountant with an opinion?
                                                                      
                                                                                                                       An auditor.
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changes

8/17/2012

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Every exit is an entry somewhere.

                       -Tom Stoppard

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from john steinbeck

7/28/2012

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We value virtue but do not discuss it.
The honest bookkeeper, the faithful wife, the earnest scholar get little of our attention compared to the embezzler, the tramp, the cheat.

                                            Note:  Left in original form -- I would change wife to spouse and tramp to faithless.


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and yet another joke

7/28/2012

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What's the difference between an accountant and a lawyer?
                                                         

                                                                    The accountant knows he is boring.
  

Oops -- This is perhaps a lawyer joke even more than an accountant joke!
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