Robert Walker-Bankruptcy Lawyer
While bankruptcy may be a word that no creditor ever wants to hear, there are oftentimes still ways to recover loans. However, there are complicated legalities and technicalities involved that differ from case to case. From a public relations perspective, debt collectors are often seen as the bad guy in such cases, even if they are simply just trying to collect what is owed to them. If you are a creditor, it is recommended that you consult with an experienced bankruptcy attorney that has handled cases similar to yours. Robert Walker is one such attorney. Virginia, the District of Columbia and Tennessee are all locations that Robert Walker is licensed to handle bankruptcy cases in.
What is bankruptcy?
Bankruptcy is an umbrella term for legal processes that occur when a person, corporation, or organization that has borrowed money (debtor) has trouble repaying such loans to their creditors. The aim of these processes is not to help only the debtor in amending the debt that he/she owes, but also the creditor in recovering(in part, or in whole) what they are owed.
Why creditors need a bankruptcy attorney for bankruptcy cases?
Bankruptcy litigation can be very complex, which is why if you are a creditor, you need a bankruptcy lawyer who is both licensed and capable of making sure that you get back what you deserve. For example, at the start of proceedings, debtors file a petition for bankruptcy in which they list all the debts they owe to all their creditors. Creditors that get mentioned in this filing will be notified by the courts. This is crucial because you as the creditor have until a certain date to review this petition and dispute any debts that you do not agree with. After this deadline, these debts are finalized in a discharge, meaning that they can no longer be disputed and are considered forgiven. In time-sensitive litigation matters such as this, it is important to have the representation of a bankruptcy lawyer that will make sure your best interests will be taken into account.
Defining a Will and Trust
Wills are more commonly known than trusts, though each type of document provides different services. In a will, the individual outlines what his or her estate includes, assigns an individual to oversee the dispersal of those items, and names the heirs to the estate. In addition to outlining what assets will go to each heir, a will can also detail the final wishes of the individual. For instance, it may establish trusts, designate charitable contributions, or leave custody requests for the care of minor children.
Conversely, a living trust, which can also be set up through a will lawyer, such as Robert B Walker, is managed by a trustee. The trustee manages how beneficiaries receive payments or assets, as outlined by the grantor. There are two types of trusts: revocable and irrevocable. In a revocable trust, changes can be made by the grantor up until his or her death. Upon the death, the trust becomes irrevocable, meaning that changes can no longer be made
The Differences Between a Will and a Trust
One of the biggest advantages to a trust is that it doesn’t pass through probate, which means assets are protected and heirs receive their inheritance sooner. Upon one’s death, the assets outlined in a will may be liquidated to cover the debts and taxes owed. This may require court proceedings to contest creditor claims, verify the will’s legitimacy, or identify beneficiaries.
Additionally, wills become accessible by the public, once they go through probate. Anyone can go to the courthouse to see which individual received the assets. On the other hand, a trust does not become a part of public records, so any information contained within them remains private. However, if there’s a cause to contest the trust, a lawsuit will result in the trust becoming publicly accessible.
This brief overview outlines the major differences between a will and a trust. To gain a more thorough understanding of these legal documents, consulting a trust attorney may be a good place to start. A legal professional experienced in estate planning, such as Robert B Walker, can help you understand how the different types of documents will apply to your situation. This will help you determine which type of document is best for your circumstances.
If you face or are involved in a lawsuit, you best protect your legal rights and interests by proactively retaining the services of an experienced litigation attorney. There a number of crucial things a litigator can do on your behalf to assist you in avoiding actually going to court. A skilled litigator can utilize tactics to enhance the odds of your success when involved in a civil lawsuit.
Litigation Attorney and the Negotiated Settlement of Your Case
Naturally, a litigation attorney is adept at appearing in court. This includes a full spectrum of court settings, including trials and motion hearings. However, a skilled litigator must also be a talented negotiator.
One way in which a litigation lawyer is able to minimize the chances that you will have to appear in court is through negotiating a settlement of a lawsuit on your behalf. The reality is that most civil lawsuits do end up settled. Only a small fraction of civil lawsuits ever end up in trials.
Experience Matters When You Hire a Litigation Attorney
Another key consideration to keep in mind when facing a lawsuit is that experience is vital when it comes to retaining the professional services of a litigation attorney. The state and federal codes of civil procedure are complicated. Courts have their own sets of protocols that must be followed.
Prevailing in a civil lawsuit depends on how well-versed an attorney is at pursuing or defending a case in the judicial system. Although attorneys need to learn the ropes when it comes to civil litigation, the training process does not need not need to be on your case.
Retain a Litigation Attorney
The first step in retaining the services of a skilled Virginia litigation attorney, like a member of the legal team at the law firm of Robert B. Walker, is to schedule an initial consultation. At an initial consultation, a litigation attorney in Virginia provides an evaluation of your case and answers your questions. As a general rule, there is not fee charged for an initial consultation with a Virginia litigation attorney from the Robert B. Walker law offices.
In Virginia, as elsewhere, asset protection is paramount in blended families. Without the right plan, the current spouse is entitled to a share of the estate, which could prevent children from a previous marriage from receiving the inheritance intended. An estate planning lawyer helps the estate owner protect their assets and set up a legal plan to distribute their wealth on their terms.
How Does an Irrevocable Trust Work?
An irrevocable trust is a method of separating assets from the estate. The establishment indicates the trust owns the assets or property, and the estate owner is no longer listed as the owner. However, he or she maintains full control over the assets. When managing assignments for a blended family, the estate owner could set up an irrevocable trust for their spouse or biological children. Once the estate owner dies, the beneficiary is identified as their successor, and the new owner acquires control over the assets.
Managing Trust Funds
Trust funds are a beneficial option for providing monetary assets to a child or spouse. The trusts are set up in the beneficiary’s name. The estate owner has the right to deposit funds into the trust at any time. An executor manages the distribution of the trust fund, and the wealth is protected from all other parties.
AB Trusts for the Current Spouse
An AB trust allows the estate owner to protect their share of the estate from the previous spouse. The lawyer sets up the trust and includes provisions. Typically, the current spouse receives full control of the wealth and assets until they die. Any wealth or assets that remain when the current spouse dies, are transferred to the estate owner’s biological children.
What Happens with ABC Trusts?
A lawyer helps set up an ABC trust to protect the assets for the current spouse and the estate owner’s biological children from all marriages. It provides the current spouse with full access and control over the estate owner’s assets and wealth including their marital home and additional real properties that they own. However, any assignments included in the estate owner’s will are upheld.
The estate owner’s biological children receive a portion of their life insurance benefits. The current spouse receives the remaining balance of the life insurance benefits. If the current spouse dies, all remaining proceeds from life insurance policies and all other assets are divided among the biological children of the estate owner.
In Virginia, planning strategies protect assets for the estate owner’s current spouse and their biological children. Typically, stepchildren don’t receive any portion of the assets or wealth. However, a plan must be in place to prevent legal claims by either spouse for any children that aren’t biologically linked to the owner. To start a plan for asset protection with an estate planning attorney Fairfax, VA, contact Robert B. Walker now.
If you are coming up with an estate plan for your family, there are many things that you should keep in mind. You want to make sure the estate plan accomplishes its main purpose, which is making sure that your immediate family members are taken care of once you are gone. It would be a good idea to consult with an estate planning lawyer in Fairfax, Virginia if you find that you need help with this process. There are certain goals that you should keep in mind as you go through this process as well.
- It is very important to keep in mind financial security for you and your loved ones, as this is the priority of legacy planning in the first place. It may seem paradoxical, but you need to put yourself and your financial situation first during the legacy planning process, as you will not be able to adequately provide for your loved ones if your own financial situation is poor.
- It is also important to consider who will be continuing the caretaking and management of your estate, including any businesses that you may own. You need to make sure that there will be someone to take care of your affairs once you are gone.
- You need to make sure that the estate is protected from other family members, particularly in the case of divorces and conflict situations.
- It is also very important to make sure that the taxes are as low as possible when you are transferring the wealth.
- The final thing that you should do is make sure that everything that you have outlined fits well together and can actually be put into practice.
If you feel like you are having trouble getting started when you are coming up with an estate plan, it would be a great idea to contact an estate planning attorney Fairfax VA has to offer. Robert B. Walker is an estate planning lawyer with the experience and expertise to be able to answer any questions that you may have and give you any guidance that you may need when dealing with this matter.