As a real estate agent, you are required to abide by the federal and state laws which prohibit discrimination in all of your real estate activities. You should know what the fair housing laws cover and how they affect your services. Unfortunately, unintentionally violating the fair housing laws is not a defense. You may be surprised to learn that something as innocuous as suggesting the buyer would “be a good fit” in the neighborhood could be a violation. What is the Fair Housing Act? Spurred by the assassination of Dr. Martin Luther King, Jr., Congress enacted Title VIII of the Civil Righ ..read more

You may not need a superhero to watch over your trust but you should be aware of the next best thing – the Trust Protector. The revocable living trust (a “RLT”) is an excellent estate planning tool used to avoid the costs and delays of probate.  The person who creates the RLT is called the “grantor” or “trustor”.  The trust document nominates a trustee who has the responsibility of managing the assets in the RLT for the benefit of the beneficiaries. In the most common scenario, you and your spouse create a trust which both of you control as the trustees.  If one of the trustors ..read more

Please join us for a free 1 hour training with Attorney Lee A. Drizin. We look forward to seeing you at the event. The post Essentials of Probate Sales <br/> August 22, 2023 appeared first on Drizin Law | Probate, Wills, Trust, Real Estate and Family Law ..read more

Please join us for a free 1 hour training with Attorney Lee A. Drizin. We look forward to seeing you at the event. The post August Lunch and Learn <br/> August 10, 2023 appeared first on Drizin Law | Probate, Wills, Trust, Real Estate and Family Law ..read more

Probate can be a difficult and confusing process to handle. Dealing with the loss of a loved one is often so overwhelming that you can’t bring yourself to address the decedent’s financial affairs. Unfortunately, this type of delay often makes a difficult situation worse. Understanding the Probate Process Probate is the legal procedure your estate goes through after you pass away. During this legal proceeding, a court will oversee the process of appointing someone to be in charge (known as the “personal representative”), ensuring creditors of the decedent file timely claims and are paid. Also ..read more

Jon Peters is a movie producer associated with many well-known projects including A Star Is Born, Batman, Man of Steel, The Color Purple, and Clue. In 2020 he married Pamela Anderson but their relationship lasted only 10 days. Even though the couple is no longer together, Peters recently revealed that he left $10 million to Anderson in his Last Will and Testament. So, would the result be different if he had left the gift to her before the relationship terminated? Married couples executing an estate plan during their marriage generally provide that upon the death of one spouse, everything is to ..read more

The Deed Upon Death (also known as a “Transfer on Death Deed”) is a method of transferring real estate to your loved ones upon your passing without having to go through probate. If the property owner executed a Deed Upon Death, the family member contacting you about selling the property may not be the designated beneficiary and as a result, have no authority to proceed with the sale. Therefore, it’s always important for you to know how to determine if there is a deed upon death recorded as well as determine the identity of the beneficiary. Before Recent Legislation. While the Deeds Upon Death ..read more

Please join us the January 24 and February 10 for a 1-hour free CE Lunch & Learn entitled “Avoiding Breaches of Fiduciary Duties While Representing Seniors” with Attorney Lee A. Drizin. Masks will be required for all attendees, we look forward to seeing you at the event. Please RSVP by calling 702-362-1111. The post Free CE Lunch & Learn – January 24 & February 10, 2023 appeared first on Drizin Law | Probate, Wills, Trust, Real Estate and Family Law ..read more

Do you understand your duties when representing an elderly client? It is critical for you to be aware of the potential liability that the client may not have the capacity to understand their actions. Potential Liability. In Van Heyde v. Miller, 799 S.E. 2nd 133 (W.Va. 2017), a real estate agent was sued on the basis that the seller’s agent breached his contractual duties because he knew or should have known the seller was mentally incapable of legally transferring his property. The agent sought dismissal claiming the seller did not exhibit signs of mental incompetency. Nothing about the conduc ..read more

In many instances, family members don’t move forward timely with commencing the probate process after the death of a loved one. Unfortunately, these decisions are generally based on poor information. Understanding the probate process. Probate is simply the legal procedure your estate goes through after you pass away. During this legal proceeding, a court will oversee the process of appointing someone to be in charge (known as the “personal representative”), ensuring creditors of the decedent who file timely claims are paid and the assets of the estate are distributed to the proper heirs or ben ..read more