Gap insurance is insurance that covers the difference between the value of your car and the total amount owed on your loan. This is important coverage if your vehicle is not worth as much as the loan, or is close in value. It comes into play when you have an accident and your car is not repairable (known as being “totaled”), and the insurance company pays you the value of your car. If, for...
Swanson O’Dell
From The blog
“My Ex Is Always Late For Exchanges. Can Anything Be Done?”
“My Ex Is Always Late For Exchanges. Can Anything Be Done?” A perpetual problem in courthouses across the country is “what do you do when one party is constantly late for custody exchanges?” One the one hand, courts don’t want to be that involved in every day exchanges; they want parties to behave like grownups, keep to the schedule, and call if they are going to be late. One the other hand,...
How Does An Insurance Company Determine Who Is At Fault?
Insurance companies generally determine fault by a combination of methods. First, and most importantly, they review the police report of the accident, if there is one. There is nearly always a determination of fault by the investigating officer, as well as narrative description of the accident and the physical evidence, often including pictures. If there are third party witnesses to the...
“Can Parental Rights Be Terminated For Crimes Committed?”
“Can Parental Rights Be Terminated For Crimes Committed?” Yes, parental rights can be terminated in California for commission of a crime, if it is a felony and impacts the ability to parent. The code section that controls this process is California Family Code Section 7825, which reads as follows: 7825. (a) A proceeding under this part may be brought where both of the following requirements are...
How Long Does It Take For Insurance To Pay For My Damages?
Insurance companies pay out two different kinds of damages, and they are paid at different times, in general. Property damages is the first category. This involves usual vehicles which either need to be repaired or have been totaled. This can take a couple of weeks, but generally happens pretty early in your case. Basically, as soon as the insurance company knows what the damage is and has an...
I Am Divorced And Remarried: Does This Affect My Trust?
After a divorce and remarriage, it is important to create an entirely new estate plan. Many of the major portions of your estate plan will no longer be valid and your trust should have been revoked properly upon dissolution of your previous marriage. In addition, many times in a second marriage, each person wants to have their property go to their own children. This is perfectly natural, and...
“What Can the Department of Child Support Services Do To Help Me With Child Support?”
“What Can the Department of Child Support Services Do To Help Me With Child Support?” In California, the Department of Child Support Services (also known as DCSS) can do several things: 1. Collect support on an already existing order. 2. Obtain a new child support order. 3. Review an older order to ascertain the correct amount of current support. 4. Garnish wages and intercept tax returns. 5....
Can My Creditors Reach Property Held In Trust?
Property held in a revocable trust can be reached by creditors just like property held in your name. It has no legal effect on creditors, and protecting assets is not the purpose of a trust. The purpose of a trust is to pass your property to your chosen heirs in the manner which you choose without the need for court intervention or probate. If you own a business and are looking for protection...
Does Putting Property Into A Trust Change My Tax Liabilities?
Putting property into a trust does NOT change your tax liabilities. Any income from property in the trust (such as rents from houses, profits from stock shares, or other income) will be taxed on your personal taxes just like it was before you created the trust and put the property into it. Additionally, your property tax will not be re-assessed or increased when you transfer houses or land into...
If I Create A Trust, Can I Change It Later?
A Trust can always be amended by the creators of the trust, unless the trust is an irrevocable trust. Irrevocable trusts are uncommon, and only used in special circumstances. Most trusts are revocable and can be changed via an amendment. The amendment can change the distribution of property, names or number of beneficiaries, the list of trustees for the trust, or virtually any other item. The...