Resources - Page 7 of 8 - Butler Tibbetts

Considering the Amount of a Debtor’s Mortgages in Relation to the Homestead Exemption

April 1, 2013
Published in Real Estate
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In states that provide a homestead exemption for debtors who have filed or are contemplating filing for bankruptcy, a debtor’s personal residence will be shielded to some extent from the reach of creditors seeking payment, to allow the debtor to…

ILSFDA Protects Individuals from Land Sale Scams

April 1, 2013
Published in Real Estate
0

Prompted by an increase in land sale scams in the 1960’s, Congress passed the Interstate Land Sales Full Disclosure Act (ILSFDA) in 1968. Administered by the Federal Department of Housing and Urban Development (HUD), the ILSFDA regulates transactions involving the…

Setting Property Boundaries with a Survey, Quitclaim Deed or Lawsuit to “Quiet Title”

April 1, 2013
Published in Real Estate
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In many cases, adjoining property owners are uncertain as to where boundary lines actually run. Even when land deeds contain legal descriptions of the property named therein, the difficulty of discerning ambiguous descriptions and discrepancies in interpretation can often generate…

Tenant Rights and Responsibilities

April 1, 2013
Published in Real Estate
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Due to the nature of landlord-tenant relationships, it is not surprising that they can often become contentious. To prevent or address problems between landlords and their tenants, the federal government and many states have enacted laws which provide housing regulations.…

Parents of Injured Children and Recovery of Consortium Damages

April 1, 2013
Published in Litigation
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Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships. Referred to as “filial consortium damages,” these awards are intended to compensate the parent for the loss…

Use of Expert Witnesses in Litigation

April 1, 2013
Published in Litigation
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Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case…

Intrusion Upon Seclusion: Invasion of Privacy

April 1, 2013
Published in Litigation
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A “tort” may generally be defined as an act deemed wrongful enough that one who suffers injury from it may bring a lawsuit to recover damages. Many torts have their origin in “common law,” which is the body of legal,…

Law Requires Both Parents’ Consent for U.S. Passport Issuance

April 1, 2013
Published in Divorce & Family
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In July 2001, the United States Department of State implemented a law regarding passport application procedures. Under the Two-Parent Consent Law, as amended in 2008, both parents are required to consent to the passport application for a minor U.S. citizen…

Effect of Marital Status on Federal Tax Filing Status

April 1, 2013
Published in Divorce & Family
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For federal income tax purposes, there are five tax “statuses:” single; head of household; married filing jointly; married filing separately; and qualifying widow(er) with dependent child. Status affects tax credits and deductions, and therefore also affects the amount of taxes…

Special Use Valuation for Certain Estate Properties

April 1, 2013
Published in Estate Planning
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Although Congress passed legislation in 2001 incrementally increasing the amount exempt from federal estate tax over the next few years, with complete elimination of federal estate taxes in 2010, unless Congress acts affirmatively to make the repeal of estate taxes…

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