Gender: Male
Status: Divorced
Age: 100
Sign: Pisces
City: TORONTO
State: Ontario
Country: CA
Signup Date: 5/11/2006
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Tuesday, November 06, 2007 7:00 PM
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Category: Blogging
Thank You for the Opportunity to Speak at Meeting
Guidelines and Alternate Phrases
Thank the reader for the opportunity to speak.
Your soapbox was solid and lofty–thank you so much for letting me climb on it last week to share a few "words of wisdom."
I appreciate so much the opportunity you gave me to address your group last Monday.
Thank you for letting me share my ideas with the Forum group last week.
Thank you for the opportunity to conduct the sales seminar for your group.
Thank you for your confidence in having me address your group of engineers last week.
What confidence you showed in asking me to be a part of last week's panel before your managers! I thank you for the opportunity.
Thank you for letting me do what I do best–talk. Your group made marvelous listeners!
Give your assessment of how the meeting went, showing modesty about your contribution.
The group seemed genuinely interested in hearing how ....
The audience members were so good about responding to all my shenanigans.
The audience asked some tough questions–I like that because it allows me to ....
They were so willing to participate in all the activities I'd planned for them.
The synergy of the group was fantastic; their potential to work together to achieve ... will be unlimited.
Although I'm sure there were some who disagreed with my theories, the majority expressed a great deal of support.
Although some of the group already seemed well-versed in the subject, I hope they, too, picked up a few ideas about specific uses for ....
The group certainly kept me on my toes with their questions.
From reading the faces of the audience members, I think they were most receptive to the changes I suggested.
Remind the meeting planner of any promises about referrals or other follow-up publicity efforts.
The mailing list you offered to send will be quite helpful to me in making follow-up materials available to your group.
I'll be looking forward to getting some calls from the audience members about presenting this information at your local branches.
Thank you for your offer to phone Jack Dunaway about the possibility of facilitating such a meeting with his group. That certainly will give the ideas wider exposure.
I've enclosed a photo and print materials for the follow-up story you mentioned writing for your in-house newsletter.
Ask for a testimonial letter if you want to seek other speaking opportunities.
Would you mind dropping me a note about the presentation? As you may know, speakers live by word of mouth.
I'll appreciate it if you can write a letter mentioning your own and the group's reaction to the briefing. I'd like to have some record to pass along to my supervisor, who is in the process of determining whether such briefings are really worthwhile.
May I ask a favor? Would you drop me a short note giving your reflections on the meeting? Do you think the group will find the ideas helpful? How specifically will they profit from the information? These comments would be helpful for other managers trying to decide whether their teams would benefit from such a seminar.
Would you please write me a letter about the audience's reception to my ideas? No, I'm not planning to sit around and pat myself on the back. Rather, I want to have something in the file for other managers who might be considering a workshop similar to the one I presented for you.
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Tuesday, November 06, 2007 6:59 PM
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Category: Blogging
Requesting Information
Guidelines and Alternate Phrases
Focus immediately on the information you need. Don't make your request a by-the-way item toward the end of the memo or letter.
Be specific about what you need, including dates, amounts, names, approval signatures, or appropriate format of the information.
I specifically wanted information about the two books that dealt with pets, advertised in the May issue of your magazine.
I've enclosed a letter from Ms. White authorizing release of the documents to me.
Please send me the product pamphlet pictured on page 22 of your general catalog dated September 19–.
Tell why you need the information if the reason is not obvious. Occasionally, when readers don't understand the necessity for some action or information, they "pick and choose" what data they think you need rather than respond with what you want.
Our investment club in my local subdivision is compiling research on companies within your industry to guide us in future stock purchases.
This information will in no way jeopardize our current orders with your company. We simply want to know what new items you plan to offer next quarter.
This information is strictly for our own internal use.
Emphasize due dates. Phrases such as "at your earliest convenience" may be intended as a courtesy, but they invite procrastination; if you have a due date in mind, say so. Be careful to avoid the double-due-date effect–that is, if you are requesting information you, in turn, will incorporate into your own work and then supply to someone else, don't state both dates. Such an explanation lets the reader know the "grace" period built in for yourself. The two dates, therefore, become leeway (in the reader's mind) for getting the information to you. For special emphasis put the due date in a paragraph by itself. Avoid a demanding tone if the reader's response is optional.
Could you have the updated summary to us by May 6?
Would you let us have your reply as soon as possible?
Thank you for any information you can forward to us immediately.
We'll appreciate your helping us meet our July 7 deadline if at all possible.
We plan to make our decision the first week of October. We hope to have your information by that date.
Supply any further forms, information, return envelopes, contact names and numbers, or approvals/releases so the reader can respond quickly and easily.
If it's more convenient for you, please feel free to call me collect at 713-955-9525.
We've provided all the necessary forms to make your response more convenient.
If you have questions about the information we need, call 123-3455 and ask for Jack Smith, who has a list of our project requirements.
I've included all the necessary release papers and permission forms ready for your signature.
Anticipate the reader's steps in preparing the information. The more questions you can answer before they're asked, the sooner you'll get your information.
Thank the reader.
February 23, 2007
Contact Name
Address
Address2
City, State/Province
Zip/Postal Code
SUBJECT:
Dear [Contact name],
We will need this basic information before we can submit your bond request to Universal General:
• Completed "Contractor's Questionnaire"
• Financial statement on A-l Horizontal Drilling
• Descriptions of your operations, equipment, and personnel
Thank you for allowing us to serve you.
Sincerely,
Your name
Your title
(800) 123-4567
youremail@yourcompany.com
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Tuesday, November 06, 2007 6:58 PM
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Category: Blogging
Government Relations
Guidelines
Provide details and specific information about the business you are planning to open.
Indicate clearly what type of information you are seeking. Inquire as to which regulations or ordinances apply to your proposed business.
Keep a detailed record of your correspondence. Follow up immediately if you do not get a prompt response to your inquiry.
February 23, 2007
Contact Name
Address
Address2
City, State/Province
Zip/Postal Code
SUBJECT:
Dear [Contact name],
As we are all aware, our business, and thus our number of employees, has been growing by leaps and bounds. While we are all excited by this, we have reached a point where our informal reporting of travel and office supply expenditures to Kathy is no longer practical.
In order for Kathy to do her job efficiently, we must provide her with well-organized information. Because of this, we are requesting that all employees copy the attached Office and Travel Expense forms and fill them out each Friday. Any receipts, invoices, etc., should be stapled to the form. Even if you do not have any expense to claim for that week, please fill in the balance box at the bottom of the sheet with a zero and sign your name to it. Please deliver these sheets to Kathy no later than 8:30 every Monday morning. This will allow Kathy to:
• Keep accurate records of each individual's weekly expenditures, should you need to access them.
• Allow Kathy to tabulate weekly and monthly expenditure reports more quickly and easily.
Kathy is always willing to go beyond the call of duty to help out her fellow employees. Let's do what we can to help her out.
Sincerely,
Your name
Your title
(800) 123-4567
youremail@yourcompany.com
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Tuesday, November 06, 2007 6:55 PM
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Category: Blogging
Collections
Guidelines
Express that you value their business.
Explain that they are late with a payment and ask them to let you know if there is some problem.
If the customer lets you know that there has been an emergency or problem, take that into consideration and make adjustments to their pay schedule.
If the customer doesn't respond with an explanation, take the second step and remind them of the terms of the agreement and their responsibility to this agreement. If that doesn't work, then let them know that they leave you no choice, but to turn the situation over to a collection agency.
Always be polite, even in the final stage of bill collecting. Being fair and considerate of a customer is better for business than being rude.
February 22, 2007
Contact Name
Address
Address2
City, State/Province
Zip/Postal Code
SUBJECT:
Dear [Contact name],
I wish to file a bankruptcy claim against Robert Morton. Enclosed is my Proof of Claim form and two invoices which support my claim.
Sincerely,
Your name
Your title
(800) 123-4567
youremail@yourcompany.com
Collections
Guidelines
Express that you value their business.
Explain that they are late with a payment and ask them to let you know if there is some problem.
If the customer lets you know that there has been an emergency or problem, take that into consideration and make adjustments to their pay schedule.
If the customer doesn't respond with an explanation, take the second step and remind them of the terms of the agreement and their responsibility to this agreement. If that doesn't work, then let them know that they leave you no choice, but to turn the situation over to a collection agency.
Always be polite, even in the final stage of bill collecting. Being fair and considerate of a customer is better for business than being rude.
February 22, 2007
Contact Name
Address
Address2
City, State/Province
Zip/Postal Code
SUBJECT:
Dear [Contact name],
Freeway Auto Parts has stringent rules for extending credit. Dave's Tires has maintained an outstanding credit record with us for the past two years. However, because of several late payments within the last six months and a bill which is currently outstanding, Dave's no longer fits our profile of companies eligible for credit. Therefore, we are terminating your credit account effective December 31. The account balance will be due in full at that time.
All future orders will be on a C.O.D. basis.
Sincerely,
Your name
Your title
(800) 123-4567
youremail@yourcompany.com
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Tuesday, November 06, 2007 5:56 PM
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Category: Blogging
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Introduction: methods for distributing your estate
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Most people have a basic understanding that the primary purpose of a will is to provide for the distribution of their property upon death. What people often fail to fully grasp is that they may have very important assets that WILL NOT be distributed according to their wills. Instead, these assets will be distributed in accordance with trusts, life insurance and retirement plan designations, and as joint property.
JOINT PROPERTY
No doubt you have some property that is owned solely by you. It is also possible to own property jointly with one or more other persons. There are several ways to own property jointly:
- Joint tenants (with rights of survivorship): When one joint owner dies, the surviving joint tenant automatically owns the deceased owner's interest, without regard to the provisions of the deceased owner's will.
- Tenants in common: When one owner dies, his/her interest in the property goes to whomever he/she designates in his/her will.
- Community property: Ten states have community property laws that affect ownership of property between spouses.
Joint Tenancy (with rights of survivorship)
A joint tenancy is created when two or more people own property together by including a provision in their deed that they hold the title to the property jointly. For example, a husband and wife may declare on a deed that they are taking title to their residence as joint tenants.
The important aspect of this type of ownership is the result that occurs upon the death of the first joint owner. When the first joint owner dies, the surviving joint tenant becomes the owner of the deceased tenant's share of the property. For example, if a husband and wife own their residence in joint tenancy and the husband dies, the wife becomes the sole owner of the residence. It does not matter what the husband's will may or may not say about the residence. Without any regard to the will whatsoever, the residence belongs to the wife as the surviving joint tenant.
Joint tenancy can be a valuable tool for avoiding probate in small estates, particularly if the joint tenancy is between spouses. However, it can cause unintended results if the joint tenancy is between a parent and child (or other third party). Furthermore, joint tenancy can cause serious tax planning problems for spouses whose combined estates exceed the federal estate tax applicable exclusion amount ($3,500,000 in 2009).
The rules on joint tenancy vary from state to state. In some states, a joint tenancy can only be established through a written document, and not by a mere oral agreement. In other states, the language of the written document must specifically state that the parties own the property "jointly with rights of survivorship."
Tenants In Common
In contrast to owning property "jointly with rights of survivorship," two or more people can own property as "tenants in common." As tenants in common, each joint owner owns an equal share in the property. However, when the first owner dies, the surviving owner does not automatically become the owner of the entire property, as is the case when property is owned jointly with rights of survivorship. Instead, the share of the deceased owner passes under the deceased owner's will to whoever the deceased owner designated in the will.
This result is very important in estate planning for spouses who wish to minimize estate taxes through the use of trusts, and for any other individuals who wish to set up trusts under their wills for any other purposes. Consequently, individuals with wills that create tax savings trusts often own their joint properties as tenants in common to make sure that their share of joint property passes under the tax savings provisions of the will, instead of automatically to the survivor.
Community Property
There are ten states that have community property laws that affect ownership of property between spouses. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Community property laws are optional in Alaska.
Community property generally refers to property acquired by either spouse during the marriage, except property that is received as a gift or an inheritance. The community ownership rule applies even though the property may be titled in only one name.
Spouses may also have separate property, which includes gifts and inheritances, as well as property acquired before the marriage. Each spouse is considered as owning one-half of the community property, and generally, has the right to dispose of his/her half of the property through a will or trust, similar to ownership as tenants in common in other states.
BENEFICIARIES
Life insurance proceeds, retirement plans benefits, payments under annuity contracts, and IRA accounts are paid in accordance with beneficiary designations that are part of your contracts for those arrangements. Your will does not control how those benefits are paid, unless your designations specifically refer to your will with appropriately worded designations:
- Joint tenants (with rights of survivorship): When one joint owner dies, the surviving joint tenant automatically owns the deceased owner's interest, without regard to the provisions of the deceased owner's will.
- Life insurance proceeds: The funds paid to designated beneficiaries under a life insurance policy.
- Retirement plan benefits: Payments that are made to you and your designated beneficiaries from a pension plan or other retirement account.
- Annuity contracts: A contract under which you invest a specific amount with an insurance company or other investment company in exchange for the right to receive periodic payments.
- Individual Retirement Account: An investment account into which you can transfer money, subject to limitations.
Life Insurance
Life insurance is a contract between you and a life insurance company. In very simple terms, you promise to make premium payments to the life insurance company. In exchange, the company promises to pay a specific dollar amount to your beneficiary (or beneficiaries) upon your death. You decide who will be the beneficiaries by completing a beneficiary designation form.
Your first choice as to who will receive the proceeds at your death is the primary beneficiary. You can name more than one primary beneficiary, in which case, each primary beneficiary will each receive an equal share, unless your designation specifically provides for some other allocation. You should also name a contingent beneficiary. If your primary beneficiary is not living, or if for some other reason the policy proceeds cannot be paid to your primary beneficiary, the proceeds will be paid to the contingent beneficiary.
It is very important to remember that your will (or living trust) will not directly control who receives your life insurance proceeds. Rather, your beneficiary designation form controls the distribution of the insurance proceeds. However, it is possible to give a will or trust control of life insurance proceeds by naming your estate or naming a trust as the beneficiary on the beneficiary designation form. For example, a married couple might establish a trust in their wills for the benefit of their minor children. A typical life insurance designation for that situation would list the spouse as the primary beneficiary with the trustee under the will as the contingent beneficiary. Many individuals provide in their wills (or living trusts) for one or more trusts that will be created at death if certain circumstances exist.
Annuities
Annuities are investments under which an individual makes one or more payments to an annuity
Sometimes the agreement is that return payments will begin as of a certain date and will end at the annuitant's death. In other cases, the payments will continue after death to a beneficiary designated by the annuitant.
Depending on your circumstances, you may have several choices in designating your beneficiary:
- Your Spouse
- Your Children
- Living Trust
- Trust Created Under a Will
- Other Beneficiaries
Retirement Plans
Retirement plans, including pension plans and 401(k) plans, are arrangements established by employers for their employees. Generally, the employer agrees as part of the employment arrangements to make periodic payments for your account to a retirement plan that has been established by the employer.
The payments to your account are invested. You do not pay taxes on the payments to your account or the earnings on your account until you start to receive distributions upon your retirement. To provide for the possibility that you may die prior to receiving all of your retirement benefits, a beneficiary designation should be completed.
Depending on your circumstances, you may have several choices in designating your beneficiary:
- Your Spouse
- Your Children
- Living Trust
- Trust Created Under a Will
- Other Beneficiaries
Individual Retirement Accounts
Individual retirement accounts (IRAs) are often used by individuals who do not have employer-sponsored retirement benefits. IRA accounts can be set up with banks, brokerage firms and other investment related companies. Payments by the individual are deductible for income tax purposes in some cases.
These accumulated payments, as well as the income earned by the IRA account, are not taxed for income tax purposes until the individual begins receiving distributions upon retirement. As part of the process of establishing an IRA account, you must complete a beneficiary designation to provide for the possibility that you may die prior to receiving full distribution from your IRA account.
Depending on your circumstances, you may have several choices in designating your beneficiary:
WILLS
If you use a will (rather than a living trust) as your main estate planning document, you will need to:
- Choose beneficiaries: Select the people who will receive your property after your death.
- Name an executor: This person will carry out your wishes after your death.
- Select a guardian: If you have minor children, you will need to choose someone to take care of them.
- Follow certain signing formalities: If you do not follow correct procedures, your will may not be valid.
Specifying Beneficiaries
The primary purpose for having a will is to specify the beneficiaries who will receive your property after your death. Often the beneficiaries are family members and friends. They can also be charitable organizations or trusts.
Your will does not control the distribution of life insurance and some other types of assets that are paid in accordance with beneficiary designation forms, unless your designations of the life insurance proceeds are specifically designed to cause the proceeds to flow through your will.
If you don't have a will, state law controls who will receive your property. Generally, this means that your property will go to your heirs and spouse (if you have one). Depending on your circumstances, state law would probably require that your property be distributed to the following people:
- Your Spouse
- Children
- Relatives
Choosing an Executor
Another reason for having a will is to name someone who will carry out your wishes after your death. The familiar term for this person is "executor", but in some states this person is known as a "personal representative." The primary duties of an executor after your death are to collect your assets, pay your debts and expenses, and distribute your remaining assets to your beneficiaries.
Ideally, your executor should be a person who is skilled in financial matters and who has a good understanding of your assets and your family situation. While the executor is often an individual, perhaps a family member or trusted friend, an executor also can be a bank that has a trust department.
You can choose two or more executors who will serve together as co-executors. To provide for the possibility that your first choice as executor will refuse or be unavailable to serve, you should also make a second choice.
Many states require that your executor (or at least one of your co-executors) be a resident of your state.
Naming a Guardian
If you have minor children, it is important that you consider who will serve as the legal guardian for them until they reach majority age (18 years). If your children's other parent (your spouse, or possibly an ex-spouse) survives your death, this person usually will serve as the guardian without the need for any special action. However, you need to provide for the possibility that the other parent will not be available as a natural guardian.
Signing Formalities
Your will is not valid unless you are mentally competent when you sign the will. Further, in most states you must meet a minimum age requirement of at least 18 years old. Your signature to the will must be witnessed by two other persons who are also required to sign the will. Some states have restrictions on whether or not beneficiaries under the will can also serve as witnesses. In most states, your signature and the signatures of the witnesses should be notarized.
TRUSTS
Trusts are separate legal entities created by trust agreements and wills for a variety of reasons.
- Overview: Types, goals and components of trusts.
- Living Trusts: A living trust can be used as an alternative to a traditional will.
- Tax Consequences: Some types of trusts are used to minimize estate taxes.
Overview
Although different trusts may be created to serve different purposes, trusts generally have several basic characteristics in common.
What are the components of a trust?
- Grantor: the person or entity who creates the trust.
- Beneficiaries: the individuals or entities who will receive benefits from the trust, beneficiaries sometimes include the grantor and sometimes other parties.
- Trust Assets: the property transferred into the trust, usually by the grantor.
- Trustee: the person or entity who manages the trust assets and makes distributions to the beneficiaries in accordance with the terms of the trust. Choosing the right trustee is important.
When is a trust created?
All trusts are either intervivos (created during your lifetime), or testamentary (created under your will and established at the time of your death).
Can I revoke a trust whenever I wish?
Trusts also are either revocable (can be changed or revoked by the grantor at any time), or irrevocable (cannot be changed after it has been created). Most revocable trusts become irrevocable at the grantor's death. Assets in a revocable trust are included in your estate for estate tax purposes, while assets that you transfer into an irrevocable trust are usually excluded from your estate for estate tax purposes. Thus, by giving up control over the assets (or at least most of the control) you can usually gain an estate tax advantage.
What types of goals do trusts accomplish?
- Minor children's trusts are used to control the management and use of assets for a period of time.
- Bypass trusts allow you to minimize estate taxes.
- Life insurance trusts allow you to avoid estate taxes on life insurance proceeds.
- Charitable trusts allow you to share the benefits of certain assets with a charity.
- Living trusts are used to manage and distribute assets as an alternative to using a will.
Living Trusts
As an alternative to using a will as your primary document for transferring property at your death, you can transfer all or some of your assets into a living trust that you create during your lifetime. At the time of your death, these assets are distributed according to the trust provisions, not by the provisions of your will. A living trust is both an intervivos trust and a revocable trust.
A living trust is established by first signing a written document that includes the trust terms, and then transferring all or most of your assets into the trust. The trust provisions usually provide that you are entitled to all of the trust's income and assets during your life. Upon your death, the trust then provides for the distribution of your assets to your beneficiaries in much the same manner as a will. Typically, you manage the assets of the trust during your lifetime. After your death, a successor trustee that you name in the trust agreement carries out the remaining trust duties, similar to how an executor would handle your will.
A living trust only applies to the assets that are actually transferred into the trust. You should make sure that most of your assets are transferred during your lifetime into the living trust. The remaining assets can be transferred at your death by using a pour over will. However, if you have to use the pour-over will, you have defeated the purpose of avoiding probate. The use of a living trust generally does not change your income tax requirements during your lifetime. The tax minimizing provisions that are included in complex wills for larger estates can also be included in a living trust.
Although most people create living trusts primarily to avoid the probate process that is required for wills, another important use for a living trust is to plan for the possibility that you may need someone else to manage your financial affairs if you become disabled or incapacitated. Your living trust can provide that prior to your death, your successor trustee may be given responsibility to take over your financial affairs if you are physically or mentally unable to do so.
It is possible to create a joint living trust with another person. For example, spouses may decide to create one joint living trust instead of two separate living trusts. It offers the simplicity of just one document_ However, unlike the situation where spouses each have their own wills or separate living trusts, a joint living trust offers less flexibility to the surviving spouse after the death of the first spouse to change the terms of the trust in response to changing circumstances.
Tax Consequences
Whether you choose a will or a trust as your primary estate planning document, there are tax consequences.
Income Tax Consequences
For income tax purposes, the grantor of a living trust continues to be treated as the owner of the assets that are now part of the trust. Thus, if you are the grantor of your living trust, you report the income from the living trust assets on your individual income tax return in the same manner as you did prior to transferring the assets into your trust. This rule applies when the grantor or the grantor's spouse is the trustee or co-trustee of the living trust. If some other party is the trustee, then the trustee has additional tax reporting requirements.
Estate Tax Consequences
Estate tax savings provisions can be included in a living trust, but a living trust has no more estate tax savings possibilities than a traditional will.
WILL VS. LIVING TRUSTS
Because the living trust is a popular "will substitute" alternative to using a traditional will, it is important to understand the advantages and disadvantages of each.
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Will |
Living Trust |
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Avoids probate… |
No |
Yes |
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Saves taxes… |
Yes |
Yes |
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Protects if incapacitated… |
No |
Yes |
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Costs less to set up… |
Yes |
No | ..>..>
Summary
Many people favor the use of a traditional will because of its familiarity and because it is easier to maintain. Individuals who have significant privacy concerns and a desire to avoid probate choose to use a living trust arrangement. Individual circumstances usually help decide how much weight should be given to the various advantages and disadvantages.
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Tuesday, November 06, 2007 5:54 PM
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Category: Blogging
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E-Signatures save trees
E-Signatures are secure and save time and money (and trees :-).
By now, many of us have clicked through online legal contracts. We may have also "signed" our initials to online legal documents from our bank or insurance company. In fact, big companies like Microsoft, Cisco, USAA and Schwab have been using E-Sign tools for millions of legal forms for several years. But, most individuals and small business managers currently do not use electronic signatures as part of their daily routine. That's probably because, until now, using electronic signatures has been hard to figure out and make work, given all the other hectic demands on everyone's time.
Well, now everyone can save some trees, kill the fax machine and start going paperless by electronically signing most legal documents as easily as using email. RocketLawyer.com now offers a simple E-Signature tool called "RocketSign." It takes only minutes and unlimited use is free for members, so anyone should have no problem getting the hang of E-signing legal documents online in record time.
Are E-Signatures legal?
The answer is yes, and there are federal guidelines that legal document services can follow, especially since President Clinton signed into law the Electronic Signatures in Global and National Commerce Act (the "E-Signature Act"), which became effective in the US on October 1, 2000. Ever since, online E-Signatures have gained growing acceptance because, according to experts, the E-Signature Act renders online electronic signatures on most contracts as legally equivalent to written signatures. For more information, see Electronic Signatures In Global And National Commerce Act.
RocketSign-- E-Signatures
You can now electronically sign hundreds of business and personal legal documents, from non-disclosure agreements to employment, sales, consulting, and licensing contracts to pre-nuptial agreements and real estate leases. You can also upload and sign any other personal or business contract, regardless of where the document was created, so long as you have a PDF or word processor compatible version on your computer and an Internet connection!
How does the RocketSign-- E-Signature process work? Easy! Just go to your RocketLawyer.com Account Manager (if you don't have one yet, you can create one for free here). From there you can E-Sign any eligible legal document, either created with one of the easy Rocket Lawyer interviews, or a new legal document that you upload into the system from your computer. Follow a few simple instructions and – zap – your legal document is sent via email for E-Signature by the other party to your agreement. It takes only minutes for the other party to then electronically sign and it is automatically sent back to you to be a final, legal contract! You are updated every step of the way, according to your preferences. Your final legal document is then kept safe and secure online and you can also download it for local safekeeping.
That's it – no more paper, and lot's more time and trees:-)
Try RocketSign electronic signatures today.
posted by Charley Moore : 5:53 PM
Use a Non-disclosure Agreement to Protect Your Intellectual Property
Do you have an idea for a new product or service? Need to discuss it with potential customers, investors or perhaps even competitors? If so, think about protecting your idea with a simple confidentiality agreement (also known as a "Non-disclosure Agreement, or "NDA" for short).
A Nondisclosure Agreement is contract under which the person (or organization) receiving information from anther person (or organization) agrees not to disclose proprietary and confidential information that it receives in this context. This type of agreement may be useful in a variety of circumstances. For example, a company might choose to share information with a sales consultant for the purpose improving its sales performance. In such a situation, the company would probably be sharing product and customer information with the consultant and would want to protect this information from disclosure by the consultant to third parties.
Some typical provisions that are included for the protection of the Owner include the following:
- No Warranty. There is a possibility that the Confidential Information could contain mistakes or errors, or be based on assumptions that later prove to be incorrect. Therefore, it is common for Owners to include a "no warranty" provision that specifies that the Owner will not be responsible for any damages that the Recipient might incur from using the Confidential Information.
- Risk of Disclosure. In addition to the "No Warranty" provision, the Owner may also want to provide that any disclosure made by the Recipient of any information is at the Recipient's risk. Because the Owner has already stated that it will not warrant the accuracy of the information, the Owner can further provide that the Recipient will bear the risk of using the information in violation of the agreement. For example, if the Recipient acts on some of the information and the information was inaccurate, the Recipient cannot hold the Owner responsible for the harm caused by the inaccurate information.
- Limited License. Generally, the Owner and the Recipient intend that the Confidential Information will only be used by the Recipient for the limited purpose of reviewing the information and becoming familiar with the Owner's business to determine whether the parties might have interest in future transactions (based on some additional agreement). A "limited license" provision makes it clear that the Recipient is not acquiring the right to use the Confidential Information on a general basis.
- General Provisions. A Nondisclosure Agreement should include provisions that (i) require amendments (changes) to the agreement to be in writing and signed by both parties, (ii) specify the state whose laws will govern and interpret disputes between the parties regarding the matters covered by the agreement, and (iii) prohibit the parties from assigning their obligations under the agreement to third parties. Generally, the state whose laws should govern the agreement should be the state of the Owner or the Recipient.
The easiest way to complete and save a Non-disclosure Agreement for your records is the Easy Non-disclosure Agreement interview at RocketLawyer.com.
Labels: confidentiality, confidentiality agreement, intellectual property, legal, legal forms, nda, non-disclosure agreement
posted by Charley Moore : 10:56 AM
Loans & Promissory Notes
"Neither a borrower nor a lender be…" Well, Shakespeare wrote that a long time ago. At various times, most people today are both borrowers and lenders, for personal and business purposes. A Promissory Note is a basic agreement between a lender and a borrower that can protect your assets and future returns when you borrow and lend money, if you're smart about it...:NAMESPACE PREFIX = O />
There are two basic types of Promissory Notes: Due on a Specific Date notes and Due on Demand notes. A loan under a Due on a Specific Date Promissory Note must be repaid by the Borrower to the Lender on a specified due date. A Due on Demand Promissory Note is payable "on demand," meaning it must be paid immediately by the Borrower upon request by the Lender.
The Promissory Note itself is a document that specifies the terms, rights, and obligations that apply to a loan. The party making the loan is the "Lender" and the party borrowing the loan funds is the "Borrower." The Note includes provisions regarding the amount of the loan, the interest rate, the date by which the loan must be repaid, and general provisions for enforcing the repayment of the loan.
Interest. Of course, in addition to the payment date, the key term in most promissory notes is how much interest will be paid by the borrow to the lender. Most states have usury laws that limit the amount of interest that can be charged. Therefore, if an interest rate will be charged that is unusually high, it is advisable to check with a lawyer or local bank to make sure that state usury laws will not be violated.
The Internal Revenue Service has special "imputed interest" rules that apply if no interest is charged or if the interest rate charged is lower than the statutory federal rate of interest. The IRS treats such loans as having a higher interest rate than the rate stated in the Note. Exceptions may apply to most small loans, however. Consult a tax advisor or lawyer if no interest or low interest will be charged. The statutory federal rate of interest changes each month. This information may be obtained directly from the IRS.
If the Borrower fails to repay the loan upon demand, it is common to assess a higher rate of interest that becomes effective as of the date of demand. This higher "default rate" provides an incentive for the Borrower to pay the Note promptly.
You can create a Promissory Note anytime using this Easy Promissory Note wizard.
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Labels: business loan, loan document, loan form, personal loan, promissory note
posted by Charley Moore : 9:16 PM
How to do Service Contracts
From time to time, everyone needs or provides services for pay. Services are the fastest growing part of our economy and it is important that you properly document services to be provided or purchased to avoid headaches down the road. Keep reading and we'll discuss some easy and affordable documents that you can use to put service relationships in writing. All of the documents discussed in this article can be easily created, saved and edited at RocketLawyer.com.
Service contracts document the terms of the sale of services. Everyday services from childcare to business consulting, special services like wedding photography and countless other situations can be documented with standard contracts. This article describes some of the common service contracts that you might need for both personal and business purposes.
In general, the basic elements of a contract to purchase services are:
- Identification of the parties.
- A description of the services to be performed.
- The dates or scheduled dates for performance of the services.
- Any conditions or limitations placed on either of the parties or warranties related to the performance of services.
- Payment terms.
Work for Hire AgreementsHiring a nanny for childcare or a contractor to do some work on a house? In that case, you probably can use a Work for Hire Agreement. A Work for Hire Agreement is a document under which a "Service Provider" contracts to provide services for an individual or organization (the "Hiring Party"). Under this agreement, the Service Provider is an independent contractor, and not an employee, of the Hiring Party. This Agreement should not be used if the Service Provider is really an employee of the Hiring Party. In many respects, the Work for Hire Agreement is simply a short-form version of a Consulting Agreement.
Consulting AgreementsHiring a consultant to work in your business, or department? Consider documenting this independent contractor relationship with a Consulting Agreement. A Consulting Agreement is a document under which a consultant (someone who gives expert or professional advice or services) agrees to provide professional or consulting services. Under this agreement, the "consultant" is an independent contractor with respect to the "Hiring Party and not an employee of the Hiring Party. At RocketLawyer.com, this document allows the user to substitute any term for the term "consultant," and thus, this document can be adapted to many other situations that might involve an independent contractor.
General Service ContractsA General Contract for Services documents the terms of the sale of services by one company (the "Service Provider") to another company or an individual (the "Service Recipient"). This document should not be used if the Service Provider is an individual. The Work for Hire, Consulting Agreement, or Subcontractor Agreement documents, available at RocketLawyer.com, can be used for that purpose. This document only deals with services purchased from a business, and therefore, does not address issues related to independent contractor status.
All of these easy services contracts can be created using the simple wizards at RocketLawyer.com. Once complete, services contracts can be stored online for safety and future reference. Finally, you can also find a host of complimentary forms and agreements to further document your personal services relationship, like confidentiality and non-disclosure agreements and more.
Labels: consulting, consulting agreement, legal forms, service contracts, services, services agreement, work for hire
posted by Charley Moore : 12:33 PM
Prenuptial Agreements Help Smart Couples Stay Together
More marriages in the U.S. are standing the test of time, due in part to more mature couples electing to document their pre marriage financial situations in prenuptial agreements. According to the Associated Press and several major news outlets, a recent report by US health officials announced on May 4, 2007 that the U.S. divorce rate has fallen to the lowest level since 1970. With Americans getting married later in life and more two professional households than ever before, perhaps this should not come as a surprise.
Prenuptial Agreement Basics
A Prenuptial (or Premarital) Agreement is an agreement between prospective spouses, made in contemplation of marriage. The Prenuptial Agreement becomes effective upon marriage. The Prenuptial Agreement should be discussed by the couple well in advance of the marriage. Sufficient time should be permitted to allow both spouses to consult their separate legal counsel and to sufficiently consider the Premarital Agreement. Otherwise, one party may later claim that the Premarital Agreement is unenforceable because it was misleading or signed under pressure. The Prenuptial Agreement is generally unenforceable if it was signed after the marriage ceremony.
Why do smart couples make Prenups together?
Increasingly, women and men are marrying later in life, after each prospective spouse has started a career. So, it stands to reason that professional women and men have each accumulated assets and debts of their own, prior to the relationship and marriage. Smart couples talk to each other candidly about their finances and these are the types of people who may rationally commit to care for the financial health of their marriage as they care for each other and their other family members during the marriage.
What does a Prenuptial Agreement do?
From a legal perspective, marriage can be compared to a business arrangement. Business transactions should not be entered into without documenting the terms of the arrangement in writing. Likewise, a couple considering marriage should carefully think about how financial issues will be handled during and/or after a marriage. Without a Prenuptial Agreement, the probate court (upon death) or the divorce court will impose an agreement on the parties in those circumstances. A number of issues can be clarified in a Premarital Agreement pertaining to property rights. For example, the Prenuptial Agreement can specify how property -- previously owned or acquired during the marriage -- will be distributed upon divorce or death. Other items which may be addressed include:
- The handling of debts and expenses;
- Rights to inherit from each other;
- Rights to be named as the beneficiary of life insurance or retirement plans; and
- Any other matter regarding the spouses' rights and obligations, as long as the agreement does not violate public policy concepts or criminal laws.
Interested in making a Premarital Agreement? You can take a free Prenuptial Agreement interview online at RocketLawyer.com.
Note – certain types of agreements may be invalid
Certain Premarital Agreement provisions may not be enforceable, such as provisions relieving one spouse from paying child support or alimony. State law or public policy may prevent a court from enforcing such provisions. Because of differences between the states, the drafting of such provisions should be done in consultation with a lawyer.
posted by Charley Moore : 2:21 PM
Real Estate Lease ABCs
Do you own real estate that can be rented to tenants? Whether you are an apartment landlord, leasing commercial property or renting a room in your home, you should know some basic facts about real estate leases. This article explains the ABCs of real estate leases so that you can make informed decisions about your property and the rights and rules that will govern your relationship with your tenants. In the future, we will explore in detail various types of real estate leases, such as commercial leases, apartment leases and residential leases. This article focuses on the basic real estate lease.
What's a Real Estate Lease?
A real estate lease is a written agreement between a Landlord and a Tenant establishing the rights and responsibilities of each party. The Landlord is the owner of the real estate (also known as the "premises") who rents that property to a Tenant for the Tenant's use. A "residential" lease applies to real estate used as a residence, while a "commercial" lease applies to business property.
What are the Responsibilities Landlords and Tenants?
Although the Landlord's exact responsibilities may vary from state to state, the Tenant can expect the Landlord to perform certain responsibilities that are imposed by state or local law. These responsibilities may be voluntarily increased or clarified by the terms of the lease agreement, but cannot be escaped. For example, the Landlord generally must provide the Tenant with "quiet enjoyment" of the property, and maintain safe and healthy living conditions (in the areas under the Landlord's control). The Landlord must also ensure that the property complies with all health and safety building codes, must keep the premises in good repair, must maintain all electrical, plumbing, and heating facilities (if such services are supplied by the Landlord), must keep all common areas safe and clean, and usually must provide certain types of services such as adequate heat, running water, and trash collection services.
Virtually every state prohibits the Landlord from escaping these basic responsibilities, despite the Landlord's attempts to do so by inserting escape language in the lease agreement. Any such lease provisions are usually unenforceable. Furthermore, the Tenant may have the right to withhold rent and/or to "repair-and-deduct" as necessary to remedy a problem. On the other hand, it is not uncommon for the Landlord to delegate minor repair responsibilities to the Tenant, especially in a single-family dwelling lease.
Although a tenant's responsibilities may vary by state, tenants generally must: keep their portion of the property in reasonably clean and healthy condition (including the deposit of garbage in the appropriate receptacles); not abuse or damage the building, furnishings, or appliances; not interfere with others' quiet enjoyment (including offensive noise, odors or activities); and not allow or participate in illegal activities on the property.
When is a Real Estate Lease Agreement Necessary?
A written real estate lease contract should be prepared and signed whenever property is rented to reduce the likelihood of misunderstandings between the Tenant and the Landlord regarding the rental arrangement.
RocketLawyer.com provides standard leases that contain a comprehensive set of provisions and options. For basic real estate leasing situations, the Quick Form Lease automatically includes many of the common lease provisions that most users would select if given the choice, and therefore is designed for easy use.
Labels: apartment, commercial lease, lease agreement, lease contract, real estate, real estate lease, real property, rental contract, rental property, residential lease
posted by Charley Moore : 6:55 AM
Easy Estate Planning - 4 Reasons to make a Trust
Want to implement a simple estate plan that will protect your loved ones as much as possible? For many people, the idea of going to an attorney and spending thousands of dollars just doesn't work. However, with a little bit of effort, you can do it yourself and save.
The first question usually is: "do I need a Will, a Trust or both?" The answer usually is "both." Here are the basic differences between a legal will and a trust. As you can see, trusts, which have often been misunderstood, are not just for the rich. For many ordinary conscientious people, a trust is the best way to protect your loved ones and assets.
Here's why:
The Living Trust or Joint Living Trust, combined with a Pour Over Will, are often viewed as preferable alternatives to the stand alone Will. Some of the perceived advantages of the Living Trust are as follows:
1. Privacy. A Living Trust is more private. Under state law, a will is admitted to probate after the Willmaker dies, so that the terms of the Will can be administered. (Under certain circumstances, families with very small estates may be able to use abbreviated probate procedures, or avoid probate entirely, in which case it is not necessary to admit the Will to probate.) "Probate" refers to the court procedures that: a. determine the validity of the Will b. deal with potential Will challenges, c. resolve the claims of creditors of the decedent, and d. ultimately distribute the decedent's assets to the beneficiaries. As a result, the Will becomes part of the court records that can be inspected by the public upon request. In contrast, a Living Trust is administered by the Successor Trustee usually without court involvement, and normally does not become a public record. Thus, the terms of the Living Trust, including the identities of the beneficiaries and the manner in which the Grantor's assets will be distributed, remain private.
2. Reduced probate costs. A Living Trust may avoid at least some of the perceived "evils" of the probate process. A Will is subject to a court administered process known as "probate." This process takes time (generally, six months to three years), and involves court costs, executor fees, and lawyer fees. The cost of probate can vary greatly, depending on state law; the cost may range from 2% of the amount of the decedent's gross assets to 10% or more in some states. However, the costs associated with administering the trust assets after a Grantor's death, including the obligation to prepare various tax returns, account for trust assets, pay the Grantor's debts, and make required distributions, may be similar in amount to the costs of probate. Therefore, it is difficult to predict whether the amount of savings that might result from the use of a Living Trust will be more than a minimal amount.
3. Management of property. A Living Trust offers a mechanism for allowing another person or organization to manage all or some of your assets if you become unable to do so, or if you simply prefer to "have someone else do it." Thus, a Living Trust may serve as an alternative to a conservatorship or guardianship.
4. Affordability. Traditionally, the costs may have been to high for most people to create an estate plan, including a Living Trust. Today, however, you can put together your own estate planning documents for as little as $34.95 using the Easy Estate Planning kit at RocketLawyer.com. Just start here and you're on your way to a sensible and Easy Estate Plan.
Labels: estate plan, estate planning, law, legal, legal will, living trust, living will, trust
posted by Charley Moore : 6:54 PM
5 Tips for a Complete Will
You've decided to write a will yourself to protect your loved ones. So, what are five tips to help you do it right? Follow these maxims and you will be on your way to creating a legal will that can help take care of your loved ones when you are not able to do so yourself anymore.
- Select a Guardian for your children and someone to manage their property until they reach adulthood.
- Make a list of the property you want to cover in your Will.
- Decide who you will entrust to administer your estate.
- Sign your will with witnesses and/or a notary.
- Keep your will in a safe place.
If you use RocketLawyer.com to create your Legal Will, all of the above tips will be covered in an easy, step by step interview. You will also have the chance to "Make it Legal" by following simple instructions – and, you'll see a handy "Notary Finder" link in your account. When you're finished, you can store your Will in the FileSafekeeper, to protect this essential document from fire, flood or theft, forever.
Want more information, watch our Video Help on this subject, by Arthur Miller. | ..>
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Tuesday, November 06, 2007 5:38 PM
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Tuesday, November 06, 2007 5:36 PM
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Tuesday, November 06, 2007 5:35 PM
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Tuesday, November 06, 2007 5:34 PM
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