A living trust is a legal document that, just like a will, contains your instructions for what you want to happen to your assets when you die. But, unlike a will, a living trust avoids probate at death, can control all of your assets, and prevents the court from controlling your assets if you become incapacitated. What are some benefits to having a living trust? 

• Avoids probate at death, including multiple probates if you own property in other states
• Can control who gets your property and how they get it
• Provides maximum privacy
• Quicker distribution of assets to beneficiaries
• Can reduce or eliminate estate taxes
• Inexpensive, easy to set up and maintain
• Can be changed or cancelled at any time
• More difficult to contest
• Can protect dependents with special needs
• Prevents unintentional disinheriting and other problems of joint ownership
• Peace of mind

Should I have an attorney do my trust? Absolutely, but not every attorney can do the job correctly. A local ABQ attorney who has considerable experience in living trusts and estate planning will be able to give you valuable guidance and peace of mind that your trust is prepared and funded properly. We’ve seen many “Do It Yourself” Trusts. We haven’t yet seen one that can positively compare to those done by a competent Estate Planning Attorney. ​
 Click to schedule an appointment or call our office now, we are always ready to discuss your legal concerns. 

​It's time to find an attorney, and that doesn't mean break out the yellow pages. Instead, you can better search for one online involving your specific case criteria and other requirements. Continue reading to find out more about how to find the right lawyer for your needs so that you are covered.
 
Ask for a free consultation. Many lawyers will offer a free consultation, so you can have your questions answered. During the consultation, you can also see if you are comfortable with that lawyer. Always go to more than one free consultation so you have a good mix of lawyers to choose from.
 
You have to be able to easily get in contact with your lawyer. If you're unable to reach your legal representation, it will be terribly inconvenient. Choose a lawyer who has an efficient support staff so getting in touch with them is easier.
 
If you notice that the lawyer you chose is not doing the job that you were expecting, do not be afraid to fire them. This is the person that you are paying, so at any point you can cut ties. If you are facing a legal matter, you only want the best on your side.
 
Stay as organized as possible when you are working with a lawyer. This means that you should have all of the documentation in relation to your case on hand at all times. If you are unorganized, your lawyer can lose valuable time planning a strategy for your case, which may result in a loss.
 
Go with a specialist when you really need one. If you are in a jam, and it's regarding something very specific a general practitioner may not have the know how to help you in the way that you deserve! Yes, a specialist may be more money, but your chances will be much better with the expertise that's brought to the table.
 
Stay away from lawyers who promise you an easy victory in court. Very few cases are absolutely indisputable and a lawyer who seems overconfident might be lying to you. Do not hesitate to meet with different lawyers to ask for advice before you hire one and do some research on the reputation of these lawyers before you hire one.
 
A good lawyer can feel like having insurance, and it can make or break your case. Therefore, it's important that you find the right one in order to meet you needs. Use everything you've learned here as you get started trying to find the right lawyer for your needs today.
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Come take a seat with us and we can help you make the right decision. Click to schedule an appointment or call our office , we are always ready to discuss your legal concerns. 

The rule is to always put business activities into an entity with a liability shield.  This puts a liability shield between your personal assets and claims arising from those business activities.  Below we discuss the three (3) most common entities used.

The Limited Liability Company (“LLC”) is the newest and perhaps most common form of business entity.  Unlike the Limited Partnership, which has liability protection for only some of the partners, the Limited Liability Company protects everyone – the members and the managers.
The LLC can be taxed as a partnership, a C Corporation, an S corporation or a disregarded entity (proprietorship).  This flexibility and a minimal amount of annual filings required make it the most commonly used entity type.

Another option is a Corporation.  Creating a Corporation is like creating an artificial person.  Because Corporations are legally separate entities and they also have a much different tax structure. They pay their own separate taxes at a corporate tax rate instead of a personal tax rate.
In addition to the separate tax structure, Corporations have an unlimited life, flexibility in ownership and management structures. These benefits can make corporations an ideal choice for businesses but, with all of the recordkeeping requirements, can require annual paperwork to maintain.

An S-Corporation is subject to the same filing requirements (annual paperwork) as a regular Corporation (also sometimes called a “C-Corporation), however has a pass-through tax status that is similar to a partnership, and reports its earnings on your personal return. This makes life a little bit easier because you can avoid paying taxes at the corporate and personal level.  However, S-Corporations have ownership limitations. Non-U.S. citizens and other entities cannot own shares in an S-Corporation and the number of shareholders is limited to 100.  Also, all stock must share equally in profits. 
Which one is best?  It depends on your situation.

Come take a seat with us and we will offer you assistance with designing an exceptional, complete plan. Click to schedule an appointment or call our office , we are always ready to discuss your legal concerns. 

​Finding yourself in need of a lawyer can be a confusing, scary and uncertain experience. But, if you take the time to acquaint yourself with the work lawyers do and the ways in which you can identify those most qualified to help with your specific issue, it is possible to remove much of the fear. The blog below includes useful tips to help you accomplish that goal.

Ask lawyers about their fees list. Fees can vary a great deal, depending on the individual's level of expertise, and you ought to understand what you are getting into. There is nothing worse than losing representation once proceedings have already begun.

When you truly need a lawyer who specializes in a specific field, choose one. While you may have a lawyer who you trust implicitly, they may not know enough to truly handle your case in a manner which leads to a positive outcome. Ask that lawyer for who they might recommend instead.

Look for reviews on local lawyers online. Finding a lawyer that you can trust and respect can be very difficult, so any advice that you can get can be very helpful. Make sure the reviews you consider are on an independent site and take all comments with a grain of salt. The goal is to find the general consensus.

Check for your lawyer's record to see the accomplishments that they have in their field and whether or not there are any issues in the past. The object is to get the best lawyer available in your budget, so do your research to find one that fits the bill. This choice can make a large difference in your life if you are facing a serious issue.

Ask everyone you know if they've used a lawyer for a legal situation such as yours, and who they might recommend. Don't forget to collect references for the lawyers on your short list and check them out. Also conduct a background check and Google them to see what others say about their services.

When you need a lawyer, you are likely undergoing a wide range of emotions, including worry, dread and perhaps annoyance. Fortunately, if you possess a bit of basic knowledge about the legal profession and how to make working with a lawyer a beneficial experience, things do not need to be so bleak. The information found above should serve as a useful resource now and into the future.

It is not easy to find a lawyer that you like. With so many qualified attorneys to consider, it is difficult to distinguish between them. Fortunately, the article below contains some information that can help.

Try to avoid a lawyer that does not have a specific area of law they specialize in. A general practitioner is helpful but not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.
For example, if you are dealing with asset protection or estate planning, you will want someone that knows exactly what they are doing once they step into the courtroom.

A good tip to keep in mind when hiring a lawyer is to be very wary of any lawyer who seems more interested in getting paid than winning your case. There are many unscrupulous lawyers out there who will try to get you to pay a contingency fee, or even get you to mortgage your house.

Stay away from lawyers who promise you an easy victory in court. Very few cases are indisputable and a lawyer who seems overconfident might be lying to you. Do not hesitate to meet with different lawyers to ask for advice before you hire one and do some research on the reputation of these lawyers before you hire one.
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Make sure you understand the process involved with firing your lawyer. There are many lawyers that still require you to pay a portion of your fees even if you fire them. Read over all contracts carefully, so there are no surprises later if you need to seek out a new lawyer.
When it comes to your legal issues, a good lawyer is of the utmost importance. Choose carefully and make sure you are satisfied. The advice above can help you that. You should focus on choosing the right one because choosing the wrong one will make matters worse for you.

Asset protection planning is undertaken to protect your assets from being lost to creditors. Financial reversals can happen as a result of divorce or accident or many other reasons. Insurance is may be available as your first line of defense, but in many instances, the loss exceeds available coverage.

Here are some things to consider when thinking about your asset protection:
Start Planning
Start planning your protection long before a claim would arise. You never know when life will take a turn and you will need this protection most.
Late Planning
If you are trying to start on a protection plan after a claim arises it could make things more complicated, opening yourself up to liability and might leave you worse off than if you had done nothing at all.
Protection is not Insurance
While you are protecting yourself and your assets with asset protection, it should not supplement insurance in any way.
Simple is Better
Complicated protection plans are not better. If you cannot understand it yourself there is a good chance that you will not communicate your protection plan well to others. This may make things look suspicious and easily disregarded.
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Finlayson Law is here to help you navigate these waters and help you to make the best decisions. Trust our local Albuquerque firm to get you protected and keep you protected.

​Protecting and supporting family members is your number one priority. We're here to help you set up the safeguards that will allow you to focus on what's important--enjoying life surrounded by the people you love and care about.

When you decide to tie the knot, there are a few things you might want to take care of early so that you can just enjoy this exciting time with family and friends. Basic legal forms can help smooth out the transition. Like, before joining forces with your partner a prenuptial agreement form helps clear up property arrangements, who's responsible for what, how the finances break down and who takes care of which bills. And if you're taking on your partner's name, a name change notification letter spreads the news to employers and others.

After you start a family, you might need certain forms to take care of your children, like a child care authorization form allowing a child caregiver to make decisions on health and other major decisions while you're at work, and a child care contract for when you invite a nanny into your family.

Personal records are also good to get squared away as you organize family affairs. For example you might need a birth certificate request form or a marriage certificate request letter if you've misplaced these documents. You might need them so you can apply for a passport or insurance policy down the road.
All these precautions and more can make the life you have now easier. They may also come in handy down the road, because we all know things don’t always go smoothly. These documents can add protection into estate planning and asset protection. 

Are you in need of a lawyer? That is what this article is all about -- finding the right lawyer for you. Read on to find out how to choose just the right lawyer to meet your legal needs and emerge victorious.

Ask for a fee schedule from every attorney you are interviewing. Legal help can be cheap or wildly expensive, depending on the lawyer, and you need to know what you're getting yourself into. After the proceedings have begun, you don't want to lose your lawyer.

Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.

When you hire a lawyer for a lawsuit case, hire one that will take your case on a contingency fee. If a lawyer is not willing to take your case on contingency, consider looking for a different one. If a lawyer wants to charge your hourly for this type of case, then he thinks he cannot win.

Keep a paper trail. Document all conversations and meetings with your lawyer. Take note of all questions asked, as well as their answers and record all arrangements and discussions of fees and charges. Lawyers are only human and make mistakes. Give yourself a layer of protection with excessive record keeping.

Often, lawyers are specialized in a specific area of the law. If you need a lawyer, make sure you find one that can help you in the exact area that you need. Do not try to hire a personal injury lawyer to help you with your bankruptcy. Even if you are referred by a friend, if the lawyer is not specialized in the area of law you need, then keep looking.

See if the people that work in the office of your lawyer are nice people. Is the receptionist nice to talk to and fast to respond? If you are not treated professionally before you retain the lawyer, they will likely treat you even worse once the lawyer is working for you.