Do I Need a License to Landlord?

Becoming a Landlord:

Do I Need a License?

Many Real Estate Investors are choosing to rent investment properties during this soft market.  And despite the fact owners see these properties as investments, the government generally views property renting as a business.  This bears the question: does one need a license to be a landlord?

Need I have a Real Estate License to rent my property?

In most states, one does not need to be a licensed Realtor to be a Landlord, so long as the property you are renting is your own.  All you need is authority to negotiate a lease, which you most certainly have if you own the property.  If you own the property in partnership, it is best to have a written agreement with your co-owners, giving you authority to execute leases on behalf of the group.  But so long as you have an ownership stake in the property, you do not need a Real Estate License. Many states do require a Real Estate License if you are going to manage property you do not personally own though.

Need I Have a Business License to Rent My Property?

In many jurisdictions, you WILL need a business license to rent property. Depending on where the property is located, you may need a State license, a local license, or both.  This is especially true for transient housing, or any type of property rented on a short-term basis.  In most jurisdictions, this means property that is rented for a lease period of six months or fewer.  Some States require just the business registration and license, while others require both a business license and a rental license.

How Do I Find Out What my Jurisdiction Requires?

If you have retained a Real Estate Attorney, s/he will be able to advise you on licensing and registration requirements for your area.  Your attorney will also be able to advise you of the requirements for a short-term (weekly or monthly) rental vs. a long-term (annual) rental.

If you are not working with an attorney, the first place to check is your local municipality's Housing Office.  If your district does not have a housing department, check with the Building Department. Most localities will also list landlord requirements on their local websites.  Often times, the applicable forms will be available on the website too.

Will I Need a Certificate of Occupancy?

In most cases, you will need to have the Certificate of Occupancy (also called a CO) BEFORE you can apply for a business license or a housing license.  Simply put, a Certificate of Occupancy is a document issued by a local building or Zoning authority confirming that the premises have been built and maintained according to the provisions of the building or zoning ordinances, and that the premises is fit for occupation.  In practical terms, it means a unit is safe to live in and meets the local definition of habitability.

In most cases, a CO is issued when a building is first completed or when a building's use changes.  In many localities, converting a unit to rental property requires a new CO, as it is considered a change of use.  In order to get one, you will need to have the property inspected by the municipality to ensure it complies with rental codes.  This is usually done by a representative from the local Building Department.  The Inspector will either issue the CO or a list of violations that need to be addressed. Should violations be found, they will need to be repaired before the final Certificate of Occupancy is issued. Once you have the CO in hand, you may apply for the business or housing license.

What Happens if I Do NOT Get a Business License?

If you rent without obtaining the proper license, you will be the landlord of an illegal apartment. There may be many consequences associated with this.  Your city/state can fine you or even issue a "cease and desist."  Your tenants may withhold rent.  There may be insurance and tax consequences.  And should you end up in litigation, you'll be coming to court with "unclean hands," something that can cause negative decisions.  In addition, you may be charged with tax evasion.  Obviously, we recommend you obtain the proper licenses to become a landlord BEFORE you rent your property.

Do I Need a Separate License for Each Property?

Again, that depends on your specific area's requirements.  Generally, you will need a CO for each individual property.  If there are registration requirements, each parcel will need to be registered. Some jurisdictions will issue a blanket business license for property rentals, while others will require a separate license for each unit.  Most jurisdictions will require a hotel license for any type of short-term rental.

What Steps do I Follow to Become a Landlord?

First, consult with your attorney and/or local officials to determine the exact licensing and registration obligations for your area.  Next schedule an inspection and obtain your Certificate of Occupancy.  Then, if your state requires it, register the property with the with the appropriate division.  Obtain any required State Licenses before you apply for any required local ones.  We suggest you consult with a skilled Real Estate Attorney to help ensure you have followed every step appropriately and you have complied with all State and Local requirements.

Summary:

This week, we discussed licensing requirements for potential landlords.  Although you do not need a Real Estate License to rent property, most jurisdictions require some sort of business license and/or registration before you can legally rent a unit.  Most jurisdictions also require a Certificate of Occupancy (CO.)  Since converting a property from owner-occupied to a tenancy is considered a change of use, you will most likely need to obtain a new CO before applying for any type of housing license.Depending on where the property is located, you may need a State license, a local license, or both.

Here at the Law Offices of Heath D Harte, we believe that real estate is a good investment.  We also believe renting properties that are part of an investment portfolio can be an effective strategy, especially in a soft real estate market.  Becoming a landlord is one way to help your investment property pay for itself while your equity in that property grows.  

However, many investors become landlords without investigating the requirements, leading to negative financial impacts when an issue arises.  Investors must obtain the proper licenses before renting out a property, so that their investment may grow with no negative impacts.  And while they are investigating the legalities of renting, investors need to become familiar with their local landlord-tenant laws as well.  We truly believe this is an area where skilled attorney help is a must.  You really need to develop a relationship with an attorney you can trust before entering the property rental field. Your attorney can be the key to making your rental business a success. Not only can your attorney navigate the licensing process effectively, but s/he can also negotiate leases, hold security deposits, and help when tenant issues turn sour.

If you live in the New York-Connecticut area especially, The Law Offices of Heath D Harte are here to help you with all of your landlord-tenant needs.  We invite you to contact us so we may help you with all of your real estate law issues.

Land Trusts: Final Thoughts

Land Trusts:
Final Thoughts

We hope you have enjoyed this series on Land Trusts.  But alas; all good things must come to an end. We are wrapping up this series.  Then, we are going to take a couple of weeks off to compile this information into an ebook.  (Subscribe to this blog and/or follow us on Facebook or Twitter to be advised as to when this book is available.)  When we return, we'll be highlighting other  important Real Estate Law and Real Estate Investing subjects.  

Land Trusts: Summary of Advantages

Throughout this series, we have focused on all the advantages of putting properties into a Land Trust. To sum up, these advantages include:

1. Privacy: Using a Land Trust keeps property ownership private, and it keeps your name out of the public records.
2. Liability Protection: Using a Land Trust can help shield you from many frivolous lawsuits.
3. Protection from Judgements: A Land Trust helps protect your personal assets from being subject to a judgement.
4. Protection from Liens: IRS and other government judgements do NOT attach to property held in a Land Trust.
5. Avoiding Probate: Land Trusts help your assets pass DIRECTLY upon your death, rather than having to pass through probate.
6. Eases Transferability and Control: Property held in a Land Trust is much easier to sell, transfer, and manage.  This is especially true of "distressed properties," "under-water properties," and those in danger of foreclosure.
7. Minimizes Fees: Minimizes fees related to deed recording, transferring properties, title insurance, etc.
8. Eases Multiple Ownership: A Trust can have many beneficiaries.
9. Asset Protection: A Land Trust can help shield assets in case of ownership issues, such as bankruptcy or divorce.
10. Keeps Pricing Information Private:  A Land Trust helps protect your privacy regarding what individual parcels of land are worth.

Land Trusts: Summary of Concerns

1. You will need a Skilled Attorney: Few lawyers are experts when it comes to Land Trusts. You will need to find an attorney with skills and training in this area to receive the maximum benefits.
2. There are ongoing fees: A Land Trust will always have nominal ongoing fees associated with it.  After all, few Trustees are willing to do the job for free.
3. Privacy May Be Revealed with a Court Order: Although a Land Trust makes it more difficult to determine ownership, a Court can order ownership information be disclosed.
4. May Only Hold Real Property as Assets: Other forms of trusts allow multiple types of assets to be held by the trust.  A Land Trust, however, may ONLY hold real estate as assets.
5. Statutes Vary by State: Only a few States have their own, specific statutes regarding Land Trusts.  Their validity in other States relies on Case Law.  However, in those states that HAVE specific laws, you must ensure you follow them to the tee, or the Land Trust may not be valid.  Again, this is where engaging a skilled attorney is of supreme importance.

Land Trusts: Should I use One?

The choice to use a Land Trust is very individual.  No one can say definitively whether a Land Trust is the investment vehicle for you.  In writing this series, we hope we have equipped you with the tools and information you need to make this decision for yourself.  If you are leaning towards "yes," we suggest you gather your own information and documentation, and you meet with a skilled Land Trust Attorney in your area.  (If you live in the New York-Connecticut area, we'd be happy to meet with you to discuss your individual circumstances.  We offer free consultations for these purposes.)  

Again, we believe in Land Trusts.  We use them ourselves.  And as we branch out into property investments to enhance our own personal portfolio, we have begun using Land Trusts even more.  We want to invest in our own community, and we know that using Land Trusts are our most effective way of doing so.  And we live in a State that is using Land Trusts to revitalize neighborhoods and to provide affordable housing to our local workforce.  We have seen how effective Land Trusts can be, both on an individual and an organizational level.

Whether you already own real property, or there is property you have your eye on, we suggest you identify an attorney to help you now.  Having an attorney you know and trust will ease the process as you begin to accumulate property.  And you will need to interview this attorney to ensure s/he has the skills and knowledge you need.  Pick a few items from this series and use them as the basis for your interview questions.  If your prospective attorney cannot answer them to your satisfaction, move on to a lawyer who can.  

Final Thoughts

Again, we welcome your comments and feedback, whether you have been with us from the start or you are just finding this series now.  You can always find us through our website, hartelawoffice.com. We are also active on Facebook and Twitter.  We are also interested in what you would like to see in upcoming blog posts.  Do you have a burning question in the area of Real Estate Law?  Is there any topic you'd just like to learn a little more about?

Stay tuned for details on our Land Trusts e-book!

Land Trusts: Case Studies

Land Trusts: Case Studies

We’ve been looking at Community and Conservation Land Trusts for the last couple of weeks.Today, we’re going back to the Traditional Land Trust. This week, we're going to look at 5 specific examples of when a Land Trust was particularly helpful.

Case Study #1

Mike owns rental property in a suburb of Chicago.  In January, one of his tenants has visitors during a snowstorm.  One of these visitors, Mr Jones,  falls on his way out, and needs to be rushed to the hospital.  Mike thinks he is covered by his Landlord's Insurance.  However, Mr Jones's medical bills exceed the amount Mike is covered for, and Mr. Jones wants to be paid for his pain and suffering. Mr. Jones claims negligence and files suit against Mike, listing Mike's other rental properties as assets.

Mike learns an expensive lesson, and settles with Mr. Jones.  Mike goes to get an equity loan on his own mansion to pay off the victim and is denied.  Mike checks his credit report and finds his score has gone down significantly because of the personal judgement. He is unable to obtain a loan on his property and must begin liquidating personal assets.

Mike then learns about Land Trusts.  Mike forms an LLC called "Suburban Chicago Rental Apartments, LLC."  Mike places his rental properties into a Land Trust with the LLC as beneficiary.

The next winter, Mike has another slip and fall accident on his property.  Instead of being sued personally, the victim sees the property is held in trust, with an LLC instead of an individual as beneficiary.  The victim hires an "ambulance chaser" to represent him.  The attorney searches for assets, and sees the LLC has little to go after.  He advises his client to settle with the insurance company.  The victim wants to sue Mike personally, citing his lakefront mansion as an asset.  The lawyer informs the victim that Mike's personal property is off limits, as the apartments are held in trust, with the LLC as the beneficiary.  Mike knows his own home and property are safe, and that any judgement will be limited to the assets held by the trust.

Case Study #2

Lisa owns an single family house as an investment property.  She leases the property annually.  Her lease stipulates "No Pets."  Despite this, Peter the Meter Reader gets bitten by a dog on Lisa's property.  Peter hires a lawyer.

Peter's lawyer performs a property search.  He finds the property is owned by "Our House in the Woods" Land Trust.  The lawyer has to file suit against the Trustee, who is out of state.  The Lawyer cannot find someone to depose.  He is unable to easily find out who is the beneficiary of the trust, who in this case, is an LLC in a third state.  He does find out who holds the mortgage: a loan company in a fourth state.

Peter asks his lawyer about using "service by publication" to get a judgement.  The lawyer tells Peter that this case is too involved, and is not worth pursuing on a contingency basis.  He tells Peter he can pay a large retainer, but the costs would most likely outweigh any financial benefits Peter would see.  

Case Study #3

Bob and Linda both live in a very small town, where everyone knows everyone else.  Bob and Linda both make their living as landlords, renting a variety of different types of housing.  Linda, however, uses Land Trusts for her real estate holdings; Bob does not.

Both Bob and Linda have the misfortune of hitting runaway dogs, Bob on the South-side, and Linda in the West End.  Both dog owners want to sue, so they see their small town lawyer, Mr. Lincoln.  Mr. Lincoln starts by running their names.  When Mr. Lincoln enters Bob's name into the database, he gets over 50 matches.  His eyes widen, and he says "I think we have a VERY good case here!"  I'll take your case on a contingency basis.  I think we can BOTH make a little money here.  Conversely, when Mr. Lincoln runs Linda's name, he gets zero results.  Linda's investment properties are all held in a Land Trust.  Mr. Lincoln says "I'm not really seeing any assets we can attach here.  I'm not sure we really have a case."

Case Study #4

Twins Harry and Larry's Aunt passes and leaves each twin a large sum of money. Each decides to use his share for a down-payment on a new house.  Both intend to finance the remainder with a typical mortgage.  Larry decides to go the traditional route, while Harry decides to use a Land Trust for his property.  Harry ensures the Trustee signs all of the financing documents.  Larry decides finance in his own name, and he signs all the loan documents himself.  The documents are recorded, and each brother moves into his own house.

Six months later, Larry calls Harry in a panic.  He needs to borrow some money from Harry, as all his own accounts have been frozen.  Larry confesses he has been the victim of Identity Theft, and because of this, his finances are a mess.  He needs Harry to cover him while he tries to straighten his financial mess out.  A year later, Larry is really lucky, as the police have actually managed to track down the identity thief. It's a disgruntled former lover of the Aunt's, bound for revenge, as he feels Harry and Larry inherited what should be rightfully his. The thief confesses that the twins' new houses angered him so much, he vowed to take them away.

The thief confesses he stole Larry's information from his public record mortgage documents.  Once he had Larry's address and personal information, it was easy to use social engineering to get what else he needed.  Obtaining a financial document with Larry's signature allowed him to practice his forging skills until it was easy to send letters in Larry's name, with a perfectly matching forged signature. He even used this information to file "Change of Address" notifications on several of Larry's existing credit cards. 

The thief confesses he wanted to steal Harry's information as well, but found it much harder to do. Despite knowing Harry's new address, the thief couldn't find Harry's information in the property database.  He could not find mortgage documents in Harry's name, nor easily find anything with his signature.  Because of this, he got frustrated and left Harry alone. When Larry discovers the Land Trust protected Harry from identity theft, he asks his brother to help him develop his own Land Trust.  

Case Study #5

Marie is a single lady who just happens to earn her living as a Landlord.  She owns multiple properties, each held in a Land Trust.  Marie buys a new apartment building, puts it into trust, then makes arrangements to not renew tenant leases so that she can renovate the building.  She appoints her attorney as Trustee.

Arthur is a tenant in Marie's new building.  He has lived there for several years and does not want to move.  Arthur decides to find the owner of the building to express his contempt at the prospect of eviction.  He finds the trustee's name in the courthouse records, stomps down to his office, and demands to speak with the owner of the property.  The lawyer responds "It's owned by a trust."  When the angry tenant demands the owner's name and address, the trustee replies "We are not allowed to give out that information."  When Arthur throws a tantrum, the trustee calls the Police and has him trespassed off the property.

Marie learned the hard way to put her properties into Land Trusts.  When Marie was just starting out, she was set up on a blind date.  She declined a second date with the individual, and the individual started stalking her.  This man looked Marie up in the property database and found she owned 5 rental properties.  Mike began hanging out at the rental properties, harassing her tenants for her personal information, trying to get to Marie through her tenants.  Marie sought the help and advice of a lawyer, originally to perhaps obtain a restraining order.  The lawyer suggested Marie start using Land Trusts, so that future stalkers could not try to terrorize her through her properties.  Today, running Marie's name in the property database returns zero results.  Marie managed to protect herself from harassment simply by the use of a Land Trust.

Summary

This week, we examined five different situations where using a Land Trust was extremely beneficial. These case studies highlighted the privacy and asset protections a Land Trust can endow.  We also saw how the use of a Land Trust can enhance personal security.

Thus far, we have focused on the use of Land Trusts for property investors.  We also discussed how Land Trusts are also being used for conservation, neighborhood enhancement, and affordable housing.  We’ve also looked at specific examples of how all types of Land Trusts are being used.

As always, we invite you to submit comment and feedback.  You may use the comment form below, or contact us on our Social Networks by using the Facebook, Twitter, and G+ links in the sidebar.  We also invite you to reach out to us through our websites, www.hartelawoffice.com or harterealestatelaw.com.   We welcome questions and comments about this series, about Land Trusts, or any other area in which we practice.  We want all of OUR readers, clients, and friends to be Harrys, NOT Larrys!

Part II: The Community Land Trust

Part II: The Community Land Trust
Setting Up a Community Land Trust

Last week, we started learning about Community and Conservation Land Trusts, and how these types of trusts are preserving communities.  This week, we'll talk about how one goes about starting a Community Land Trust.  Future posts will talk about how these types of trusts are being used across the country.

How To Set Up a Community Land Trust

Step One: Determine Your Goals

So you want to start a Community trust.  Why?  What types of goals do you hope to accomplish?  Are you looking to preserve affordable housing?  Preserve open space for recreation?  Do you wish to provide amenities not easily found in the area?  Who are you hoping to serve? Low income individuals?  Middle class? Service workers? First-time homeowners?  Nature lovers?  Boaters?

As with anything, your first step involves delineating your plans.  This will help guide you through the rest of the list of things you need to do.  Remember, these types of trusts always have one thing in common: they serve some sort of public benefit. Beyond that, your trust may have a very narrow focus, or it may have broader goals.

Many community trusts focus on housing.  However, others choose to focus on Day Care, recreation, or building parks and playgrounds.  Waterfront areas may develop trusts for community docks, swim areas, or fishing access.  Some trusts focus on preserving hiking or biking trails.  Historic districts may use trusts to preserve their "character."  Community trusts are not just limited to providing affordable housing.

People less experienced with building trusts may want to begin with a  more narrow focus.  Starting smaller may help lead to greater initial success.  

Step Two: Recruit an Organizing Committee

Most Community Land Trusts are non-profit organizations.  Many communities already have established groups that might be interested in sponsoring the trust. Once you have the goals outlined, the next step is to either find an established group to work with or to form your own, brand-new group.  Whichever option you choose, you'll want a committee to help.

When forming this organizing committee, keep your overall goals in mind, and try to invite people with skills and resources in those areas to join your group.  If you decide to form a new, non-profit, try to invite someone with expertise in this area to join your group.  If you are partnering with an existing group, your steering committee will consist of your people, plus a few from that established group.

In addition to forming the 501(c)3, your steering committee will need to raise the initial funds to get your trust off the ground.  This means you'll need at least one person with fundraising experience.  Funds may come from a variety of sources, including government grants, foundation grants, fundraisers, and good old donations. It is always helpful to have a philanthropist on your initial Board.  Real Estate personnel, builders, developers, and other people familiar with local regulations are also helpful.  If you cannot recruit such individuals for your steering committee, do not give up. Many National Non-profits began as small, grassroots clubs.  As you grow your trust, you can continue to try to recruit people to join your Board.

Step Three: Refine Your Goals and Beneficiaries

Now you have a committee together, it's time to refine your goals further.  Who exactly will the Trust serve?  And in what geographical area(s) will you provide services?  Will there be  income requirements or residency requirements for beneficiaries?  Again, this relates back to the purpose of your trust.  

If you are focusing on housing, you will need to define your terms concretely.  If you are targeting "service workers," exactly who qualifies? Teachers? Fire Fighters? Police? Bus Drivers?  If you are targeting "the middle class," what exactly does that mean in your area?  If you are trying to preserve housing, must a potential beneficiary already live in a certain neighborhood, or will you accept people looking to move there?  If you are providing work force housing, must they be employed within a certain mile radius? And what happens if they lose that job?  Do they lose the housing too?  

If you are focusing on recreation, similar questions apply.  Are you providing trails for anyone, or for just the town residents?  Will someone need a membership card to use a trust-owned dock?  If so, who qualifies for membership?  Are there financial considerations, residential considerations, or both?  

If you decide to partner with an existing group, they may already have criteria for membership.  You may have to adapt your initial goals to be more in line with those of the organization.  Steering committee members may have ideas for funding sources, to which you'll need to bend your initial goals.  

Step 4: Organize and Formalize

You've made a plan, recruited an organizing committee, and refined that plan.  Now it's time to organize.  It's time to elect a Board of Directors, designate staff roles, and start filing the paperwork.

If you are working with an established group, you may not need a separate Board of Directors.  But you will still need to determine positions and roles.  If you will have any paid staff, you will need to write job descriptions and determine the chain of command.  Even with an all-volunteer group, you'll need to delineate roles and responsibilities, as well as who reports to whom.  You may need to break into committees and sub-committees and appoint committee chairs.

You'll also need to decide the structure for beneficiaries.  Will this be a "membership" group?  If so, what are the criteria for membership?  Are there dues to join?  Or will you require "sweat equity." Will they need to apply for membership? Is the membership limited in number, or is it unlimited? Will you have wait lists?

If you are establishing your own non-profit, you'll need to complete your 501(c)3 application.  It's best to do this BEFORE you start fundraising so that donations are tax deductible.  And of course, you'll need to name your trust, as well as figure out where your group will be physically located.  You may need to look for donated space, at first, until you've raised enough money to get your own.  This is also the time to recruit volunteers to help you develop your outreach materials.  Business located in your service area that may benefit from your activities are a good source for donations.  Businesses can donate either goods, like paper for flyers, or actual services, like a designer to help with flyers.

Step Five: Solicit Donations and Funding

Now you have the basics of your trust together, you need some actual land.  And to get land, you will need to raise funds.  Funding can come from a variety of sources. These include Federal and Local Government grants, tax credit programs, corporate donations, individual donations, matching grant programs, private land donations, Foundation grants, sales, galas, and special events.  

Many organizations like to plan a public initial fundraiser in the form of a local event. This can be something as lush as a black tie dinner or something as small as a car wash at the local High School. The purpose here is to market the new organization and to solicit volunteers as much as it is to raise funds.  A public fundraiser markets your group's goals and purposes, and helps the group find both donors and beneficiaries.  It can also help to expand the pool of volunteers.  

Again, soliciting entities in the community that may benefit from the trust's goals is key during this phase.  You must sell your organization at the same time you are raising funds to make it a reality. This is probably the most important phase of starting your trust, as well as the most frustrating.  But it is this phase that will ultimately mean success or failure.  

Step Six: Acquire Assets

Now you have yourself formally established, and you've raised some funds, it's time to start meeting your goals.  A Land Trust must consist of real property.  Now is the time to start acquiring that land.

Of course, the assets you acquire will depend on the goals of your trust.  If you are building playgrounds, you'll need to find some empty lots in a suitable area.  If you are focused on housing, now is the time to acquire land for housing units, and maybe even a few blighted buildings.  If you're developing community gardens, it's time to find spots to put them. Once you've acquired the property, it is time to develop or redevelop that property.

But the real property is not the only asset you need to acquire.  With a Community Land Trust, your beneficiaries are one of your greatest assets.  While you are obtaining land, you need to be recruiting members as well.  And depending on your model. these members may be key in helping you to redevelop that land so that it meets the goals of your trust.

And of course, all the information we reviewed about setting up a Land Trust applies here.  Once your organization acquires the Real Property, the parcels are all put into a Land Trust.  The basic steps for setting up a Land Trust all apply here.

Step Seven: Keep Repeating Steps Three, Five, and Six

A successful Community Land Trust needs to be self-sustaining.  Your group will need to keep fundraising to keep it alive.  And as the Community Land Trust matures, you'll need to keep reassessing your goals, service areas, and beneficiaries.  And hopefully, you will be successful enough to keep building your assets.  Whether that means you start with a quarter acre lot and 4 garden plots, and grow that to 6 acres and 2 dozen plots, or you start with 2 apartments and grow that into an entire building, a successful trust will expand to meet the community's needs.  You may start with a neighborhood and expand to serve an entire city.  

Likewise, you should always be looking to expand your stable of volunteers.  Your volunteer needs may change as you peak and plateau.  Your membership requirements will likewise change.  You may find your trust requires more "sweat equity" from beneficiaries than you initially thought.  

Your group may want to broaden their focus as your trust grows.  Committee and sub-committee needs will change.  Building your trust will be an ongoing cycle of building, recruiting, fundraising, and assessing.  That is just par for the course.

Summary

This week  we reviewed the steps needed to set up a Community Land Trust.  The steps for setting up a Conservation Land Trust are virtually the same, the only difference really is the trust's goals.  A Conservation Trust is really just a specific sort of Community Land Trust.  And a Community Land Trust is a specific type of Land Trust, with the beneficiaries serving some sort of public interest.

Our own offices are located in Stamford Connecticut and White Plains, New York.  Both are cities with a wide range of diversity.  We have the very rich, the very poor, and all income levels in between.    Both areas are Urban-Suburban areas, just a hop, skip, and a jump from more rural-suburban locales.  Our area is ripe for all sorts of Community and Conservation trusts, especially as public recreation areas are being lost to in-fill developments.

We truly believe that Community Land Trusts can improve the quality of life for people across the spectrum in our area.  In fact, it is becoming harder for the middle class here, as there is more housing available at either end of the spectrum than there is in the middle.  We are seeing more trusts being developed every year.  And each and every one is an asset to the area.On the lower end of the scale, people are organizing to try to stay in the area their family has lived for generations.  On the upper end, we see more people taking advantage of the tax benefits participating in community trusts can bring.

We hope you are enjoying this series, thus far.  As always, we welcome your feedback.  Questions can be submitted here or on our website at HarteLawOffice.com Or you may reach us through Facebook, Twitter, or Google+.

Whether you are an investor or a philanthropist, Land Trusts of all kinds can help you reach your goals, and we are here to help.  We can even help you locate properties for any type of Land Trust.  Please contact us today.  We'd love to help you with your Land Trust.

Drawbacks to Land Trusts

Drawbacks to Land Trusts

In previous posts, we've learned all about Land Trusts and how to form them. By now, you may be thinking that Land Trusts are the greatest thing to come along since sliced bread. And Land Trusts offer many benefits. But nothing in this world is all good. Land Trusts have some disadvantages too.

This week, we're going to review some of these drawbacks.  Next week, we'll go back to the positives.  But there are limitations to Land Trusts that are important to consider.

There is no such thing as “100%” Protection for Any Asset

No asset can be completely protected, and of course, this applies to real estate in a trust as well.  Let's face it.  We live in a litigious society where anyone can sue for anything they want.  People often go so far as to hire investigators to uncover hidden assets they can possibly attach for judgments.  While Land Trusts make it more difficult to find the assets, and protect them from being found in a cursory search, a skilled investigator will work to find the beneficiaries of the trust.  

Again, this is why many people choose to put their assets, including real estate, into an LLC. However, if the LLC is sued, real estate  WILL be considered a part of that LLC's assets.  Likewise, if an individual is listed as beneficiary, the properties in a trust can be considered to be amongst that person's assets.  While putting real estate into a trust makes it more difficult to find the beneficiary, Federal Regulations ensure it is not impossible.  This is especially true for assets in a revocable trust, which is why Land Trusts should be formed as irrevocable, whenever practical.

Assets Held in Trust are NOT Exempt from Financial Disclosure Requirements

Oftentimes, an individual is deposed, under oath, during the course of legal actions. You may be deposed as part of a lawsuit or during a legal separation.  You may be asked for a list of ALL assets during the deposition process.  If so, you MUST disclose assets held in trust, Land Trusts included. Failure to disclose your Land Trust assets can be considered perjury.  

Timing Can Be Important

The timing related to developing the trust can matter too.  If you have pending litigation or are contemplating separation from a spouse, it is not a good time to be putting assets into trust.  You must avoid the appearance of impropriety.  Should your spouse file for divorce close to the time the trust is formed, you could be charged with hiding assets.  Similarly, if you form a trust while legal or financial action is pending, you could be accused of fraud for attempting to hide assets. Thus, it is important to plan proactively, and to form the trust before you are in the middle of such issues.

Insurance and Financing Can Be More Difficult

Many insurers, lenders, and mortgage companies are reluctant to get involved with Land Trusts.  It can also be harder to refinance real estate held in a trust.  Some mortgagers will require you to take the real estate out of the trust before they will consider refinancing.  This will require additional fees and paperwork.  Of course, you can always put the property back into trust after refinancing, but again, there will be additional fees and paperwork.  It may also be more difficult, or even impossible to get a traditional equity loan on property held in a Land Trust.

Requirements Can Be Different in Different States

Because few states have their own Land Trust Statutes, mistakes can be made when forming the trust that do not become apparent for years.  Additionally, because trusts are often formed in a different state than where the real estate property is held, multiple state statutes may apply.  This is especially true if the trustee and beneficiary live in different states.  Great care must be taken when forming the trust to avoid such mistakes.  And case law from the applicable states must be carefully considered.  

For example, the State of California requires the Trustee to have specific duties and obligations.  It requires a more active role than the traditional Illinois model usually includes.  The State of Texas requires a trustee to be licensed and bonded for the trust to be considered valid.  

This is where working with a skilled attorney is especially important.  You do not want to go through the work and expense of creating a Land Trust, only for the courts to find it invalid.  (Here at the Law Offices of Heath D. Harte, we carefully research the requirements and precedents set in EVERY STATE involved with the Land Trust to avoid these types of issues. However, not all so-called Real Estate Attorneys have this type of expertise.  If your Land Trust involves multiple States, your choice of attorney is even more crucial.)

It May Impact Homesteading

Many States have Homestead Exemptions for a primary residence to reduce your tax obligations.  If you have such an exemption, it is important to investigate if putting your property into a Land Trust will effect that exemption.  Again, this differs according to locality.  In some states, you are able to put your primary residence into trust and maintain your homestead exemption.  In others, this is not true.  

Again, your lawyer will be able to advise you if this will impact your situation.  But this is an important point to research if you are considering putting your home into a trust.  It is not a concern for real estate investment properties that do not qualify for homesteading.

Likewise, the US Government still has a homesteading program.  Most of us think of “Little House on the Prairie” when it comes to homesteading.  Today's homesteading program usually applies to derelict properties in urban areas.  Many real estate investors look at this homesteading program as an avenue to acquire housing.  Since homesteading requires BOTH residency and renovation to acquire title to the property, homes acquired through this program cannot be put into trust.  

There are Costs and Fees Associated With Land Trusts

There will always be annual costs and fees for any Land Trust.  And these costs apply throughout its life.  Most trustees receive compensation for their services.  In states that require Trustees take a more active role, the fees will be higher.  Of course, we strongly believe that the benefits outweigh the costs.  But there will always be ongoing costs and fees associated with maintaining the trust.  

Summary

This week, we discussed some of the drawbacks of Land Trusts, as well as things to consider before putting real estate property in to a Land Trust.  Although a Land Trust enhances your privacy, ownership can be determined through comprehensive investigation.  A Land Trust can help to protect your assets, but in certain circumstances, these assets can still be attached.  Insurance, financing, and refinancing can be more onerous, and it may involve taking the property out of trust. Putting your primary residence into trust may effect homesteading, in certain states, and state requirements for trusts may be confusing.  Finally, there are ongoing costs involved with running the trust.

However, as we've discussed in previous posts, the benefits outweigh the drawbacks in many cases. We will continue to highlight these benefits in our next post.

We truly believe in the utility of land trusts at The Law Offices of Heath D Harte.  We are real estate property investors ourselves, and we have found our Land Trusts to be helpful in many ways.  If you are considering your own Land Trust, you do not have to wait until this series is over to contact us. We are here to help you with all of your Real Estate Law needs, Land Trusts included.

We invite you to send your questions to us by visiting www.HarteRealEstateLaw.com and using the contact us form.  You may also follow our Land Trust series on Facebook, Twitter, & G+ by selecting the respective icons on the bottom of our web page.  www.HarteRealEstateLaw.com

Setting up a Land Trust, Part 2

Setting Up a Land Trust, Part 2

Our last post detailed the steps you need to take to set up a Land Trust.  As promised, we are continuing this week with some specific examples.

Land Trust Agreement Samples

Now you know what a Land Trust is, as well as what goes into forming one, it's time to see some samples.  Land Trust Agreements are filled with legal boilerplate, as are most legal documents.  However, their contents boil down to what we've discussed already.  Again, we cannot stress the importance of consulting with an attorney when drawing up your own trust.  These samples are not meant to be "do it yourself forms" in any way, but rather, are provided as concrete examples of what goes into a Land Trust.  They are provided for informational purposes only.  They may also be helpful for organizing your information so you will be prepared when you meet with your own lawyer.

ATG Trust Sample Trust Agreement Sample

ATG Trust Trustee Deed Sample

Emarquette Bank Trust Outline Sample

Emarquette Bank Trust Agreement Sample

First Midwest Trust Agreement Sample

Investor Insights Trust Agreement Sample

Sample Trustee Deed

Chicago Land Trust Company Trust Agreement Sample

Again, these samples are being provided for reference purposes only.  They are NOT supposed to represent any type of "Do-it-Yourself" type kit.  We strongly suggest you consult with a skilled attorney when trying to create your own trust documents.  

We have provided a zipped folder with copies of these samples, if you prefer to download them to read.  This file is stored on our Google Drive.  

Summary:

This post was a continuation of last week's post.  Last week, we discussed all of the steps in developing your own Land Trust, including how and when to consult with your lawyer along the way.  This week, we examined some specific Land Trust Samples, to help make this topic a little more concrete for our readers.  These included sample Trust Agreements, as well as sample Deed Agreements.  Most of these samples were full of legal boilerplate type language.  Your attorney will probably have similar boilerplate forms to be used when developing your own trust.  However, these samples can be valuable in helping you organize your information so that you can be prepared during your own consultation with your attorney.  

Next week, we will continue our series on Land Trusts.  Future posts will delve into the pros and cons a little further, as well as discuss some "real life examples" in which Land Trusts are being used.

As always, The Law Offices of Heath D Harte is here to help you with all of your trust-related and real estate legal needs.  Feel free to contact us at any time to discuss your own trust needs.

Happy Holidays from the Law Offices of Heath D Harte!

Happy Holidays to Our Readers!

The Law Offices of Heath D Harte would like to wish everyone a very Happy Holiday Season!  We thank our readers for spending the year with us.  In 2015, we published a variety of articles to help you understand legal issues and your rights. We laughed over the antics of stupid criminals. We gave you tips on how to handle issues.  We talked about Family Law, Father's Rights, Connecticut Laws, and Real Estate Law.

Below, you will find a list of the articles we published in 2015.

This will be our last blog posting in 2015.  We hope you will continue reading our articles in 2016. We look forward to helping you understand legal issues throughout 2016.

We wish you all a Happy Holiday Season and a Healthy Happy New Year!  See you in 2016!

• Shopping for Real Estate During The Holidays
• Real Estate Attorneys

What Is a "Free Consultation" with a Lawyer?

• Non-Adversarial Divorce in Connecticut
• Ignition Interlock Devices Now Required for DUI Of...
• Child Support in Connecticut, Part 1

Silly Connecticut Laws
Preparing Your Appearance For Court
The Top 10 Biggest Mistakes In Injury Claims

• Child Custody: Does it Mean Litigation?
• Mistakes in the Florida "Sex on the Beach" Case In...
• Fighting for Paternal Rights
• Geofeedia: Using Social Media Against You
• Five Considerations in Choosing a Lawyer

Shopping for Real Estate During The Holidays

Shopping for Real Estate During The Holidays

Believe it or not, Shopping for real estate during the Holidays can be a good thing. There is a lot you can learn about a neighborhood during the Holidays.

Many HOAs and condo associations have restrictions on what types of decorations can be hung.  A simple drive through the community can let you see these restrictions for yourself.  And if you like to live in a place that cannot be seen from space during the Holidays, you'll get a good feel for the intensity of lighting allowed.  If the community you are interested in does not have a single light or lawn ornament, chances are the community restricts decorations in some way.  You can also see whether your own holiday decorating traditions would be appropriate for the neighborhood you are considering.

Holiday decorations usually reflect personal style.  In condominiums and Homeowners' Associations, they can reflect the community's style.  Again, a simple Holiday drive through can help you feel out if the community's style is a good match for your own.  If the displays on common areas are “tacky” in your opinion, you may find that the community is not a good match for your personal style. Conversely, if you love the feel of the community during the Holidays, you'll probably love the feeling the rest of the year too.

You can also gauge neighborhood safety during the holidays.  Are the decorations locked to the surrounding environment?  Are there packages sitting on doorsteps, and are those same packages still there when you circle a second time?  Or are there obvious “decoy packages,” left to deter theft of the real ones?  The presence or absence of these things can tell you a lot about how secure these types of items will be throughout the year.

Finally, you can learn a lot about the social aspects of a community during the holidays.  If you are looking for a more social community, be sure to check community bulletin boards and the Club House, if the community has one.  There you will find information about the scope and type of activities planned throughout the Holidays.  (You may also find reminders about what is and is not allowed.)  If the social aspects of community are important to you, these will be much easier to assess if you visit a community during the Holidays.

If you are looking for property, either as a primary residence, a second home, or as an investment, make it a priority to tour the community during the Holiday season, if at all possible.  You'll get a wealth of valuable information not available at any other time.

Here at the Law Offices of Heath D Harte, we wish you all a very Happy Holiday Season.  And if you visit our offices, we hope you will enjoy our simple Holiday style.  We have finished our observation of Hanukkah, and now, we are decking the halls for Christmas and Kwanza.  We wish all of our clients and readers a very Happy Holiday Season and a Happy New Year.

What Is a "Free Consultation" with a Lawyer?

What happens in my Initial Consultation?

Any good attorney offers a free initial consultation.  However, many people don't really understand what this first meeting is all about.

What is the Purpose of an Initial Consultation?

The purpose of an initial consultation is twofold.  First, you are there to meet each other.  You need to figure out if you and the attorney "click," and if you will feel comfortable working with that person. Does his style mesh with yours?  Will you be able to meet at a geographically feasible location?  Can your own schedule work with the attorney's hours?

Second, you need to let your attorney know why you are seeking legal help.  What is your specific legal issue?  Have you been served with papers?   What exactly are you looking for your attorney to do for you?  You need to be as specific as possible with both your needs and your expectations.  Both you and the lawyer need to determine whether this will be a good match.

What Do I Need to do?

You need to come prepared.  Bring any paperwork along with you.  If you have been served with papers, you need to bring those along.  If you are looking to initiate action against someone else, bring all of your notes, photos, and any other supporting information that might be helpful.  The more information you can bring, the better the lawyer can determine if you will be a good match to his/her skills.

Also, bring along a notepad and pen.  You should definitely be taking notes.  Tell the attorney if you have interviewed other lawyers or if this is the first.  If there are things you like or dislike in a lawyer, let him/her know.  Try to be as brief and succinct as possible, as you only have limited time.  This is your chance to ask about things like fee structures and retainers as well.

How Long Will my Consultation Take?

Typically, a free consultation lasts about 30 minutes and not more than an hour.  Most attorneys will cut you off at the end of an hour, which is why it's important for you to be organized and succinct.

Here at the Law Offices of Heath D Harte, we do not limit the duration of your free consultation.  We will not cut you off after an hour.  Rather,  our free consultation time is unlimited, and we give the client all the time that is appropriate to fully understand the client's circumstances and the options available to them.

Can I get Free Legal Advice During my Initial Consultation?

The point of the consultation is NOT to give free legal advice.  In fact, at this point, legal advice is usually inappropriate.  A lawyer should NOT give legal advice until he has reviewed the specifics of your individual case.  No two cases are the same.  The lawyer will discuss generalities, rather than specifics, during this initial consultation.  Again, the point is not to give you legal advice, but rather, to determine whether the attorney is equipped to handle your case, and to begin to establish a relationship.  If the attorney is not, he may refer you to another attorney who may be more suitable for your particular needs.

Does This Consultation Establish a "Legal Relationship?"

The consultation itself does NOT construe a "legal relationship."  The point is to determine whether you would like to start one.  Generally, the "legal relationship" begins when you decide to retain the attorney.  This may happen at the end of the consultation, or it may happen at a later date.

So is What I Say Confidential?

Yes.  Everything you say during this consultation is subject to attorney-client privilege.  Thus, you need to be honest and straightforward with the attorney during this initial meeting.

Does This Meeting Obligate Me to  Use That Attorney?

Not at all.  Think of this consultation as a job interview.  It is an opportunity to assess each other and decide if you want to establish a working relationship.  But just like interviewing for a job does not obligate you to take that job, interviewing a lawyer does not obligate you to hire that lawyer.

Does This Consultation Obligate the Attorney to Take My Case?

No.  Again, this is an opportunity to meet one another and to decide if you can work together.  A good attorney will tell you if s/he does not think s/he is the right person for the job.

How Should I Act?

Treat the consultation as you would any other business meeting.  Encourage a dialog.  Ask questions, and be prepared to answer them.  Do not expect office staff to babysit children.  Children are usually best left at home, even if the case involves them in some way.  Do not bring your lunch.  Do prepare ahead of time.  You only have a limited time; make the most of it.

Do ALL Attorneys Offer a Free Consultation?

Not all attorneys do.  This is an important question to ask when you first reach out to the attorney. At The Law Offices of Heath D Harte,  we DO offer free consultations. We realize the importance of a good attorney-client match.  However, other attorneys may charge for your first meeting.  Usually, if a Free Consultation is offered, it will be listed on the attorney's website.

Summary

In this article, we discussed the purpose of an initial consultation with a lawyer.  We reviewed what you should expect, as well as your role in the process.  If you are located in the Connecticut or New York area, and you would like to meet with us, please give us a call or fill out the contact form on our website.

Here at the Law Offices of Heath D Harte, we are committed to serving our clients.  Thus, we believe in the importance of a free initial consultation.  We want you to be comfortable working with us.  We believe that lawyers should be affordable.  We do not believe in "nickle and diming" our customers.  We handle many cases on a contingency basis, meaning many legal actions can be taken with no out of pocket expenses for the client.  And to us, a free consultation is a very important part of the process.

Child Support in Connecticut, Part 1

Child Support in Connecticut, Part 1 

If you are a single parent, and your child lives with you, you are entitled to collect Child Support, In Connecticut, this applies both to divorced parents and to parents who were never married. It applies to heterosexual couples and same-sex couples. Both parents are legally obligated to support their children.

Child support is not automatic though. In order to receive support, you must apply for it. If you receive public assistance of any kind, you can get free help from The Department of Social Services to apply for support. If you do not receive public assistance, you can still apply through DSS, but the process will not be free. Applying through DSS is also a long process. Because of this, many people prefer to file for Child Support through the Superior Court.

Here at the Law Offices of Heath D Harte, we recommend you file through the courts, rather than through DSS. If you file through DSS, they will be responsible for enforcing the judgment. They have thousands of cases, and yours may not get priority. You will not have any choice regarding who will be assigned to your case. Because of this, the remainder of this article will focus on how to file for Child Support through the court, rather than through DSS. Later articles will discuss enforcement and modifications.

Am I Entitled to Collect Child Support? 

You are entitled to collect support if you are the Custodial Parent, and if you obtain a Child Support Order through the Courts. Basically, if a child lives with you, you are entitled to collect Child Support. If the child does NOT live with you, most likely you are required to PAY Child Support, rather than collect it.

What if some of the children live with me, and some of the children live with the other parent? 

This situation is a little trickier. The answer is “it depends.” Each parent's support obligations will be calculated on a separate worksheet. The lower obligation is subtracted from the higher obligation. The parent with the lower obligation will receive the difference in the sums. 

What if we share custody? 

If you share custody, the Court will look at how the child's expenses are paid. They will also look at the amount of time the child spends with each parent. If you pay the greater share of expenses, you are entitled to Child Support.

What if I receive Public Assistance? 

The other parent is still required to pay, but you will not get the full amount ordered. You will get $50 per month, and the State will keep the rest. Once you are no longer receiving Public Assistance, you will be entitled to the full payment. What if the other parent lives in a different state? You are still entitled to collect Child Support. The Connecticut Courts have mechanisms in place to enforce interstate support agreements.

Is Child Support for Mothers only? 

No, child support is for the custodial parent, be that parent the Father or the Mother. If you are the Father, and the child lives with you, the Mother is obligated to pay support. Likewise, if you are a same-sex couple with children and you separate, the non-custodial parent is obligated to pay support.

How Do I Apply for Child Support? 

You must file with the Superior Court to apply for Child Support. Alternatively, you may file with DSS. We recommend the Court route.

Although you may represent yourself, we strongly recommend you hire an attorney to help you through the process. Your attorney help you gather the needed information and file with the Courts. S/he will help you with the required financial affidavits and Court Worksheets. Your lawyer can also help if there are later issues with collecting, or if you need to modify the order. If you are NOT the custodial parent, we also recommend you hire an attorney so that your obligations are fairly calculated.

How is Support calculated? 

Connecticut follows an “Incomes Shares” model. This means they will look at the child's expenses as if they were living with both parents, and will then divide that cost according to each respective parent's income and assets.

 Connecticut has regulations and standard worksheets they use to figure out the payment obligations. These are called “The Connecticut Child Support and Arrearage Guidelines.” They use the combined income of the mother and the father and the number of children to set the support amount. Because the worksheets are fairly complicated, we suggest you complete them with an attorney's help.

Does the State set the same amount per child in all cases? 

No. There are many deviations to the standard calculations. If a parent pays for insurance for a child, that will be taken into account during calculations. If a child has special needs, generally larger payments are required. The number of other children a parent is supporting is also considered. If a child is receiving social security assistance, payments may be reduced. If one parent has significantly higher assets, they will pay a greater share. Likewise, if a parent has little net income, they may pay a lesser share. Again, an attorney can be really helpful in looking at how your circumstances effect the basic payment worksheets. Your lawyer can help you pay or receive a fair amount.

How long does the parent have to pay? 

The parent will be ordered to pay support until the child is an adult. Generally, this is until the child turns 18 or graduates from High School, whichever is later. However, support generally goes to at least 23 for special needs children. With severely disabled children, lifetime support may be ordered.

In addition, a parent can request an educational support order. If granted, this will require support through post-secondary education. These require payment until the child has finished the educational program or turns 23, whichever comes first. Support can be ordered through a Bachelor's Degree, a training program, or an Associate's Degree, but will not be ordered through a Masters or equivalent. These orders are NOT automatic. We strongly suggest you use an attorney if you are hoping for an Educational Support Order.

Can't the Parents draw up an agreement without the Courts? 

A Child Support Agreement is not enforceable without a Court Order. Respective attorneys can negotiate an order to present to the Courts to ease the process. But an agreement made between two parents is not enforceable. We do NOT recommend “Gentleman’s Agreements” when it comes to Child Support. It is best that all Child Support Agreements go through the Courts.

We're getting divorced; can we handle Child Support in the Divorce Decree? 

If you are getting divorced, we highly recommend negotiating a support order while negotiating your divorce. Since a divorce must go through the Court eventually, the Child Support can be mandated during the divorce proceedings.

Do I have to establish paternity to get support? 

Yes, you must establish paternity in order to get Child Support. However, a good lawyer can get the Court to order paternity testing as part of the child support filings.

Can I file for support for adopted children? 

Yes, you are entitled to support for any child adopted by two parents. This means if a father legally adopts a child conceived outside the marriage, he will be required to support that child when the marriage is dissolved. If an adoptive father has custody of a child, he is entitled to support from the child's mother. Likewise, if a same sex couple has children, and they split up, the non-custodial parent must pay support.

What if I don't know where the Father (or Mother) is? 

You will need to locate the Father before you can petition for support. This is also something your attorney can help you with. You should still petition for support, even if you cannot locate the Father (or Mother.) Both the Courts and your attorney can help try to locate him (or her.)

Can a support order be changed? 

Yes, you can file for modification of a support order. The whys and hows of modifications will be addressed in a future article. (Subscribe to our blog, Twitter Feed, or Facebook Page to be notified when this article is published.)

Can the other parent just refuse to pay? 

No, the other parent cannot refuse to pay. Child Support Enforcement will be discussed in a future article. But if the other parent doesn't pay, contact your attorney. S/he will help enforce the judgment.

I don't want the other parent to know where I live; can I still file for support? 

Yes, you can obtain Child Support and still protect your privacy. In these cases, it is important to let your lawyer know your concerns. S/he can help shield your personal details throughout the process. S/he can also arrange for payments to be made in a way that will not reveal your details.

Can I file for back Child Support? 

You can, but if it's awarded may depend on the other parent's ability to pay back support. It is always best to file as soon as possible after the baby is born, or after you split as a couple. In some cases, the Child Support process can begin before the baby is actually born, and it can include expenses related to the birth. These cases usually require establishing paternity.

Does This Apply to ALL US States? 

No. Child Support laws still vary from state to state. Although many of the generalities apply, this information is specific to Connecticut.

Do I NEED to hire a Lawyer? Or can I represent myself? 

The law does not require that you have an attorney. In the United States, we still have a right to represent ourselves. But just because we CAN, it doesn't mean we should. The worksheets are extremely complicated. Connecticut judges often take individual circumstances into account when determining payments. A good attorney will help you uncover the other parent's true assets and ensure an accurate financial profile is presented to the Court. A lawyer will help you get higher payments. A lawyer will help get payment procedures mandated in the original agreement to help minimize future trips to Court. A good lawyer will negotiate payment plans based on support payouts, and may even be able to recoup your attorney fees. You will have far fewer headaches in the long run if you work with an attorney.

Summary: 

In this article, we reviewed filing for Child Support. We discussed who is entitled to receive support and how to get the support process started. In Connecticut, a parent is required to pay support, regardless of marital status. The next article in this series will discuss modifications and enforcement.

Here at the Law Offices of Heath D Harte, we strongly believe in a parent's obligation to support his or her child. We believe a custodial parent should receive full financial support from the other parent, regardless of that parent's sex. We work hard to uncover the full extent of the other parent's assets so that the child gets the financial support he or she deserves.


If you are now a single parent or you are about to become one, we'd love to help you get the Child Support your child deserves. Contact us today, and we'll get the process started. We can help you receive Child Support in Connecticut or New York. We are adept with interstate and intrastate support cases.

Preparing Your Appearance For Court

Preparing Your Appearance For Court 

Playing To Win In Court In New York And Connecticut 

If you must appear to face criminal or motor vehicle charges in Superior Court or Juvenile Court in New York or Connecticut, the outcome of those court proceedings is very important to you. Your freedom and your future may be at stake. If convicted, you may face fines, jail time, revocation or suspension of your right to operate a motor vehicle, and a criminal or motor vehicle record. A criminal record will make it more difficult for you to be admitted to college, get a student loan, rent an apartment, find a job or enter the military. A serious motor vehicle record may result in the revocation or suspension of your right to operate a motor vehicle and increased motor vehicle insurance rates. Your appearance in court is serious business and you need to appear serious in court if you want to improve your chances for a favorable result.

You Only Have One Chance To Make A Good First Impression 

 The prosecutor, judge and jury, if you are at trial, will get their first impressions of you based on how you look; that is, how they see you dress and how they see you behave. A favorable first impression is invaluable. It influences how the prosecutor, the judge or the jury will like you, whether they will believe you and whether they will want to help you. You will be much better served if they like you, want to believe you and want to help you from the first time they see you. It will be much harder to get what you want if they don't like you and don't want to help you because you made a bad first impression. So, when you get ready for court in the morning:

• Wash up and pay attention to your personal hygiene and clothing. 
• Wear nice, clean, presentable and conservative clothes.

 For men this means a clean shirt with a collar (preferably light blue in color), clean pants without holes (jeans are OK but khakis without cargo pockets are better; pants should be worn at the waist, not below the hips) and clean shoes (sneakers are OK but dress shoes are better). Men don't need to wear ties, sport jackets or suits. For women this means a conservatively modest dress or blouse and skirt or pants (jeans are OK but slacks are better), clean shoes or sandals. Spending a few dollars to improve your wardrobe for court, even at a thrift store, may prove to be a very worthwhile investment in your future, so please consider it seriously.

• No clothing that reveals your midriff or your undergarments. 
• No bling showing! You can wear modest jewelry. 
• No heavy perfume, cologne or make-up. 
• No tattoos showing! If you have tattoos, cover them. When you are driving to court, parking your car, walking into the courthouse, waiting in the courthouse lobby or courtroom, talking to courthouse staff or anyone else in the courthouse: Be polite, respectful and courteous. Try not to offend anybody with loud talk or rambunctious behavior. 
• Turn off your cellphone and put away your MP3 player or iPod. 
• Be careful who you speak to and what you say, as you do not know who may be listening and you can safely assume that no conversation is private. It is important you watch what you say in the restroom, the hallway and in the courtroom itself, as you are under constant scrutiny. 

The Top 10 Biggest Mistakes In Injury Claims

Common Mistakes in Personal Injury Cases?

Not calling the police: 

If you do not call the police, there is no formal investigation of the accident. This applies especially to car accident claims. If the negligent party or driver denies liability later on, you may have a difficult time proving your case. By calling the police, an officer will interview all involved parties and witnesses, record their contact information, and write a ticket to the party at fault in car accident cases. 

Not getting witness contact information: 

Injury victims often fail to obtain the contact information of witnesses at the scene of the accident. If the witnesses choose to stay and speak to police, this is not a problem; however, witnesses often only stop long enough to make sure everyone is okay and then leave before the police arrive. The scene of the accident may be your only opportunity to get the contact information for any witnesses. Without this information, an insurance adjuster may deny liability and refuse to pay anything to you as an unrepresented injury claimant. 

Not fixing the property damage: 

Accepting and cashing a property damage check without first fixing the damages is another common mistake. The amount offered may end up being less than the amount it takes to fix the damage. Additionally, adjusters often send a check for less than the actual cost of the repairs and hope that you will decide not to repair the property. They can then argue that you were not really hurt and pay you little or nothing for your personal injury claim. 

Giving recorded statements without hiring an attorney: 

Allowing an adjuster to take a recorded statement without the protection and guidance of legal representation can result in serious problems. An adjuster can easily misconstrue your answers in a way that makes it appear as though you were not really hurt in the accident, or that you were partly or wholly liable for its cause. An adjustor's job is to save the insurance company money and he or she will do anything he or she can to do so. 

Signing releases: 

Injured accident victims often sign releases for property damage, only to find out that it was actually a general release that settles any and all claims. After signing such a release, a personal injury claim is no longer possible. Do not sign anything without consulting an excellent injury lawyer. 

Trying to negotiate your claim without a lawyer: 

It may not be a requirement to be represented in a personal injury claim, but that does not make it any less necessary. Insurance adjusters often set the reserves (the value of the case) much lower when a victim is not represented. Verbal settlements are enforceable in Connecticut and New York, and self-represented injury claimants often "settle" their claims verbally on accident, without really intending to settle it. Hiring an experienced personal injury lawyer can prevent this. 

Not using Med Pay: 

Med Pay is health insurance coverage for anyone in your car who is hurt in a car accident, or for you if you were hurt while a passenger is someone else's car. This insurance pays for your medical treatment with any doctor without co-pays or deductible. The amount of your coverage depends on how much you purchased in your policy. 

Not using health insurance: 

This is a mistake since many hospitals and doctors require payment soon after medical treatment is provided. If you do not pay it, the bill is often turned over to collections. Using health insurance, you will pay for your treatment as you go. This can greatly increase the total amount you will net out of your personal injury settlement. Good personal injury attorneys can often negotiate away or negotiate huge reductions in any health insurance subrogation claims. 

Not using uninsured motorist coverage: 

Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage protect individuals who are hit by motorists with little to no insurance of their own. Any remaining balance after the liable party's insurance runs out will then be covered by your own insurance. Normally, your rates do not rise when you use UM or UIM coverage. You must have this coverage under your insurance policy, however, in order to obtain coverage for your damages. 

Not getting medical treatment: 

Just because you do not have health insurance does not mean that you shouldn't get medical treatment. If you do not get treated, an insurance adjuster may argue that you were not really injured and deny you coverage. Good personal injury attorneys can get you to doctors who treat on a lien. They can also get you pain management and surgeries using medical funding companies. It is also important to avoid long gaps in treatment, once more to prevent adjusters from claiming that your injuries are nonexistent or less severe than they truly are. 

Other mistakes:

Not consulting with a Lawyer:

One of the biggest mistakes you can make is trying to handle a personal injury claim on your own.  Most likely, your award will be far less than you deserve. This applies in ALL injury cases, including auto accidents, negligence claims, slip and falls, etc.   You may miss an important mistake in the claims process and end up not getting anything at all.  A skilled attorney can ease the process, lessen your stress, and maximize your awards.

Not filing in a timely manner.  

Injury claims have strict statutes of limitations.  You MUST ensure your claim is filed within the 2 year period allotted.  If you do not file EVERYTHING in a timely manner, your claim will be denied.

Consult With A Personal Injury Attorney Near You

A good attorney wants to help you win a full recovery of your personal injury damages. However, any lawyer can more easily fight for you if you do not make these mistakes when the incident occurs. An attorney can still help you, even if you have made some of these mistakes, but it is likely that any award may be smaller.  It is best to be proactive and learn not to make these mistakes before you are injured.

Of course, here at the Law Offices of Heath D. Harte, we have decades of experience.  We will skillfully assist you in avoiding these common mistakes. And we will help mitigate the damages caused if you have made any of these mistakes. We treat each client as part of the family and will support and guide you through each step of your injury claim.  

If you are in the New York or Connecticut area, we can help you with your injury claim.  Contact us now to schedule your free consultation and speak with a lawyer. You only have two years to file a personal injury claim under the statute of limitations, so contact our firm right away!

Fighting for Paternal Rights

Fighting for Paternal Rights

Today, the “traditional family” is becoming a rarity.  Today, the single-parent home, the blended family, and shared custody are at least as prevalent as traditional families.  We also have same-sex couples bearing or adopting children.  In the old days, when a family broke up, primary custody almost always went to the mother.  Today, that is no longer the case. 

Many fathers still assume that if they leave their spouses, that means the end of raising their children. Unmarried fathers assume they have no chance for primary custody.  Thankfully, that is no longer the case.  More and more fathers are fighting for primary, or even sole custody and are winning.

The advances, in part, are due to The Fathers' Rights Movement. Starting in the 70s, groups of men began organizing to end the bias towards placing children with Mom.  Groups began to form, including Families Need Fathers and the Lone Father Association.   (See http://en.wikipedia.org/wiki/Fathers%27_rights_movement.)  The movement continued and expanded with the rise of the Internet.  Now, there are a plethora of groups organizing through social media sites like Twitter, Facebook, and Reddit.   Some of these groups advocate and lobby, while others offer support.  They also help raise awareness of why the mother may not be the best parent for the children.  Similar groups exist that stress the importance of shared parenting. These groups have helped things like paternity leave for fathers to become a reality.

Several celebrities have also helped raise the profile of fathers' rights.  In 2014, the actor Jason Patric was denied visitation and was barred from seeing his baby, conceived through IVF. After initially being denied even visitation, he sued, and won, and was granted full parental rights.  

Also in 2014, skier Bode Williams was casually dating a woman who became pregnant.  She decided to move to New York to go to college.  Bode successfully sued for father's rights, gaining primary custody of his baby.   Halle Berry and Gabriel Aubry dominated the tabloids in 2012, 2013, and 2014, with Halle fighting to deny visitation, and Gabriel fighting, and winning his parental rights.  Aubry successfully kept Berry and her new husband from moving their child out of the country.  This year, NFL Hall of Famer Barry Sanders joined the ranks of those fighting for Fathers' Rights.

Today, there is no reason for a loving father to back down.  You do not have to be a celebrity to successfully gain custody of your child.  All you need is will, determination, and the right lawyer.

Here at the Law Offices of Heath Harte, we believe custody needs to go to the better parent.  In many cases, that is the father.  We also believe that most children can benefit from having a relationship with both parents.  If you are a father, and you are looking at establishing your paternal rights, we can help.

Geofeedia: Using Social Media Against You

Geofeedia:

Using Social Media Against You

Every day, we seem to read about another person busted for their Facebook activity.  Ever wonder how the police find these posts?  There is a new tool in town that many police forces are using monitor social media.  Called Geofeedia, the tool bills itself as a “location based social media platform.” 

Their website boasts “Every day, social media users are posting important content from your locations without using the “right” keywords or hashtags. Unlike traditional social listening tools, Geofeedia runs social media search by location first — rather than by specific words (such as keywords or hashtags). The result? Geofeedia’s data set contains the hidden 70%+ of social data coming from locations, compared to traditional tools that only rely on certain words to create their data sets.”

Geofeedia is actively marketing to local police forces: “Discover, engage, and analyze social media data to prevent crime, track suspects, and investigate evolving situations in real-time”. Their website goes on to say: “GET ACTIONABLE INTEL. See what’s happening in real time and search historical data in critical locations to better understand, react to, and prevent issues.”

The tool allows local police to track ALL social media posts from a given location range.  Geofeedia has recently been raising capital for expansion. They are actively marketing their software to police departments, citing the successful use in California, Florida, New Jersey, Michigan, and Illinois.  They even offer a mobile app to make it easier to monitor people “on the go.”

Geofeedia allows the police to pull up a map and draw a circle on it. The tool then monitors ALL social media posts being made from within that circle.  The tool indexes ALL posts, photos, and videos, regardless of keywords and hash tags.  It allows police to monitor and track activity and/or individuals. They can set up alerts for keywords, users, or subjects.  They can also obtain contact information for the individuals posting.

This means that the Police can draw a circle around ANY local event and then monitor that event for posts or photos that may mention “illegal activity.”  This activity can include such things as “Managed to sneak a flask into this no alcohol allowed event,” or “Should have stopped drinking an hour ago. Now I have to drive home.”  They then can intercept the posters to arrest them for the activity mentioned in their posts.  They can also use Geofeedia to scan for potential witnesses to the activity.  They can contact that witness on the scene, or use Geofeedia's tools to obtain the contact information of that witness at a later time.

The Ocean County Police Department currently uses the tool to actively scan for cyberbullying.  The Manatee County Police Department searches for photos that include “gang signs” or possible illegal weapons.   The Los Angeles County Sheriff’s Office uses it to monitor for possible gang activity and fights.  Of course, these are just the uses the police advertise.  There are many other ways the tool can be used to monitor individuals, groups, and activities.  Big Brother has arrived.

If you are a Facebook, Instagram, Twitter, or Vine user, the police may already be monitoring your posts.  Post that photo of your Marley Blunt, and the police may be ringing your bell before you've even finished smoking it.

And unfortunately for the Social Media User, this evidence is admissible in court.  The Courts have already ruled that social media may be used against an individual without violating his constitutional rights.  There is no legal expectation for privacy on a public platform.

Like with any technology product, when one becomes successful, copy cats begin to arise.  This means we can expect competitors to start cropping up, competitors who may develop more robust tools than the one Geofeedia already has.

In the past, the courts have demanded Social Media passwords once a single admissible post has been discovered.  That means they can subpoena your entire Facebook history from Facebook itself, including posts you have since deleted. 

Do NOT allow your own posts to be used against you.  Be aware that Geofeedia is adding new police departments to its customer roster on a daily basis.  And if you find such a tool being used against you, either as a participant or as a potential witness, be sure to protect yourself by contacting an attorney IMMEDIATELY.