This magnificent
estate holds court within an oasis of stately palm trees, boasting probably what is the largest private pool on all of Saint John.
Not exact matches
To decide the division of marital property owned by divorcing couples, and whether any property
held by one of the parties should be included in the marital
estate, the
Court will consider several factors for the purpose of making an equitable distribution.
The State Archives of North Carolina
holds county records related to bonds,
courts, land, marriage, wills and
estates, and taxes.
She maintained that the Tax
Court should
hold the executor of the
estate of her late mother accountable for any liability of the
estate.
The United States Supreme
Court has
held that pension plans, 401 (k) plans, and other «ERISA - qualified plans» are generally «excluded» from the bankruptcy
estate.
Courts have consistently
held that debtors have an absolute duty to report whatever interest they have in property even if they believe their assets are worthless or are unavailable to the bankruptcy
estate.
The annual Ontario Real
Estate Association Jam with a Past - President fundraiser event was
held at the Arcadian
Court Restaurant during OREA's PAC days.
They pay for the standard
court services that help verify and legally transfer a person's
estate to a chosen heir (and certain assets are exempt, such as property
held as joint tenants or registered accounts with designated beneficiaries).
They allow assets
held in the trust to pass directly to beneficiaries without probate
court proceedings and can also reduce federal
estate taxes.
This concern motivated the Ontario
Court of Appeal in Eliopoulos
Estate (discussed above) to
hold that «impos [ing] a private law duty... would create an unreasonable and undesirable burden... that would interfere with sound decision - making in the realm of public health.»
Generally speaking, where a matter becomes contentious such that there is potential liability for the trustees, the
courts have
held that the trustee should pay their legal expenses personally with later indemnification by the
estate, if appropriate.
The
court found that neither party had any complete success on the appeal, and
held that the beneficiary and the executrix beneficiary should be awarded special costs to be paid out of the
estate.
The Eighth Circuit affirmed the bankruptcy appellate panel's reversal of the bankruptcy
court's order,
holding that the social security payment was excluded from the Chapter 7 bankruptcy
estate pursuant to 42 U.S.C. section 407.
The Ontario government would then
hold the Absentee's share of the
estate usually until either the Absentee applies for the funds, or a further
court order is made.
If there is no one willing or able to
hold the Absentee's share of the
estate in trust, the Committee may request an order allowing payment of those funds to the Accountant for the Superior
Court (colloquially known as payment into co
Court (colloquially known as payment into
courtcourt).
When making an application for an order appointing a Commitee, an
estate trustee may wish to seek further advice from the
court with respect to how long the property should be
held and what should be done if the person still can not be located in the future.
While the Absentee Act and the Declarations of Death Act can be of assistance to
estate trustees, where a person is missing but there is no evidence of death, an
estate trustee may be forced to
hold that person's share in limbo — either indefinitely, or until she can persuade a
court otherwise.
Leeds county
court held last week that an estranged child of the late Stanley Nahajec could claim # 30,000 of her father's # 264,000
estate despite him explicitly disinheriting all three of his children, in Nahajec v Fowle [2017] EW Misc 11 (CC).
Both the application judge and the Divisional
Court (discussed on this blog, respectively, here and here)
held that a life insurance policy taken out pursuant to a separation agreement could be clawed back into the
estate for a dependant support claim by the subsequent spouse.
Another income tax statute in 1894 was overturned in Pollock v. Farmers» Loan & Trust Co. in 1895, where the Supreme
Court held that income taxes on income from property, such as rent income, interest income, and dividend income (however excepting income taxes on income from «occupations and labor» if only for the reason of not having been challenged in the case, «We have considered the act only in respect of the tax on income derived from real
estate, and from invested personal property») were to be treated as direct taxes.
Similarly, in Kinsey v. SPX Canada Inc. 4 the
court held that it was reasonable for the dismissed employee, who had been terminated after 7 years of service, to enroll in a real
estate course after her dismissal.
In Chan v. City Commercial Realty Group Ltd., the
court «pierced the corporate veil» to
hold the principals of a real
estate brokerage personally liable for the debts of their... [more] Full article
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hold scientific or technical degrees; more than 200 seasoned corporate transactional lawyers and business counselors; and lawyers who focus on bankruptcy, environmental, labor and employment, private client, real
estate and tax matters.
Instead, the
court reaffirmed the doctrine of resulting trust, finding that where a party provides funds for another party's purchase of real
estate, there is a presumption that the purchaser
holds the property in trust for the funder (to the extent of his / her contribution).
We therefore
hold the record is insufficient for this
court to make findings of fact as to whether any part of the temporary alimony paid should be offset against Wife's share of the marital
estate.
Real
estate litigation lawyer Kendra L. Berardi chaired the Meet the Land
Court Judicial Forum 2015,
held at the MCLE Conference Center in Boston, Massachusetts, on October 15.
That all sounds good, except that the Fourth District
Court of Appeal recently held that a trial court may require a party, rather than the receivership estate, to pay the receiver's fee, even long after the issuance of the final accounting o
Court of Appeal recently
held that a trial
court may require a party, rather than the receivership estate, to pay the receiver's fee, even long after the issuance of the final accounting o
court may require a party, rather than the receivership
estate, to pay the receiver's fee, even long after the issuance of the final accounting order.
The Roanoke County Circuit
Court held that two Selective UIM policies did not apply to the decedent, Richard Slone, and Slone's
estate appealed.
CIBC and Secure Capital mortgages were invalid instruments Despite finding that CIBC and Secure Capital were innocent of wrongdoing, the
court characterized the instruments registering the mortgages granted to them as invalid.ii In making this finding, Murray J. relied on the Land Titles Act (LTA) iii definition of a fraudulent person as one who ``...
holds oneself out in the instrument to be, but knows that the person is not, the registered owner of the
estate or interest in land affected by the instrument.»
The English
courts therefore retain a discretion to enforce an award even where one of these grounds exists, but this discretion is very narrowly construed (Yukos Oil Company v Dardana Ltd [2002] 2 Lloyd's Rep 326; Dallah Real
Estate & Tourism
Holding Co v Ministry of Religious Affairs (Pakistan)[2009] EWCA Civ 755).
Brandon is licensed to practice law before all
courts in Arkansas and Tennessee and also
holds an Arkansas Real
Estate Brokers» license.
The English
Court of Appeal has
held that (i) statutory claims relating to minority interests in a company (unfair prejudice) are arbitrable, but (ii) arbitrators have no power to order the winding up of a company (see Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 and Salford
Estates (No. 2) Ltd..
Our representation of the noteholders in bankruptcy
court litigation led to a confirmed plan under which our clients received (i) the opportunity to buy Energy Future
Holdings» regulated utility Oncor and convert its parent into a real
estate investment trust (REIT), and (ii) a down - side recovery, along with other unsecured creditors, of US$ 550 million in the event the transaction did not close.
In 2003, the
Court of Appeal in Powell
Estate v. British Columbia (Workers» Compensation Board)
held that the Appeal Division of the Board, which predated WCAT, had the jurisdiction following Chandler to reconsider a case to correct its own jurisdictional error.
(1) A judge may
hold and manage investments, including real
estate, and engage in other remunerative activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the
court on which the judge serves.
And the letter of instruction is not legally binding, so it may not
hold up in
court in the event of an
estate dispute among heirs.
On June 29th, the
Court of Appeal of Manitoba
held that the law has evolved such that reporting letters in real
estate transactions (though often primarily summarizing facts) should be presumptively subject to solicitor - client privilege.
On March 11, 2013 the Association of the Housing
Court Judges, The Furman Center for Real
Estate and Urban Policy at NYU, and the New York City Bar Association
held a conference called «New York City's Housing
Court at 40: Controversies, Challenges and Prospects for its Future».
The judge
held, and the
Court of Appeal agreed, that a presumption of undue influence arose because Goodchild reposed trust and confidence in Bradbury and the transaction — which considerably depleted Goodchild's
estate — was not explicable by the parties» relationship.
The New York
court directed performance of the agreement and
held that the foundation was beneficially entitled to the assets of the
estate.
No possession of a freehold or of any other
estate shall be required as a qualification for
holding a seat in either branch of the general
court, or in the executive council.
When a beneficiary dies before you do, your policy's death benefit gets paid out to her
estate, where it could be
held up in
court or disbursed among relatives you don't know or don't like.
If you both pass away and you named no one else as a beneficiary, the policy benefits are then added to your
estate and
held up during the probate process as a
court decides what to do with the money.
When a couple has retirement benefits, real
estate holdings or business assets, the
court or the parties» attorneys may require appraisals and careful assessment of
holdings.
In the third case, a Massachusetts trial
court ruled in favor of the brokerage in 2013,
holding that the state's real
estate statute allows real
estate salespeople to be classified as independent contractors or as employees controlled.
Held at Scadding
Court Community Centre in Toronto, the event began with a hot breakfast served to local residents, representatives from the organized real
estate community and elected leaders from all three levels of government.
Furthermore, two state supreme
courts issued decisions this year (both discussed below) which
held that real
estate professionals must only disclose adverse conditions known to them and do not owe a duty to inspect a property.
The
court disagreed with Li and
held that the license fell outside the definition of real
estate in REBBA.
The
court held that the license fell outside the definition of real
estate in REBBA.
PITTSBURGH — A seller's real
estate professional can be
held liable for damages by buyers who receive an inaccurate septic certification at settlement, a state appellate
court has ruled.