Estate Liquidation – Pros and Cons of Tag Sales and Auctions

Executors faced with liquidating an estate’s personal property will quickly find that it is their most time-consuming administrative task. Executors who don’t perform their duties could be removed from office by the Probate Judge, so it is important that they single-mindedly pursue disposing of the estate’s property so that the bills can be paid and the estate settled.

What you’ll get from this article

Executors have three main liquidation options, and I will discuss the pros and cons of each in this article. Any company chosen to liquidate an estate should be vetted; I will tell you how to do this conscientiously, and I will also propose the best liquidation method. I assume that the twin liquidation goals of the Executor are to achieve the greatest cash benefit to the estate and to leave the house broom-clean so that it can be sold. Of course, there are ways to maximize the cash return for each type of sale, and I’ll tell you what they are.

Investing ten minutes into reading this article could save an Executor many hours of work.

Option 1: Have An Auction On-Site

Benefits of an On-Site Auction:

Auctioneers are very competitive lot. It should be an easy job for an executor to find an auction company willing to take the estate liquidation job, and commissions will be competitive. A strong argument for an on-site estate auction is that when the auction is over, there will be very little clean-up. If you like, the real estate can be auctioned as well, since auctioneers are licensed to auction the real estate and other titled property. In one day, the house, car, boat, RV, and all the household goods could be sold.

Negatives for an On-Site Auction:

Auctions are driven by competitive bidding. Consequently, it is necessary to have a lot of people at your auction. Big crowds require nice weather, plenty of parking, bathrooms, food, and refreshments to keep the people from leaving. Online bidding can be included to boost attendance, but it is the local crowd that builds excitement and drives the prices up. To attract a crowd, the estate must have collectibles and other quality goods. Run-of-the-mill goods that can be purchased at the local thrift store are insufficient to attract a good auction crowd.

Suggestions for an On-Site Auction:

If your estate has many large collectibles, like antique furniture or a piano, an on-site auction may be your best choice. Summer weekends, when the weather is warm and dry, are the best times to hold an on-site estate auction. The auction company you hire should be equipped with sound equipment, canopy tents, display tables, and plenty of help for fast checkout.

Option 2: Auction Gallery Consignment

Pros for Auction Gallery Consignment

If weather is a concern, you may want to consider consigning your items to an Auction Gallery. Consignments at an Auction Gallery are grouped according to the type of item in order to maximize turnout and get the best prices from their collectors. For example, there may be an auction dedicated to art and home decor, or musical instruments, or ceramics.

Cons for Auction Gallery Consignment

There are quite a few reasons for not consigning to an Auction Gallery. For starters, many Auction Galleries will take only the best items from the estate. Ninety percent of an estate is made up of items that are of little interest to the auctioneer, which leaves the Executor to deal with the remaining ninety percent of the estate property. Lastly, when an Auction Gallery spreads the merchandise out over several auctions, it can take months for all the items to sell, delaying the closing of the estate.

Tips for Auction Gallery Consignment

Before you consign to an Auction Gallery, ask the auctioneer how your merchandise will be distributed between auctions; get a guaranteed settlement date. You will also need a plan for disposing of all the remaining estate merchandise.

Option 3: Tag Sale On-Site

Pros for Tag Sale On-Site

Tag sales have several advantages over an on-site auction. For those that are not familiar with tag sales, the sale is held on the premises and in the house. Companies that specialize in tag sales are less common than auction companies. At a tag sale, everything in the house is priced, much like at a yard sale. Shoppers will browse through the house, and choose the items they wish to buy. When buyers arrive at the house, they take a number, and are admitted into the house when their number is called. Tag sales usually start on Friday evening and end Sunday evening, so there is no need to provide food or bathroom facilities. Tag sales can be held rain or shine and in any season

Cons for Tag Sale On-Site

The biggest disadvantage in hiring a tag sale company is that tag sale companies are not held to the same legal standards to which auction companies are held. Auctioneers and Realtors are bound by law to the estate by a fiduciary bond. A fiduciary relationship binds the agent by law to act at all times in the best interest of the estate. Fiduciaries are licensed by the state, must pass tests, be bonded, must hold all funds in an escrow account until distributed, and has to settle the account with the estate within a specific time frame.

Fiduciaries must also keep accurate records and follow certain protocols. Failure of a fiduciary to follow procedures can result in fines or loss of license. Tag sale companies are not held to the same legal standards, although they certainly have a moral obligation to the estate. Tag sale companies can handle the details of the sale and the distribution of the money any way they see fit.

Another problem with tag sales is that typically there is merchandise left over after the sale. Often, there is a LOT of merchandise left over. When a lot of items are left over, the executor then has a clean-out problem, because the house must be left “broom-clean” before a realtor will list the house for sale. Unlike an auction, where prices go up with each bid, tag sale shoppers want to negotiate a lower price for everything, which is not only time consuming but costs the estate money.

Tips for Tag Sale On-Site

When working with a tag sale company, read the contract thoroughly, make sure settlement dealines are included. the operator should have a solid pricing plan, adequate staff, and a solid track record.

What about Internet Sales and Retail consignment?

Internet sales work well for items that can be shipped easily, like small collectibles, books, and artwork. Before you decide to sell these items online, remember that having a nice assortment of collectibles at your auction or tag sale is what will attract the buyers to your event. If you sell all the good collectibles online, you won’t get very good attendance at your sale. Dont even consider a retail consignment; they will take too long to sell your items.

How do I know if I am dealing with a reputable company?

Unfortunately, asking for references doesn’t always work; no one gives a bad reference. The Better Business Bureau lists ratings for some, but not all, companies. With an auction company, most states have an occupational licensing board which can give you the status of an auctioneers license and tell you if they have any complaints on file. Checking up on a tag sale company is a lot harder, because there is no agency keeping track of complaints. One website that is helpful is http://www.ripoffreport.com. When at the site search the name of the company you wish to investigate; also type in the owners name to see what that brings up.

Hire a company with a solid internet presence

These days, it is imperative for a company to have an online network. A company that is well-connected in the online world is likely to be a company that is well-networked in the local area. It’s unlikely that a company with a poor or no website will be able to use the internet to generate sales for your event. Doing a Google search of the company’s name or web address is the best way to to see how well connected they are. Go to Googles search bar (not the address bar at the top of the page, but the search bar in the center of the page) and type in the companys web address starting with www. How many search results are returned that pertain directly to the company you are investigating?. If the company is a national franchise, disregard the results for the general franchise and only count the results where the local company is mentioned. Ranking well with the search engines doesn’t necessarily mean the company will be the best one for your needs, but it is a good indicator of the professionalism of the company. Typically, companies that have lots of returned results do so because other organizations want to associate with experts in their field, so they link to the experts website. A large number of linking companies is like a “vote” for the company being linked to. A company that displays lots of Google results is usually one that is recognized as being expert in their field.

So, what’s the best way to liquidate an estate?

The best type of sale for estate liquidation is to hire a licensed fiduciary to sell the estate property in one day, to the bare walls, any time of year. To achieve this would require an event that is part tag sale and part auction, run by an auctioneer. Since Tag Sale operators are generally not licensed auctioneers and auctioneers usually hate to do tag sales, that’s a tough solution to implement. There are auctioneers that combine these services, however. Finding such a company will give an executor the flexibility of having a sale any time of year, the ability to sell down to the bare walls with nothing left over, and the assurance of dealing with a state licensed and bonded fiduciary.

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The Different Types of Home Insurance HO-1 to HO-8

People that are concerned with their house always try to do the best thing for it. You want to ensure the financial security of it in the event of disasters damages and other occurrences.

It is important that one should have home insurance to protect the expensive investment you have and provide security for any damages might occur to the house.

Here are the different types of home insurance:

  • HO-1 Known as Basic Home Owners Insurance: This covers your dwelling and personal property against damages or losses including fire and lightening, theft, vandalism or malicious mischief and windstorm
  • HO-2 Known as Basic Homeowners Insurance Plus: HO-1 is included in this kind of categories plus other damages such as falling objects, electrical surge damages, 3 categories of water related damages from utilities or appliances, weight of ice snow,
  • HO-3 Known as Extended or Special Homeowners Insurance: 17 stated perils included in this categories of HO-2. This provides extensive coverage of your home like the structure and the content inside your house. This cover large area of your homeowners insurance also known as All Risk Policy.
  • Ho-4 Known as Renter Insurance: This kind of insurance cover the personal property only from the 17 HO-2 perils in which this policy are highly recommended for people renting an apartment which is also called as Renter’s Policy.
  • HO-5 Known as All Risk: which covers building and the personal property and is something similar to HO-3 but it differs in terms which have better protection than HO-3. This cover larger area of damages or losses with wider boundaries that owners and its properties as well is liability that might arise from passer -by or outsider.
  • HO-6 Known as Condominium Owners Insurance Coverage: This is designed for condominium owner’s which covers personal property, building items, etc. and this provides protection for claims made for mishap or damages occur. Fire, thefts and other forms of loss that will occur in the future is included.
  • HO-8 Known as Basic Older Home Coverage: Covers actual cash values or repairs in rebuilding cost and personal property where in this is designed for older house or so called historical house.

These are some of the different types of home insurance that you need to know before you get your coverage. You should know the different types you want to buy to satisfy your needs and the benefits you can get from this types of coverage.

Buying is easy but you need to look at your budget on where your money fall in on what type of insurance you can buy. Shopping is the best way to do before buying. Comparing prices from one insurance company to other is where you can get the cheaper price for your home insurance.

No time to go around to shop? There is an easy alternative way to shop without hassle and you own your time. You can go shopping online through the internet where you can explore the different types of homeowners insurance you need and you can easily compare the prices. Lots of sites to go 24/7 and not only you will learn a lot but it also give you some idea where to go next time you need something and you need to shop for it.

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Basketball Shooting Fundamentals – How to Shoot a Step Back Jump Shot

If you are a slow, un-athletic player you must adopt the step back jumper and add it to your arsenal of weapons. This is the future of basketball. This move is perfect for any player that is not quick enough to get to the cup and can provide a shooter with another way to score the basketball. The move is actually done more effectively against good defense. If the defense plays it correctly and the step back is unavailable the counter to this move will open up something with even more space to get off a shot or drive.

If you do not know what a step back jump shot is, I will explain it briefly. It is when a player uses the bounce to drive towards the hoop then instead of going straight up to shoot a jump shot he/she creates space between him/her and the defender by taking a step to the side then shoots the jumper. You might be asking, “Well, that doesn’t make sense. Why would the player take this extra step and isn’t that traveling?” The reason the player does not just shoot a regular one-dribble pull up is because the defense is there and has beaten the player to the spot. The player was not quick enough or did not use a good enough move to blow by therefore the only way for the player to get a shot off is to create space with this move. This is not traveling at all if done with the proper footwork.

This move is too difficult to explain its execution in just words so I suggest you search through YouTube for a demonstration if you have never seen it done before. When practicing or coaching this move there are certain things you must be persistent about:

– The “step-back” is actually a side-step. Never step back because you will not give yourself a lane to counter.

– Your last dribble before the move should be your hardest, and in the direction that you are stepping, and your body is then chasing the ball and meeting it to go up into your shot.

– Do not use your off arm to push off of the defense. Use your shoulder to make contact.

– Get into the defender with your body. Before you step back make sure you give him a bump so that he can’t contest your shot.

In the next article I post I will talk about the counter to the step back. This will prove to you this is by far the most unstoppable move if a player can master it.

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Understand the Pros and Cons of Saving Money in Piggy Banks

It is always a great idea to put some money away for a rainy day or for a future purchase. But where you put it is a personal choice depending on what your considerations are. Do you have security in mind? Or is it convenience? Whatever they may be, you might have thought of getting a piggy bank in which to store some extra money. It may help you if you understand what using one of these entries. There are obvious advantages as well as disadvantages that come with piggy banks.

Advantages

We all have spare change left over from grocery shopping and other small purchases, and sometimes we just put it all over the house because we do not have a central place to deposit it. A coin bank will enable you to keep track of the small amounts of money that might otherwise simply lie around or get lost. It can also be a great way to actually save toward a small purchase such as something you saw on sale at the shop down the road. Small, regular deposits into the piggy bank will accumulate enough to reach the desired amount. There are some large piggy banks that are convenient for growing a decent saving, so that might be of interest to you.

Most piggy or coin banks by their very design are pleasing to look at. That means that besides using them to put away some money, you can also use them as decorative pieces in the house. The piggy bank may not needlessly come in the design of a pig, but some are modeled after other animals or objects. So you could choose to become a collector of them and make them serve the double duty of storing your money and brightening up your house.

Disadvantages

When you are saving money, it is usually for a particular reason. Therefore, it is in your interest to ensure that it accumulates enough to achieve your goal. For instance, if you are saving to treat yourself to a night out on the weekend, it is possible to get temped during the week to use the money for something else because it is readily available. It requires that you exercise self control and discipline to not raid the piggy bank at will just because it is convenient.

There are really no disadvantages of keeping money in a piggy bank except that you may get tempted to withdraw some amount when you need it. But it is really not such a bad idea to withdraw money when you need it. The piggy banks serve as your instant back-up plan. You have to go to a bank and withdrawal money and that involves time and energy. On the other hand withdrawal from a piggy bank home is very easy.

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What is Meant by Traveling and Its Benefits

Introduction

People go abroad to see new places. This is called traveling. We do not like to remain at one place for a long time. We like to go from one place to another.

Objects of traveling

People do not travel always with the same purpose. Some people travel to gain knowledge. Some of us go to healthy places for a change of air. Some people travel for the sake of pleasure only. Businessmen travel for the sale of business.

Benefits

Traveling has many benefits. It is part of our education. Our education remains incomplete without traveling. We may read of many places in our history. If we can visit these places, the study of history becomes interesting. We can remember many things easily. We read about mountains, lakes, seas, waterfalls, etc. in our geography. How interesting it is, if we can see them with our own eyes. We read about men and things of different parts of the world. By traveling in different parts of the world, we see new people and new things. We can learn much about the manners and customs of those people. We can thus gain much knowledge. Our narrowness of mind disappears. Out eyes are open to new things. We can introduce many good customs and manners in our own country. Many students of our country go to England, Germany, America, Japan and other foreign countries to learn many things. They come back and teach the people of out country. Thus our countrymen can gain knowledge and the condition of our country is improved.

Great men of our country have traveled in foreign countries. People of those countries may have learnt many things about our country through them. It is good for us. Many famous travelers of ancient times visited India. They left valuable accounts of India. By reading those accounts we can learn much about out country at that time.

Many people travel in different places to improve their health. Their health may break down. If they go to a healthy place, they can recover their health. Traveling is also a source of pleasure to us. We see new objects and beautiful natural scenery. This fills out mind with great delight.

Traveling in modern times

In former times, traveling was not an easy thing. It was very difficult and dangerous. So, people did not travel much in those days. They traveled by boat or cart, or on foot. It required much time also. But now-a-days it has become easy to go from one place to another. Now-a-days we travel in steamers and railway trains. We save much time. There is no danger of being robbed on the way. So, at present many people travel in different parts of the country.

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Avoid Surprises When Your Restaurant Equipment Is Appraised

Appraising restaurant equipment often begs the question of which equipment is personal property – and should be valued for the purposes of the appraisal – or real property — as in, part of the real estate. While most folks have never considered whether a walk-in cooler, for example, is equipment or real estate, that’s a question that any restaurant equipment appraisal could discuss at some length. In general, equipment considered personal property includes all the free-standing equipment, such as ranges, warmers, stainless steel workstations, and most dining room furniture.

When restaurant equipment is installed, however, an appraiser must determine if the installed equipment should be considered personal property – which would be valued for the purposes of the appraisal – or real property – which would be considered part of the building and so not be valued as equipment in the appraisal. Installed equipment of this sort generally includes ventilation & fire suppression systems, refrigeration systems, and other attached items, the removal of which may cause damage to the property or create health code violations.

Determining the value of installed equipment depends, as many equipment appraisal questions do, on the appraisal premise of value. When appraising under an in-continued use scenario, for instance, the assumption is that assets will remain in-use at their current location as part of a going concern. In this case, it may be appropriate for the restaurant equipment appraiser to include the installed items and their related installation costs. If, on the other hand, the restaurant appraisal is being done for what could be an in-exchange or liquidation scenario (such as an appraisal for a bank loan collateral), then the assumption would be a piecemeal sale and the installed items would be less likely to be included.

Whatever the reason for a restaurant equipment appraisal — buy/sell, family law, collateral loan — it’s important to have a plan regarding installed equipment. And if the restaurant equipment appraisal is being done in conjunction with a real estate appraisal, as frequently happens, the respective appraisers should talk with each other to ensure that all of the subject assets to be included in the appraisals are being appropriately handled.

Now let’s discuss those 3 areas of installed equipment. And since a picture is worth a thousand words, I’ve included a few photos to illustrate the different types of equipment for which installation costs might or might not be included.

Ventilation Equipment

Typically the cook’s line area of a restaurant will have a ventilation hood, make-up air system, fire suppression system and fire alarm system specially designed for that specific location.

These items are custom designed based upon the overall square feet of the facility and its particular kitchen. The separate items are installed as a complete unit, on-site, and can make up a significant portion of the restaurant’s entire and original cost of initial equipment installation. And, as you might imagine, the cost of these expensive and specific installations is usually impossible to re-capture, especially in a liquidation scenario.

There are two reasons that ventilation and fire suppression equipment lose value: First, once the units have been connected together and attached to the building, they are difficult and costly to remove; compounding that is the fact that since the system was designed as a custom installation for a particular space, these units are unlikely to have any practical use in any other location.

Refrigeration Equipment

Installation issues related to refrigeration equipment are not as clear cut as with ventilation and fire suppression equipment, especially when it comes to walk-in coolers and freezers. Although many restaurant owners have never considered the fact that the walk-in coolers and freezers in their establishments may be part of the real estate and not equipment at all for purposes of their collateral lending appraisal, a fair number of restaurant walk-ins were indeed constructed in place and are considered part of the building.

One important part of the inspection process for any restaurant equipment appraisal, then, is to determine how permanent or removable a particular walk-in is. One great clue as to how removable a walk-in might be is the floor. Is the cooler floor grouted-in tile or poured concrete? It’s probably real estate. Many walk-ins, on the other hand, have raised floors and are obviously designed for easily disassembly and removal.

Other Attached Equipment

The same determination of removability v permanence applies to a variety of restaurant equipment, from dining furniture to shelving. Many items that are attached to the walls or floor (such as banquette seating, counters, or stainless steel shelving) may be claimed by the landlord as being real property. If damage could result from attempts to remove the equipment, the landlord may have a reasonable basis for the claim, not only to protect the real estate, but also to avoid health code violations. Health department inspectors can be very sensitive about holes in any surface where food may get stuck: they want all surfaces to be able to be easily wiped clean. So removing shelving or other restaurant equipment and leaving holes in the surface that the equipment was attached to could create a health code violation for the landlord, who would be responsible for any needed repairs.

Leased Equipment

Leased equipment, of course, is neither personal property nor real estate. The equipment appraiser needs to verify what equipment is leased and therefore not owned by the business owner or landlord. Typically, but not always, this includes dishwashers, soda fountains, coffee & tea service and sometimes POS machines (also known as point-of-sale) and telephone or intercom systems.

Questions on Equipment Installation Values

As usual, making the right call in regards to installation values in restaurant equipment appraisals comes down to good communication between the client and the various appraisers working on the project. The equipment appraiser should know the correct questions to ask and the appraisal client should expect the appraiser to ask them! When you are shopping for a restaurant equipment appraiser — whatever your reason for an equipment appraisal may be — expect an appraiser to ask these basic questions about installation costs. If the appraiser isn’t curious about leased equipment, real property and personal property, it may be a sign to do a little more shopping before choosing an equipment appraiser to value your restaurant equipment.

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Why Donegal Car Insurance Is the Best

The Donegal Insurance Group tracks its beginnings way back to the birth of the Donegal and Conoy Mutual Fire Insurance Company in 1889. It all started in Marietta, Pennsylvania when the area farmers decided to form the company to protect themselves preemptively from losing their properties in fire Accidents and the potential impact that is sure to follow, especially the financial aspect of that impact. As time passed by, they changed its name to the Donegal Mutual Insurance Company. And one of the products it offered to the buying public is the Donegal car insurance.

Bodily injury and property damage liability is the main coverage provided by Donegal car insurance policies. It also includes a vehicle's physical damage coverage. The bodily injury liability accommodates coverage for any legal responsibilities and obligations in the case of accidents that caused any kind of injury to other drivers, their pedestrians and passengers. The property damage liability coverage on the other hand, provides protection for unjust accidents that damages other people's properties. And if ever that accident will invelve any legal costs, especially defense, then it will also be covered as well. There is also a certain type of coverage intended for any uninsured individual, even the underinsured. The uninsured and / or underinsured coverage will protect that customer and his or her immediate family members from the costs of the injury in the event of an accident that was caused by a motorist not insured or those underinsured.

There are also other attractive features included in its auto insurance policies:

  • They offer good student discounts.
  • The Donegal insurance system can account for high chargeable accident thresholds
  • They also offer different programs regarding first accident forgiveness. This means that Donegal Insurance will not raise your insurance rate after the first at-fault accidents.
  • Excellent drivers are entitled extra edge discounts.
  • PACE protector endorsement program.

The car insurance policies offered by Donegal have various options to help you get the best out of your coverage. There's also a collision coverage that handles the repair costs of your vehicle that is damaged by the other party in an accident. Another type, the "other than collision" coverage is offered in particular in cases like fire, theft, vandalism, glass breakage and other known perils.

You also have the option to add coverage for the towing of your disabled car and other labor charges, and a rental reimbursment coverage to handle payment of the rented car cost in the event of a spiritual loss. You can also save on Donegal's insurance coverage if your car possesses passive seatbelt restraints and air bags. It would also be ideal if you have anti-theft devices and anti-lock brakes in your car. You can be qualified for credits with these. There are also other wonderful discounts that you can enjoy if you car pool and if you have undergone a driver's education class. Save additional money as you avail the multi-car discount program. You can qualify if you have more than once insured car. Now you can see why the Donegal car Insurance is the best.

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How to Travel With Books – Advantage and Disadvantage of Travel Books

Is it necessary to purchase a travel book or is it realistic that we can get similar information from other resources? Usually, most individuals have a major question on buying a travel book. So here are the pros and cons of purchasing one such book.

Advantages of a Travel Book

A travel book, which may be a paperback or e-book, comes in handy while traveling. Glancing through a travel book enables you to understand the custom and culture of a particular place in the world. So you can adapt yourself to that particular environment and stay there comfortably for longer periods.

  1. They Come In Handy — The travel guide comes in various forms such as, e-books, paperbacks and the file formats. You can have easy access to these books, which would assist you with all details compatible to the region you are traveling to.
  2. They Provide Enormous Information — Electronic or traditional travel guides provide you with answers to all types of questions such as how to learn some sayings that can be used in the place where you are traveling to? How to get data on where to reside, what to see and where to eat? How to get a clear knowledge about the history of a specific region or the atmosphere that it has?
  3. They Suit To Your Requirements — To access full information about a specific country or a region, both types of general and specific travel books are made available. The e-book may easily fit into your e-book reader whereas the paperback can fit into your backpack.

Disadvantages of Travel Book

  1. The Price — The e-book and paperback travel guides are very expensive compared to the information obtained from travel websites or from those who have moved or traveled to that region.
  2. Qualitative Images In Travel Books — Most travel books are in black and white. Only a few e-books consist of colored photos. Hence make a thorough revision before purchasing a travel guide or an e-book.
  3. Travel Books Make The Trip Less Natural — Traveling can be made more spontaneous by acquiring suggestions from locals than from travel books.

Conclusion

Considering travel books is essential while you are scheduling to travel. At the same time, never fail to revise the pros and cons in order to make the trip, the most memorable one.

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The Truth About Personal Injury Protection – & Some Myths

Trying to get insurance cover can be a real minefield to most people. It is almost always an unbelievably expensive item with respect to the family budget. Unfortunately however, it can be horrendously costly in another way if the cover is not appropriate or does not cover the intended items. Let’s look at the main kinds of cover and attempt to throw a little light on the subject.

The best automobile insurance policies will include the following items: uninsured motorist coverage, personal property liability, collision coverage, bodily injury liability, comprehensive coverage and personal injury protection (PIP). Some of these elements are required by all states whilst others are not required. Collision coverage pays for all damages to a automobile or other vehicle when it is in collision with another automobile or other vehicle or non-vehicular object, even if the insurance holder is at fault. Comprehensive insurance policies protect the insurance holder in the unfortunate situation that their automobile or other vehicle is taken without the owner’s permission, damaged illegally, harmed by an act of nature or damaged otherwise. Both of these kinds of insurance are always optional and are usually very costly.

Bodily injury and personal property insurance are required by all U.S. states in in one way or another. Where the states differ greatly is in the minimum guaranteed payout that is set for each. For example, in Alaska, a driver is required to carry coverage that has a guaranteed minimum bodily injury payout of $100,000. In Florida, a driver is only required to carry coverage worth $10,000.

Many elements of an auto insurance policy that could be optional are cover for the uninsured motorist and personal injury protection. The coverage for the uninsured motorist protects the insurance holder in case he or she has an accident with an uninsured person. It provides the insurance policies that should possibly have been supplied by the other party. PIP, in the event of an accident, pays for the medical expenses and other assorted damages incurred by the insurance holder and their passengers (or if the insurance holder is an injured pedestrian). Carrying personal injury protection is mandatory in: Colorado, Delaware, Florida, Hawaii, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon and Utah.

Even if personal injury protection is not mandatory in your state, you may still want to consider purchasing the insurance policies. PIP, in the event of an accident, will pay around 80% (depending on insurance policies limits) of the costs of the insurance holder and passengers. These costs include medical bills, lost wages and other assorted expenses. personal injury protection is a no-fault policy, so it will cover you and your passengers, even if the reason for claim was your fault.

personal injury protection, sometimes known as Medical Payment Insurance or Medpay, is a no-fault insurance policies for a couple of reasons. Firstly, the fact that blame does not have to be confirmed saves time and therefore allows medical payments to get into the pockets of the injured parties as soon as possible.

Secondly, it saves everybody from the cost of lawsuits being filed so that responsibility can be proved for an accident and therefore who has responsibility for the bills. One time a personal injury protection policy might allow for a lawsuit is when serious injury or death occurs.

Before you purchase personal injury protection, you would be advised to take a look at your current policies and see whether or not the insurance policies offered by personal injury protection is duplicated elsewhere. It could be that the cost of lost wages and medical bills may be recovered through an existing health insurance policy. If this is the case, then you may need minimal personal injury protection or none at all. Your driving habits will also help determine whether or not you need personal injury protection. Do you carry passengers on a regular basis? While your health insurance might cover your own medical expenses, it won’t cover those of your passengers (unless they are members of your family who are on your health plan). Ask your regular passengers about their own health insurance policies and its coverage. If they are inadequately covered or not covered at all, you need personal injury protection in order to keep them covered. This may seem like the thin end of the wedge, especially if you’re the one driving an office car pool, however, the safety of any passenger riding in your car is always going to be your responsibility.

If you reside in a state that requires personal injury protection you will need to know the minimum amount of cover you must have because this has already been decided for you. If you live in a state where personal injury protection is not mandatory however, you might decide that you need the extra insurance policies anyway. How much insurance policies you need depends, mainly, on your age. If you are middle-aged or older, have good health and liability insurance policies, then you will need minimal personal injury protection insurance policies. If, on the other hand, you are young, just starting out and still don’t have much in the way of health and liability insurance, you will want to protect yourself, your family and your future by carrying as much insurance as you can afford. This is especially true if you have a young family or if you constantly carry others in your automobile or other vehicle.

So there we have it, whether you require PIP and at what level, depends on several factors: where you live, your driving habits, your employment, your health, your personal circumstances and your level of existing cover. Whatever your circumstances however, you need to research it carefully so that you can rest easy knowing that you are safely covered.

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Land Trusts in California

In California, general trust law is found in the Probate Code §§15000-19403. There is no specific land trust statute in California, unlike Illinois land trust law, (765 ILCS 405/410/415/420), Massachusetts business trust (MBT) law (M.G.L.c.182, §2), and Virginia land trust law (Va. Code Sec. 55-17.1).

So, land trusts created in California for California property are based on general trust law in the aforesaid California Probate Code. But an out-of-state land trust may be formed that would hold title through the trustee of a California property, to take advantage of more beneficial statute and case law of another state. Indeed, the Virginia Supreme Court in Air Power, Inc v. Thompson, 244 Va. 534, 422 S.E. 2nd 786 (1992), has confirmed that Va. Code Sec. 55-17.1 gives the trustee of a land trust both legal and equitable power of the real property, which protects the privacy of the beneficiaries.

Indeed, since California does not have a specific land trust statute, there is no legislative history nor developed case law on it in this state, only California general trust law and case law. But a general trust law may have some advantages over a specific land trust statute with more requirements. Indeed, Illinois land trust statute (75 ILCS 435) requires that holders of power of direction owe fiduciary duties to holders of beneficial interests. California general trust law does not have a similar requirement.

In any event, the avoidance of probate over a real property in a land trust trumps all difficulties in its creation.

I. California General Trust Law:

A. Creation Of Trust:

California Probate § 15000 states that “(t)his division (Division 9 of the Probate Code) shall be known and may be cited as the Trust Law.” And § 15001(a) states that “(e)xcept as otherwise provided by statute: This division applies to all trusts regardless of whether that were created before, on, or after July 1, 1987.”

Among other methods of creating trust, a trust may be created by: “(b) (a) transfer of property by the owner during the owner’s lifetime to another person as trustee,” under § 15200(b) of the California Probate Code. And “a trust is created only if there is trust property,” under § 15202 thereof.

“A trust may be created for any purpose that is not illegal or against public policy,” under § 15203 thereof. A land trust is not for an illegal purpose, nor is it against public policy in California, although it is not widely used in this state.

And “a trust, other than a charitable trust, is created only if there is a beneficiary,” under § 15205 thereof.

B. Trust Of Real Property And Personal Property:

So as not to violate the Statute of Frauds, which requires a written instrument to be enforceable, §15206 states that “a trust is relation to real property is not valid unless evidenced by one of the following methods: (b) By a written instrument conveying the trust properly signed by the settlor, or by the settlor’s agent if authorized in writing to do so.”

And under § 15207 (a) thereof, “(t)he existence and terms of an oral trust of personal property may be established only by clear and convincing evidence.” Under § 1528 thereof, “consideration is not required to create a trust….”

Lastly, “a trust created pursuant to this chapter (1, part 2, Division 9 of the Probate Code) which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located,” under § 15210 thereof.

II. Mechanics Of A Land Trust:

A. Advantages And Benefits:

(1.) Privacy:

One of the much-heralded advantages of a land trust is that a grant deed-in-trust of a trust property in the name of a different trustee (private or institutional) may be recorded with the County Recorder, but the land trust agreement that states the names of the truster/settlor/investor and the beneficiaries is not recorded.

Thus, the creator/grantor of the land trust: the trustor/settlor who invests in real property can keep his/her/its name, as well as the names of the beneficiaries out of the County Recorder’s and County Assessor’s books, and to a certain extent hide the investment from public view.

But a judgment creditor of a trustor/settlor or of a beneficiary can subject the latter to answer written interrogatories on his/her/its assets, or to debtor’s examination under oath in court to determine assets, and not merely rely on County Recorder and Assessor asset searches.

The land trust agreement may also use a name for the land trust different from the name of the trustor/settlor who created it. This is another asset protection benefit. And if the beneficiary thereof is also the same trustor/settlor, the latter may designate his/her living trust or wholly-owned limited liability company as the beneficiary to hopefully avoid gift tax issues.

(2.) Avoidance Of Probate:

Moreover, just like successor trustees may be designated in the land trust agreement, successor beneficiaries may also be selected to avoid disruptions in distribution of trust assets at termination of the trust, outside of probate proceedings.

A land trust may be created as revocable (terms of the agreement may be changed) or irrevocable (cannot be changed), but the latter requires the filing of separate tax returns and is taxed at a higher rate than the trustor/settlor’s individual tax rate, unless considered a simple trust in which all incomes created are taxed to beneficiaries. For federal income tax implications, if the grantor/trustor is also the beneficiary, the Internal Revenue Service (IRS) classifies it as a grantor trust that has tax consequences that flow directly to the trustor’s Form 1040 and state return.

(B.)Disadvantages And Pitfalls:

(1.) Separtate Agreement For Each Property:

In order to preserve the privacy of the investment or transaction and the asset protection benefits of the land trust, only one real estate property can be listed as held in it. Thus, a different land trust agreement is created for each property. This could be cumbersome, although the same trustor/settlor, trustee, and beneficiary can be named in each agreement.

(a) Simpler Alternatives:

Simpler alternatives are to purchase investment or rental properties through a limited partnership (LP) or a limited liability company (LLC), or transfer such properties to a more flexible living trust that does not require the filing of separate tax returns, or transfer the ownership interests of an LLC (not title of the property) to a living trust.

An LLC may also create a land trust by conveying title of a property to the trustee, and designate itself (LLC) as the beneficiary for privacy of ownership. Sometimes less is more; for indeed, creditors can see through and have recourse against avoidance of execution of judgment on properties through asset protection schemes. And transfers of ownerships of properties may result in tax assessments.

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