Tuesday, June 5, 2012

What Is The benefit Of State Exemptions?

State Farm Insurance Claims - What Is The benefit Of State Exemptions?
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State exemptions are promulgated by the constitution and statutes of each state to allow each resident habitancy of that state to keep certain assets for themselves, notwithstanding that habitancy may have a money judgment against him or her. Each state has its own set of exemptions. Some states are much more generous than others. It is foremost to note that exemptions do not apply to businesses; they only are ready to human beings.

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Texas has probably the best state exemptions over any other state. Some say Florida and Nevada have the best. It all depends on what kind of assets you own and either Texas, Florida, Nevada or your state of home exempts them and how much in value can be exempted. State exemptions are only applicable to you for the state in which you profess your considerable home or legally have your domicile.

Texas exempts two types of real property: (a) one or more cemetery plots: and (b) a homestead. either families or singular adults may claim homesteads. The homestead may be either rural or urban. An urban homestead may be used as a home and business. The size of an urban homestead is the same for families or singular adults: it may consist of up to ten acres on one or more contiguous lots, including any and all improvements on the land. A rural homestead for a family is small to 200 acres and includes any improvements on the land. A rural homestead for a singular someone is small to 100 acres and any improvements on the land. So, you can build the Taj Mahal on your urban homestead of 10 acres or less and feel accumulate in living out your days in peace, so long as you pay your mortgage, taxes (income and property) and those you hire to heighten or add on to your property. The same goes for a rural homestead. If you sell your homestead, the proceeds are exempt for six months. In other words, if you do have a creditor with a judgment against you, you have six months to reinvest in someone else homestead or other exempt property or spend it, or any blend thereof.

Now, lets discuss personal property exemptions in Texas. We have two dissimilar types of exemptions for personal property: (1) an "aggregate" exemption for certain kinds of personal property, small by the combined value of the property; and (2) unlimited exemptions for other kinds of personal property. Families and singular adults may exempt certain kinds of personal property from the claims of creditors as long as the combined fair market value of the property does not exceed: (1) ,000 for a family; or (2) ,000 for a singular adult. The kinds of personal property that may be included in the blend exemption are: (a) home furnishings and family heirlooms; (b) food and staples; (c) farming or ranching vehicles and implements; (d) tools, equipment, books and apparatus, including boats and motor vehicles, used in a trade or profession; (e) clothes; (f) jewelry, as long as it does not exceed 25% of the value of the blend ,000 or ,000 exemption; (g) two firearms; (h) athletic and sporting equipment, including bicycles; (i) a motor vehicle for each member of a family or singular adult who holds a driver's license or does not hold a drivers license but relies on someone else someone to control the vehicle for the unlicensed person; (j) the following animals, including food on hand for their consumption: (A) two horses, mules, or donkeys, including a saddle , blanket and bridle for each one; (B) 12 head of cattle; (C) 60 head of other types of livestock; and (D) 120 fowl; and last, but not least, (k) household pets. There is one more expanding to this list and it is unpaid commissions for personal services as long as the estimate does not exceed 25% of the ,000 or ,000 aggregate.

In expanding to the kinds of personal property that may be exempted under the blend exemption just described, a debtor may also exempt, without regard to value, the following kind of property: (a) current wages for personal services; (b) professionally prescribed condition aids of the debtor or a dependent of the debtor; and (c) alimony, support, or cut off maintenance received or to be received by the debtor for the debtor's keep or a dependent of the debtor. "Current wages" are wages owed to an employee. Once the wages have been paid to the employee, they are not "current wages" for and they are no longer exempt. This means that if you are an employee, your employer cannot be required to hand over your paycheck to your creditor, but if you deposit it in an catalogue or cash it in, it is no longer exempt. Also, if you are a deadbeat dad or mom, your current wages will be branch to the enforcement of court-ordered child keep payments.

But wait, there is more. A debtor is entitled to an unlimited exemption for his rights in resignation plans. The exemption includes the debtor's right to payments under, or the right to assets held in, the following types of plans: (a) stock bonus, pension, profit-sharing plans, and similar plans, including resignation plans for self-employed individuals; (b) annuities purchased with assets distributed from such plans; (c) resignation annuities or accounts described in section 403(B) or 408A of the Internal income Code; (d) personel resignation accounts or annuities, including a simplified laborer pension plan; and (e) government or church plans or contracts that qualify under the laborer resignation income safety Act of 1974.

Finally, an insured or beneficiary of a life insurance procedure or annuity has an unlimited exemption of the procedure value or benefits to be paid from seizure of a judgment creditor, except for a child keep lien.

I don't know about you, but Texas looks like a pretty good place to hang your hat.

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