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	<title>FinancialDominance.com &#187; Legal issues</title>
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		<title>Secret history of the credit card &#8211; UPDATED</title>
		<link>http://www.financialdominance.com/secret-history-of-the-credit-card-watch-it-online/</link>
		<comments>http://www.financialdominance.com/secret-history-of-the-credit-card-watch-it-online/#comments</comments>
		<pubDate>Fri, 22 Feb 2008 20:58:09 +0000</pubDate>
		<dc:creator>Marcel</dc:creator>
				<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Legal issues]]></category>
		<category><![CDATA[Video]]></category>

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		<description><![CDATA[
UPDATE
I added direct links to the videos below:
Over a Thousand Miles from Wall Street&#8230; How the unlikely state of South Dakota became the place where America&#8217;s credit card industry first began to really take off
A Closer Look at the Industry&#8217;s Best Customers 
The big profits come from the 90 million who don&#8217;t pay off their [...]]]></description>
			<content:encoded><![CDATA[<p><img src='http://www.financialdominance.com/wp-content/uploads/2007/09/broken-dollar.jpg' alt='Broken Dollar' /></p>
<p><strong>UPDATE</strong></p>
<p>I added direct links to the videos below:</p>
<p><strong><a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/1_hi.html?wm">Over a Thousand Miles from Wall Street&#8230;</a></strong><br /> How the unlikely state of South Dakota became the place where America&#8217;s credit card industry first began to really take off</p>
<p><strong><a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/2_hi.html?wm">A Closer Look at the Industry&#8217;s Best Customers</a></strong><br /> <br />
The big profits come from the 90 million who don&#8217;t pay off their credit card debt. The industry&#8217;s success has also been shaped by the genius of financial innovators.</p>
<p><strong><br />
<a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/3_hi.html?wm">Credit Reporting Agencies/Traps in the Fine Print</a></strong><br /> <br />
Why it&#8217;s important to understand your credit score and how it is compiled and also to read your credit card agreement &#8212; hard as it may be to decipher.</p>
<p><strong><a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/4_hi.html?wm">More Complaints Than Any Other Industry</a><br /> <br />
</strong>Consumers&#8217; banking/credit card complaints increase. But the federal Office of the Comptroller of the Currency, which regulates the national banks, has been engaged in what some call a &#8220;turf battle&#8221; with the states&#8217; regulators</p>
<p><strong><a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/5_hi.html?wm">The Efforts To Get Reform</a></strong><br /> <br />
Sen. Chris Dodd has introduced a credit card reform bill that would curb industry practices. But Dodd&#8217;s many previous attempts to reform the industry have all failed.</p>
<p><strong>Memorable Quote: &#8220;The issuer can change the terms and conditions at will . You could be offered a 0% or 5 % interest rate today&#8230; and two months later that interest rate could be 30%&#8221;</strong></p>
<p>In &#8220;Secret History of the Credit Card,&#8221; FRONTLINE® and The New York Times join forces to investigate an industry few Americans fully understand. In this one-hour report, correspondent Lowell Bergman uncovers the techniques used by the industry to earn record profits and get consumers to take on more debt.</p>
<p><a href="http://www.pbs.org/wgbh/pages/frontline/shows/credit/view/">Secret history of the credit card: watch it online</a></p>
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		<title>Should you consider avoiding probate?</title>
		<link>http://www.financialdominance.com/should-you-consider-avoiding-probate/</link>
		<comments>http://www.financialdominance.com/should-you-consider-avoiding-probate/#comments</comments>
		<pubDate>Wed, 02 Jan 2008 16:44:33 +0000</pubDate>
		<dc:creator>Marcel</dc:creator>
				<category><![CDATA[Guest Post]]></category>
		<category><![CDATA[Legal issues]]></category>
		<category><![CDATA[Personal Finance]]></category>

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		<description><![CDATA[Our first article in 2008 is a guest post by Alex T. Roshuk. Want to be a guest writer on Financial Dominance ? Contact Marcel

Probate is the process of having your will accepted by a Probate or
Surrogate Court so that the estate will be administered and all the
claims and distributions on the estate will be [...]]]></description>
			<content:encoded><![CDATA[<p><em>Our first article in 2008 is a guest post by <a href="http://www.alexroshuk.com/">Alex T. Roshuk.</a> Want to be a guest writer on <a href="http://www.financialdominance.com">Financial Dominance</a> ? <a href="http://www.financialdominance.com/contact-me/">Contact Marcel</a></em></p>
<p>
Probate is the process of having your will accepted by a Probate or<br />
Surrogate Court so that the estate will be administered and all the<br />
claims and distributions on the estate will be settled. Without a<br />
Will this process is called the administration of an estate. In the<br />
first case the Will names the Executor or Executors who administer<br />
the property, in the second case the Administrator is set by statute,<br />
agreement of the heirs and the approval of the Court. This article<br />
deals with some of the problems with probate and, to a lesser extent,<br />
administration of estates and some suggestions on how to remove your<br />
assets from your estate to avoid these problems in certain cases.</p>
<p>
The process of probate can be complex, long, and protracted. Needless to<br />
say, it can consume a sizeable percentage of the estate<br />
assets.  While it&#8217;s important to consider drafting and executing a &#8220;<a href="http://www.roshuklaw.com/drafting-wills/">Last<br />
Will and Testament</a>&#8220;, before undertaking such an important step in one&#8217;s<br />
life, one should be made aware of other options that may conserve at<br />
least some of one&#8217;s assets in a more efficient manner.</p>
<p>
Drafting and executing a Will is generally a fairly<br />
straightforward process but you need to make sure that the formalities<br />
in your jurisdiction are adhered to in the strictest manner possible.<br />
Why? Because protracted probate proceedings may occur whenever there is<br />
a deviation from these procedures or when individuals who have something<br />
to gain if a particular Will is not accepted for probate (i.e. the<br />
intestate heirs or distributees who may be receiving substantially less<br />
when a Will is written). Such errors may be used to drag the probate<br />
procedure on causing a lot of grief to your intended heirs and may<br />
result in your assets going to people you did not intend to give them<br />
to. Also remember that a Will is a valuable document like a check, you<br />
should never have old Wills circulating that have not been destroyed and<br />
make sure<br />
that they are properly <a<br />
href="http://alexroshuk.com/2007/12/15/tying-a-will-with-red-tape/">tied<br />
(with a ribbon and seal)</a>. Never allow your lawyer to keep a &#8220;copy&#8221;<br />
of the Will unless this is mentioned in the Will itself and never sign<br />
more than one copy of any signature page when executing a Will (this may<br />
later lead to fraudulent Wills being created that are basically<br />
impossible to detect).</p>
<p>
<strong>Problems with Probate</strong><br />
<br />Probate lawyers may attempt to exacerbate animosity between<br />
distributees and testate heirs<br />
and sometimes the court may appoint &#8220;law guardians&#8221; to protect the<br />
interests of minors or parties under a disability (such as someone who<br />
has been institutionalized or in a coma). Such legal representatives are<br />
usually entitled to compensation from the estate corpus, i.e. your hard<br />
earned money going to pay lawyers you have never even met. Someone who<br />
feels slighted after your death because you have not given them their<br />
&#8220;due share&#8221; of your property may feel it necessary to fight for it in<br />
probate. They may accuse your heirs of over reaching, undue influence,<br />
duress or they<br />
may suggest that you were incapacitated when you planned or executed<br />
your Will or that your lawyer took advantage of you and convinced you to<br />
sign a Will that would benefit beneficiaries who were friendly with the<br />
lawyer. The originality of jilted heirs is boundless and some<br />
unscrupulous probate lawyers may<br />
take advantage of the situation as a means to secure their sizable fees.</p>
<p>
<br /><strong>What you can do</strong><br />
<br />It may be possible to take some or even all of your assets out of<br />
your estate. The main vehicles for such an estate plan including holding<br />
property in &#8220;joint tenancy with right of survivorship&#8221; (JTRS) or making<br />
bonds, stocks or bank accounts POD (payable on death) to a beneficiary.<br />
JTRS means that<br />
the property is automatically transferred at the time of death of one of<br />
the &#8220;joint tenants&#8221; to the other remaining owners of the real property.<br />
Naming a beneficiary is also the common procedure with life insurance<br />
proceeds, retirement accounts and annuities. One only needs to make sure<br />
that the financial institution has listed a beneficiary or beneficiaries<br />
(it is also possible to name contingent beneficiaries this way). These<br />
funds will then be available to the beneficiaries as soon as a certified<br />
death certificate can be produced and delivered to the financial<br />
institution along with whatever other proof the institution needs in<br />
order to release the funds; such accounts do not enter into the estate<br />
of the decedent but pass directly at the time of death.</p>
<p>
Unfortunately this is the way our legal system has been created and the<br />
rationale for Surrogate or Probate Court is that the court &#8220;system&#8221; is<br />
there to protect the interests of the departed. However unscrupulous<br />
individuals may attempt to use your death as an opportunity to benefit<br />
thereby and thus deprive you of your true intention to past your assets<br />
onto those whom have designated in a Last Will and Testament. Before<br />
deciding to put all your assets into a Will make sure you have<br />
considered all the options and spoken to an estate planner who has your<br />
– and your chosen heirs –  best interests at heart. Remember there may<br />
be valid tax or liability reasons to place some of your property in an<br />
estate, but using the vehicles mentioned here may make it easier for<br />
your intended heirs to get some of your hard earned assets quickly and<br />
with a minimum of legal costs at a time when they will certainly need<br />
help.</p>
<p>
By <a href="http://www.alexroshuk.com/">Alex T. Roshuk</a>, Esq. (Remember, legal information is not legal<br />
advice, please seek legal representation before making any important<br />
decisions about your estate needs).</p>
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