Ladybird Deeds

September 8, 2011 by · Leave a Comment 

By Adil Daudi, Esq. 

house_deedAvoiding probate is (or should be) a main objective of all estate plans.  By avoiding probate (a systematic distribution of assets, which is beyond our clients’ control) our clients have the power to determine how their assets will be distributed upon their death.  There are many tools available to accomplish this aim; one such tool is the ladybird deed.  It should be noted that ladybird deeds by themselves are insufficient to avoid probate; however, if used in conjunction with other probate avoiding tools, such as trusts and pour-over wills, our clients can successfully avoid probate.

What is a ladybird deed? 

To understand what a ladybird deed is, it is essential to know what a deed is.  A deed is a legal instrument that transfers an interest in real estate.  The most common type of deed is a “fee simple” deed.  A fee simple deed conveys property from Person A to Person B.  Once signed and delivered, Person B immediately becomes the owner of the real estate.  Unlike a fee simple deed, a ladybird deed does not immediately convey the property.  A ladybird deed conveys the property to another person but reserves ownership to the grantor (the person who conveys the property) for so long as the grantor is living.  For example, if Person A executed a ladybird deed to Person B, Person A would still own the property until Person A dies; at which point, Person B becomes the owner of the property. 

In addition to remaining the owner of the property until death, the grantor of a ladybird deed reserves the right to sell, mortgage, or transfer the property during their life.  So if Person A executed a ladybird deed to Person B, Person A could still sell the property or give it to someone else.  Ladybird deeds thus avoid probate by designating the person to whom the property will be distributed upon the grantor’s death.  If a ladybird deed (or other deed) is not in place, the property would be subject to probate. 

Ladybird deeds are not always the appropriate solution to avoid probate.  Choosing the wrong deed or using it at an inappropriate time may have significant negative consequences.  Moreover, there are many tax, Medicaid, and other implications associated with deeds; as such, qualified attorneys create each estate plan on a case-by-case basis based on the specific facts and situations of each client. 

Adil Daudi is an Attorney at Joseph, Kroll & Yagalla, P.C., focusing primarily on Asset Protection for Physicians, Physician Contracts, Estate Planning, Business Litigation, Corporate Formations, and Family Law. He can be contacted for any questions related to this article or other areas of law at adil@josephlaw.net or (517) 381-2663.

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Harun Yahya – Secrets of the Hypocrites

September 10, 2009 by · Leave a Comment 

They Seek to Turn People from the Path of Allah

One of the important responsibilities Allah imposes on a believer is to command what is good and forbid what is evil, and to announce the world the stipulations of the Qur’an’s moral values. It is to warn people to save their eternal lives in the Hereafter by explaining the vital issue of which they are heedless. This responsibility is great, and the work to be done is wide-ranging. For believers, being a vehicle whereby even one person acquires faith is of the greatest importance in obtaining Allah’s approval.

However, the attitude of hypocrites is just about the exact opposite of what it should be. Instead of calling people to the path of Allah, they have undertaken to turn people from it, showing that they act under the inspiration of satan. Instead of being a means whereby people come to faith, the hypocrite’s main objective is, like satan, to turn them aside from that path and attract others to the ranks of the hypocrites:

Among people there is one who argues about Allah without knowledge or guidance or any light-giving book, turning away arrogantly, to misguide people from the way of Allah. He will be disgraced in this world and on the Day of Resurrection We will make him taste the punishment of the burning.

al-Hajj: 8-9

Hypocrites employ a variety of methods. In applying them, however, their main characteristic is cunning. They seek to hinder believers by following a two-faced approach while remaining in their midst. This is doubtless the main reason why they will be made “the lowest of the low” in the Hereafter.

They Bear Tales about Believers to the Deniers

. . . and among you are listeners on behalf of them. . .

At-Tawba: 47

Hypocrites’ greatest desire is to see the society of believers fall apart. For that reason they combine forces with deniers, whom they believe to be very powerful, and embark on a cunning struggle against believers. A unified community of believers represents a severe danger to them. Therefore, they first and foremost seek to eliminate that unity. They aim to wreak as much harm as possible, or rather they strive to do so.

They regard their presence inside a society of believers as an advantage, imagining that while in their midst, they will be able to engage in much covert activity against them, being able to round up news and information. Yet every action they take rebounds as a problem back on their own heads and fails to achieve any aim.

The objective of these people, who initiate co-operation with deniers while still within the community of believers, is to learn the believers’ tactics and then transmit these to the deniers. At this point, however, a factor enters the equation that the hypocrites either do not know or else underestimate. Allah never permits the establishment of any order that works against believers. Over the course of history, all the snares set by hypocrites have collapsed. According to Allah’s promise, this will continue in the future. Everything they do will be condemned to failure.

They Whisper in Secret

Hypocrites engage in secret talk while in the midst of believers, intending to provoke sin, enmity and rebellion:

Don’t you see those who were forbidden to confer together secretly returning to the very thing they were forbidden to do, and conferring together secretly in wrongdoing and enmity and disobedience to the messenger? .

Al-Mujadala: 8

While in the community of the faithful, they establish a secret union amongst themselves and draw up plans against the believers. One example of this was seen in the days of the Prophet Muhammad (s):

As for those who have set up a mosque, causing harm and out of disbelief, to create division between the believers, and in readiness for those who previously made war on Allah and His Messenger, they will swear, “We only desired the best.” But Allah bears witness that they are truly liars.

At-Tawba: 107

The hypocrites of that time secured a separate area from the believers from which to observe from afar the Prophet (saas) and those around him, learn what they were doing and set traps for them. The Qur’an particularly mentions this characteristic of hypocrites. The hypocrites who do so imagine that by keeping something hidden from believers and by drawing up secret plans, they will thus achieve success. The fact is, however, that Allah sees all that they do, as is revealed in this verse: “Don’t they know that Allah knows their secrets and their private talk, and that Allah is the Knower of all unseen things?” (Surat at-Tawba: 78) This behavior stems, of course, from their failure to believe this important secret.

Not only do they adopt an atheistic approach among believers, they also whisper rebellion against the Prophet (saas). But in the Hereafter, when everything they ever did is set out before them, they will realize that what they did was not secret and that it is enough that Allah, the Supporter of the believers, is aware of all plans prepared against them. Hypocrites do not expect Allah to reveal all these activities they seek to conceal from other people, because again, it is human beings whom they fear. In fact, though, all their deeds will be held to account in the Hereafter, and their actions they regarded as secret—which they imagined would never see the light of day—will be laid out, one by one, before them.

They Organize Evil

Believers spend their lives performing religious observances for Allah and undertaking the most serious endeavors on His path. In the light of that objective, they seek to spend every moment of their lives in search of the good; because they know the uncertainty surrounding the time of their deaths.

But hypocrites, as in everything else, behave in a totally contrary way to believers. They seek evil at every moment of their lives. Deliberately planning to slander the innocent or prepare snares for believers, they seek to harm the faithful. All their efforts are directed against believers. The main starting point for their efforts is the resentment they feel towards believers and the verses of Allah. Each warning issued only intensifies the hatred within them and strengthens their desire for revenge, as is revealed in verses:

. . . But then when a warner did come to them, it only increased their aversion, shown by their arrogance in the land and evil plotting. But evil plotting envelops only those who do it. . . .

Fatir: 42-43

This hatred they feel can cause them to do many things. As prophets come to remind them of goodness and beauty and read the verses of Allah, so the rage inside them grows and leads them towards cunning actions. For that reason, they begin to organize and plan evil against believers. They plan to hinder believers’ activities and seek to provoke discord among them. They endeavor to twist a commandment given to believers and to portray disobedience to the prophet as something desirable. They rebel by committing deeds that the prophet says should not be performed, and seek to garner support. Everything they do is aimed at damaging the existing order and weakening the community of the faithful.

According to what the Qur’an teaches us, however, none of these efforts will have any effect. In all periods of history, those who have plotted against Allah’s order have been vanquished. Anyone who is unable to appreciate Allah properly will continue with these endeavors unaware of this great truth. The fact is that, as is revealed in the Qur’an, any scheming will impinge on none but its author.

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