Charles F Schuetze Attorney

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AKA: Schuetze Charles F
Categories: Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Child Custody Attorneys, Corporation & Partnership Law Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (907) 276-6015

Address: 1029 W 3rd Ave Ste 600, Anchorage, AK 99501

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Charles F Schuetze Attorney

Divorce
Child Support
New Affidavit Requirement. In a related improve-ment, the Alaska Legislature decided to strengthen the Act so as to minimize and hopefully eliminate the use of these provisions for fraudulent transfers. Therefore, the Legislature enacted a provision which states that a settlor who creates a SSDS Trust must sign a sworn affidavit before the settlor transfers assets to the trust. The affidavit must state that: “(1) the settlor has full right, title, and authority to transfer the assets to the trust; (2) the transfer of the assets to the trust will not render the settlor insolvent; (3) the settlor does not intend to defraud a creditor by transferring the assets to the trust; (4) the settlor does not have any pending or threatened court actions against the settlor, except for those court actions identified by the settlor on an attachment to the affidavit; (5) the settlor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit; (6) at the time of the transfer of the assets to the trust, the settlor is not currently in default of a child support obligation by more than thirty (30) days; (7) the settlor does not contemplate filing for relief under the provisions of 11 U.S.C. (Bankruptcy Code); and (8) the assets being transferred to the trust were not derived from unlawful activities.” This new provision should protect both settlors and their professional advisors. This new affidavit requirement applies to all trusts created after October 8, 2003.
Adoption
Guardianship

Business and Corporate Law

Business Formation
We are a unique Alaska law firm. Our practice emphasizes estate planning, estate and trust administration, small business formation, and tax planning for businesses.
Business Transactions
The trust assets are protected from your descendants' creditors. These creditors can include judgment creditors from commercial transactions, professional negligence, or personal injury claims. Further, the assets can be protected from a property division upon divorce. Your Perpetual Trust also provides protection against improper influences that may result from a descendant's inability, immaturity, inexperience, or incapacity to manage assets.
Limited Liability Companies
Creditor Protection. Alaska limited partnerships and limited liability companies perhaps provide the strongest creditor protection of any existing state law. Judicial dissolution of such entities can only occur if it is "impossible" to continue the entity's business activities. In addition, the Alaska 2000 legislature enacted amendments that clarified that a charging order is the sole remedy for creditors of partners and LLC members. To understand this amendment, the following background is necessary. Generally, limited partnership and limited liability company statutes do not expressly permit creditor remedies other than a charging order. This is consistent with the concept that the other partners of a partnership or members of a limited liability company should not have their business or investment activity disrupted by being forced to take in a substitute partner or member (e.g., the judgment creditor). This was the generally understood position taken by the Uniform Limited Partnership Act and many limited liability acts.
Intellectual Property

Easement

Personal Injury
Creditors. Also, assume that at some time in the future you have a bad commercial transaction, or a professional negligence situation, or a personal injury accident, or a divorce after a recent marriage. Without a residence trust, your future creditor will be able to force a sale of your residence, give you the first $67,500 and keep the remainder of the sale proceeds to satisfy the judgment.
Social Security Disability
Suzanne McVicker. Suzanne McVicker was born and raised in Oregon. She moved to Anchorage after graduating from Lewis and Clark Law School in 2003, where, in addition to her J.D., she earned a certificate in Federal Tax Law. While in law school, Suzanne clerked in the corporate counsel department of an investment real estate company and represented low-income taxpayers before the IRS. Prior to law school, Suzanne worked as a legal assistant for a social security disability attorney.

Trusts and Estates

Estate Planning
The firm began in 1977. Our Alaska clients come from all over the state: from Ketchikan in the South, Barrow in the North, Sandpoint in the West, Glennallen in the East, and points in between. We literally cover almost all of the geography in this largest state of the United States. We also provide estate planning services to non-residents of Alaska who are interested in Alaska's new estate planning approaches.
Wills
8. Living Wills and Health Care Proxies. Many people desire to indicate their intention regarding their health care if, in the future, they suffer from a terminal illness.
Trusts
Linda Durr hails originally from Great Britain. She came to Alaska in 1973 and has over 30 years experience as a legal secretary and paralegal in many areas of civil practice. She has worked with our firm as a paralegal since May 1997, focusing primarily on probate, trust administration, and assisting with information-gathering and preparation of federal estate tax returns.
Power of Attorney
This recent Tax Court case (May 29, 2003), illustrates the old maxim that bad facts make bad law. Mr. Strangi was in very poor health, and two months before his death his son-in-law, pursuant to a power of attorney, created a family limited partnership. All of Mr. Strangi's assets were transferred to the partnership, including his residence. The general partner of the partnership was a corporation in which Mr. Strangi owned a forty-seven percent stock interest. The remaining fifty-three percent interest was owned by Mr. Strangi's daughter and grandchildren. The general partner hired the son-in-law to manage both the partnership and the corporation. During the remainder of Mr. Strangi's life and after his death, a number of Mr. Strangi's personal expenses were paid directly from the partnership.
Probate
Casey is on the executive committee of the Estate Planning and Probate Law Section of the Alaska Bar Association, and is also a member of the Elder Law Section and Taxation Law Section. She is also a member of the Anchorage Estate Planning Council, the Anchorage Bar Association, and the Anchorage Association of Women Lawyers. She has participated in the Elizabeth Peratrovich Legal Clinic at the Alaska Federation of Natives Convention.

Bankruptcy
The newly enacted Alaska amendments make it clear that a judgment creditor of an Alaska limited partnership or limited liability company has only the remedy of a charging order. Thus, the creditor will receive all distributions made to the debtor partner or member. But, the right to receive such distributions is the judgment creditor's sole remedy. No other state law remedies are available to the judgment creditor or to a court implementing a creditor's collection request. However, a creditor may have additional remedies under federal bankruptcy law.
Tax Law
Bhree has been with the firm since 2000 and works with clients to find solutions to their particular family, business and tax issues. Estate, business, retirement, education, and gift planning are some of the various areas Bhree explores when developing a plan to fit a client's specific needs. Bhree particularly enjoys planning with business owners to create and implement gift and sale projects that also incorporate business succession.

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