January 21, 2016 on My Private Audio Talkshoe Call
Tonight's call Topic: The RAIN MAN estate, Revocation of Election (as candidates for Trustee), and First Amendment exemption successes based upon the Homestead.
My discussion will also include:
Home. One's own dwelling place; the house in which one lives; especially the house in which one lives with his family; the habitual abode of one's family; a dwelling house. Mann v. Haines, 146 Kan. 988, 73 P .2d 1 066, 1072. That place in which one in fact resides with the intention of residence, or in which he has so resided, and with regard to which he retains residence or to which he intends to return. Place where a person dwells and which is the center of his domestic, social and civil life. Restatement of Conflicts, Second, § 1 2. "Home", within statute permitting deduction for income tax purposes of amounts expended for meals and lodging while away from home, means "tax home", which is person's principal place of business or employment. Egan v. U. S., D.C.Del., 325 F.Supp. 1227, 1230. - Black's Law 5th Edition
Homestead. The dwelling house and the adjoining land where the head of the family dwells; the home farm.
The fixed residence of the head of a family, with the land and buildings surrounding the main house.
Technically, and under the modem homestead laws, an artificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by withdrawing the property
from execution and forced sale, so long as the land is occupied as a home. See Homestead exemption
la ws, infra.
Homestead corporations. Corporations organized for the purpose of acquiring lands in large tracts, paying
off incumbrances thereon, improving and subdividingthem into homestead lots or parcels, and distributing
them among the shareholders, and for the accumulation of a fund for such purposes. Homestead entry. See Entry.
Homestead exemption laws. Laws passed in most of the states allowing a householder or head of a family
to designate a house and land as his homestead, and exempting the same homestead from execution for
his general debts. Property tax exemptions (for all or part of the tax) are also available in some states for
homesteaded property. Statutory requirements to establish a homestead may include a formal declaration
to be recorded.
Homestead right. The personal right to the beneficial, peaceful and uninterrupted use of the home property free from claims of creditors.
Probate homestead. A homestead set apart by the court for the use of a surviving husband or wife and
the minor children out of the common property, or out of the real estate belonging to the deceased. = RAIN MAN