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Texas Exemptions need clarification

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    Texas Exemptions need clarification

    ...I'd like some clarification please... In Texas, (chap 7) there is a personal exemption of $60,000 for personal property (head of household) that is pretty much self explained. ...but there is also a "TOOLS OF TRADE" (property 42.002(a) (4)) exemption which includes books which is outside of the personal property exemption and is a separate exemption unto itself. As there is no dollar amount mentioned in this exemption, is this unlimited and in addition to the personal property exemption? What is a reasonable (typical) total exemption amount if claimed? ....also there is a "Miscellaneous" exemption, and as the TOOLS OF THE TRADE exemption is also a separate exemption unto itself-Now, this "Miscellaneous" exemption is defined as: "Property of business partnership" (6132b-25)...I assume this means & includes a Texas LLC...Is this true and is this exemption also unlimited? What is a reasonable total (typical) exemption amount if claimed? Thanks!

    #2
    What Can I Keep?

    In Texas you have the choice of using either the federal exemption statutes or the Texas exemptions. Under the federal exemptions you can keep:

    * Your home, including co-op or mobile home, to $20,200
    * Life insurance payments for person you depended on, needed for support
    * Life insurance policy with loan value, in accrued dividends or interest to $10,775
    * Unmatured life insurance contract, except credit insurance policy
    * Alimony, child support needed for support
    * Pensions and Retirement Benefits, ERISA - qualified benefits needed for support
    * $525 per item in any household goods up to a total of $10,775
    * Health Aids
    * Jewelry to $1,350
    * Lost earnings payments
    * Your motor vehicle to $3,225
    * Personal injury compensation payments to $20,200, wrongful death payments, crime victims' compensation, public assistance, social security, unemployment compensation, and veterans' benefits
    * Tools of trade up to $20,200
    * Wild Card - $1,075 of any property plus up to $10,125 of any amount of unused homestead exemption

    If you choose the Texas exemptions, you generally can keep:

    * Your home, if not more than 10 acres in town or 100 acres out of town (200 acres for families)
    * $30,000 worth of personal property ($60,000 for head of family), including one two-, three- or four-wheeled vehicle; two horses, mules or donkeys and a saddle, blanket and bridle for each; 12 head of cattle,; 60 head of other livestock; 120 fowl; pets. Athletic and sporting equipment, home furnishing, family heirlooms; food and clothing; jewelry (but not to exceed 25 per cent of total exemptions); tools of your trade
    * Burial plots
    * Health aids
    * Unemployment, disability, veterans', workers' compensation and social security benefits
    * Alimony and child support
    * Retirement plan and life insurance proceeds
    * Business partnership property
    * Farming or ranching vehicles and implements

    Comment


      #3
      Cali: Can you make a list for California. (like you did for Texas)

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        #4
        Texas Exemptions

        .....hmmmm.Thanks, but my question pretty much already listed the partial list of Texas allowed exemptions (that was restated in Full by Cali)....but again, My question was of clarification...Are the separate exemption items, i.e. tools of the trade, partnership property, etc in addition to the $60,000 personal property exemption or inclusive of it? and if in addition, what are reasonable & customary amounts to claim? Please explain the matrix of exemptions...Thanks
        Last edited by crazycat; 05-16-2008, 08:11 PM.

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