Thursday, June 26, 2008
The Known Advantages of A Living Trust
A living trust is an arrangement by which you as the grantor place property in trust and name yourself or some other person as Trustee or Co-Trustee, but reserve the right to revoke the trust so that the property can be returned to you. Generally, the trust agreement provides that upon your death the property will go to the named beneficiaries. Why set up A Living Trust? The Advantages of the living trust include the following: 1. Provides for Property Management or disbursement; 2. Avoid all legal fees and Expenses Associated with probate; 3. Automatically avoids all probate of the property; 4. Assures uninterrupted income and Access To Principal for family beneficiaries; 5. Eliminates time delays in settling the estate - the successor trustee Immediately Distribute the funds as indicated in the can revocable living trust agreement; 6. Maintains privacy - nothing is printed in the newspaper as is the case When a Person Dies either in testate (no will) or with only a last will; 7. Avoid the emotional trauma, aggravation and frustration of a complicated probate court procedure; 8. Protects up to $1,500,000 from federal estate taxes for a single person and up to $3,000,000 for a married couple. This rule works for US citizens only! And, what about the children? How mature and ready will they be to inherit my estate? It’s true that age 18 is the legal minimum age for inheriting an estate, but is your 18-year old wise enough to manage substantial wealth? Maybe he should receive assets in stages (say, one-third at age 25, another third at age 30, and the remainder at age 35)? Shall he receive a big allowance, or should he be encouraged to get a job? A great advantage of the living trust is that you can decide and control how to distribute your estate to your children.
Wednesday, June 25, 2008
The Intricacies of Personal Injury Cases
The laws on personal injury are truly comprehensive and complicated. Many lawyers might be focusing on personal injury cases but you have to find the one who really specializes on the claim that is similar to yours. Compared to any other fields of employment, there are also specializations in the legal genre. It is therefore important for you to identify first the type of personal injury that you have experienced and suffered before getting the services of a personal injury lawyer.
When you’ve been a victim of personal injury at work or in the street, you can be entitled to large amounts of compensation. For you to be able to win your personal injury case and get the compensation that you deserve, you’ll certainly need the assistance of reputable personal injury lawyers. However, choosing one is definitely critical and you’ll surely wonder if how you can best eliminate all the confusion and ambiguity in hiring an attorney. When we speak of personal injury claims, settlements can range from hundreds to thousands of dollars.
Legal matching services can help you locate the right personal injury lawyer for your personal injury case. With it, you don’t have to worry much about the legal process and just expect for good things to come your way through these competent lawyers. You will always want to get the highest possible claims so you need a competent legal counsel for this. Take note that the payment of these claims depends not only on the facts of the lawsuit but the lawyer’s capacity as well.
Say, you have been involved in an accident of a bus line in a certain state. Remember that there are complexities of city liability and state law that your lawyer need to know before taking on your case. When involved on a medical malpractice case, on the other hand, you have to consider an attorney who has previous experiences in taking on doctors and their lawyers. Why is this important? Well, you have to know if the lawyer is knowledgeable enough to help you gain full advantage of the laws on personal injury.
Based from reliable sources, many people who have been injured in accidents and personal injury cases don’t really know that they can be compensated for their injuries, pain and suffering. They only get to realize this with the help of proper legal help. With legal assistance, their innocence will just make them face medical expenses on their own shoulders. See, this is how important these personal injury lawyers are.
When you’ve been a victim of personal injury at work or in the street, you can be entitled to large amounts of compensation. For you to be able to win your personal injury case and get the compensation that you deserve, you’ll certainly need the assistance of reputable personal injury lawyers. However, choosing one is definitely critical and you’ll surely wonder if how you can best eliminate all the confusion and ambiguity in hiring an attorney. When we speak of personal injury claims, settlements can range from hundreds to thousands of dollars.
Legal matching services can help you locate the right personal injury lawyer for your personal injury case. With it, you don’t have to worry much about the legal process and just expect for good things to come your way through these competent lawyers. You will always want to get the highest possible claims so you need a competent legal counsel for this. Take note that the payment of these claims depends not only on the facts of the lawsuit but the lawyer’s capacity as well.
Say, you have been involved in an accident of a bus line in a certain state. Remember that there are complexities of city liability and state law that your lawyer need to know before taking on your case. When involved on a medical malpractice case, on the other hand, you have to consider an attorney who has previous experiences in taking on doctors and their lawyers. Why is this important? Well, you have to know if the lawyer is knowledgeable enough to help you gain full advantage of the laws on personal injury.
Based from reliable sources, many people who have been injured in accidents and personal injury cases don’t really know that they can be compensated for their injuries, pain and suffering. They only get to realize this with the help of proper legal help. With legal assistance, their innocence will just make them face medical expenses on their own shoulders. See, this is how important these personal injury lawyers are.
Tuesday, June 24, 2008
The Initial Step: Seek Legal Advice
Seeking for legal advice is the first step that one must take if he’s been involved in personal injury cases such as car accident, auto accident, slip fall injury, and many others. This has been also the case when you have questions on any fields of the law. You have to remember that there are certainly lots of resources for legal advice and there are also lots of lawyers or attorneys that are always ready to assist you by providing such guidance. But no matter what you’re concern is, you also need to know everything about the rules of law and how it’ll affect your case.
Finding a reputable and experienced legal specialist is a great way to get accurate advice and information regarding your legal concerns. In choosing one, you have to keep in mind that every attorney has his own skills and a distinct professional background. Therefore, you have to examine rightfully every lawyer that you come across before actually getting his services. This is important because he will not only give you legal advice or represent you in court but he will also do a comprehensive research on your lawsuit.
If you have been involved in a personal injury case where you think that you are the one who’s at fault or unsure if where the fault lies, your legal specialist can help you track if who’s the guilty party. This can only happen after he has thoroughly evaluated the evidences or information that you have prepared or presented to him. With this, seeking legal advice is really important especially if you’ll get to know a trustworthy attorney.
There are various ways on how to find the best lawyer that can provide the best legal advice, too. The most efficient way is through the Internet. It has been a good source for those people who seek legal advice. With the vast information that the Internet can offer you, you’ll definitely be amazed by it. There are lots of articles and personal disclosures regarding delicate court procedures that can give you an overview of what might also happen to your own lawsuit.
When you’re finally set to acquire your personal attorney, you can still utilize the web by using online referral services. There exist lawyer locators too that can search vast databases of lawyer information to match your lawyer requirements. Hopefully, you’ll find the best attorney who can give you proper advice. Remember that there are still various resources online that provide necessary information about the basics of any types of cases which can then serve as legal advice to individuals who are being bothered by legal matters and concerns.
Finding a reputable and experienced legal specialist is a great way to get accurate advice and information regarding your legal concerns. In choosing one, you have to keep in mind that every attorney has his own skills and a distinct professional background. Therefore, you have to examine rightfully every lawyer that you come across before actually getting his services. This is important because he will not only give you legal advice or represent you in court but he will also do a comprehensive research on your lawsuit.
If you have been involved in a personal injury case where you think that you are the one who’s at fault or unsure if where the fault lies, your legal specialist can help you track if who’s the guilty party. This can only happen after he has thoroughly evaluated the evidences or information that you have prepared or presented to him. With this, seeking legal advice is really important especially if you’ll get to know a trustworthy attorney.
There are various ways on how to find the best lawyer that can provide the best legal advice, too. The most efficient way is through the Internet. It has been a good source for those people who seek legal advice. With the vast information that the Internet can offer you, you’ll definitely be amazed by it. There are lots of articles and personal disclosures regarding delicate court procedures that can give you an overview of what might also happen to your own lawsuit.
When you’re finally set to acquire your personal attorney, you can still utilize the web by using online referral services. There exist lawyer locators too that can search vast databases of lawyer information to match your lawyer requirements. Hopefully, you’ll find the best attorney who can give you proper advice. Remember that there are still various resources online that provide necessary information about the basics of any types of cases which can then serve as legal advice to individuals who are being bothered by legal matters and concerns.
Monday, June 23, 2008
The Ideal Auto Accident Lawyers
After an auto accident, putting the pieces of your life back together is possible. Financial relief is obtainable, too. You just need to make sure you have the right one to make it happen for you. Now, the big question is – What must the seriously injured auto accident victim look for in a lawyer? Below are some important issues to think about when choosing the ideal auto accident lawyers to fight for you.
Knowledge and experience are the central qualities of any good auto accident lawyer. First, you must know your potential auto accident lawyer’s legal ability rating and general ethical standards rating that he has obtained for all of the past year/s of his career. These lawyers must have served as prosecuting counsel in litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts.
In addition, knowing if the auto accident lawyers have obtained positive recognition in and outside the legal profession is also important. Also, an auto accident lawyer must have been recognized by his peers as established, superior trial lawyers. He must also verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved. A lawyer's appellate success matters because it is a good measure of the attorney's vitally important general ability to argue and persuade on legal issues, and this is important for any auto accident case.
Finally, any good auto accident lawyer must see the logic of your wanting to assure that you will be properly represented in your auto accident case. He must also be willing and happy to answer any questions you may have about his legal qualifications.
The auto accident lawyers’ excellent legal ability and general ethical standard ratings, the recognition from their peers, their local and national reputation, their trial successes, and their appellate successes are all matters that you must inquire about in selecting the right auto accident lawyers for your serious injury case.
After all, choosing a lawyer is the most significant step of becoming involved in the legal process. Most people become very faithful to one lawyer with whom they have had success with in the past – and past success is a very good criterion in choosing a lawyer. But, if you are new to the legal arena, and are faced with the critical task of choosing a lawyer for the first time, it can’t hurt to look for some qualities that everybody looks for in a lawyer.
Knowledge and experience are the central qualities of any good auto accident lawyer. First, you must know your potential auto accident lawyer’s legal ability rating and general ethical standards rating that he has obtained for all of the past year/s of his career. These lawyers must have served as prosecuting counsel in litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts.
In addition, knowing if the auto accident lawyers have obtained positive recognition in and outside the legal profession is also important. Also, an auto accident lawyer must have been recognized by his peers as established, superior trial lawyers. He must also verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved. A lawyer's appellate success matters because it is a good measure of the attorney's vitally important general ability to argue and persuade on legal issues, and this is important for any auto accident case.
Finally, any good auto accident lawyer must see the logic of your wanting to assure that you will be properly represented in your auto accident case. He must also be willing and happy to answer any questions you may have about his legal qualifications.
The auto accident lawyers’ excellent legal ability and general ethical standard ratings, the recognition from their peers, their local and national reputation, their trial successes, and their appellate successes are all matters that you must inquire about in selecting the right auto accident lawyers for your serious injury case.
After all, choosing a lawyer is the most significant step of becoming involved in the legal process. Most people become very faithful to one lawyer with whom they have had success with in the past – and past success is a very good criterion in choosing a lawyer. But, if you are new to the legal arena, and are faced with the critical task of choosing a lawyer for the first time, it can’t hurt to look for some qualities that everybody looks for in a lawyer.
Sunday, June 22, 2008
The Abortion Debate
One of today’s most controversial topics, the abortion debate pits the rights of a mother against the rights of a fetus. The most common, clear-cut stances on the issue are “pro-choice” and “pro-life,” which hinge on legal and moral considerations. Another common viewpoint is a more blended pragmatist view, which states that abortion should be prohibited except for specific cases.
"Pro-choice" advocates stress a woman's right to choose whether and when to terminate her pregnancy. In their view, a woman should have absolute control over her own body and, by extension, over the survival of the fetus within her. The "pro-life" camp argues that life begins at conception and any termination of pregnancy after the formation of the embryo is equivalent to murder.
One may deem abortion immoral, but does that necessarily mean it should be illegal? As with many moral debates, there is an underlying and perhaps more significant legal debate raging, especially in the United States. Roe v. Wade was a landmark 1973 Supreme Court ruling that is still relevant today. The Court voted 7-2 to overturn all state laws banning abortion. The Justices concluded that such laws violate a woman's constitutional right to privacy. Since then, the moral debate has taken on political significance.
Alternatively, if abortion is morally permissible, does that mean it should be legal in all cases? In response to this question, there exist other viewpoints in addition to the clear cut “pro choice” and “pro life” positions. Indeed, proponents of each argument vary by degree.
For example, some pro-choice advocates believe abortion is no longer morally permissible after the second trimester. Similarly, some pro-lifers allow abortion in extreme cases, such as rape or incest. Roughly two percent of pregnancies occur under these conditions.
The abortion debate lends itself to a larger, overriding question: when must the government intervene in citizens' personal lives, and when must it avoid doing so?
"Pro-choice" advocates stress a woman's right to choose whether and when to terminate her pregnancy. In their view, a woman should have absolute control over her own body and, by extension, over the survival of the fetus within her. The "pro-life" camp argues that life begins at conception and any termination of pregnancy after the formation of the embryo is equivalent to murder.
One may deem abortion immoral, but does that necessarily mean it should be illegal? As with many moral debates, there is an underlying and perhaps more significant legal debate raging, especially in the United States. Roe v. Wade was a landmark 1973 Supreme Court ruling that is still relevant today. The Court voted 7-2 to overturn all state laws banning abortion. The Justices concluded that such laws violate a woman's constitutional right to privacy. Since then, the moral debate has taken on political significance.
Alternatively, if abortion is morally permissible, does that mean it should be legal in all cases? In response to this question, there exist other viewpoints in addition to the clear cut “pro choice” and “pro life” positions. Indeed, proponents of each argument vary by degree.
For example, some pro-choice advocates believe abortion is no longer morally permissible after the second trimester. Similarly, some pro-lifers allow abortion in extreme cases, such as rape or incest. Roughly two percent of pregnancies occur under these conditions.
The abortion debate lends itself to a larger, overriding question: when must the government intervene in citizens' personal lives, and when must it avoid doing so?
Saturday, June 21, 2008
Small Business Debt Collection Laws
In your will eventually become important, as your debt grows and some clients do not pay. To collect small business debts legally, you must send a written notice that collections have begun, within five days of first contacting the debtor for collections. The letter must include dispute instructions.
Small Business Debt Collection Laws Forbidden Practices…
-Collect any amount beyond the actual debt, unless you really can do so legally.
-Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.
-Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.
-Deposit a post-dated check before the post-date.
Small Business Debt Collections Laws: What You Can't Say
- Give a false name.
- You are an attorney or government representative, if you are not.
-You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.
-The debtor has committed a crime, unless you are 100ure they have.
-You work for a credit bureau, if you really do not.
-The debt is more or less money than it actually is.
-You are sending or have sent legal forms when you really did not.
-You are sending or have sent papers that are not legal forms, if they really are legal forms.
-The debtor will be arrested--no one is arrested for nonpayment of debts anymore.
-You will seize, garnish, attach, or sell the debtor's property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).
-You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.
Small Business Debt Collection Laws Forbidden Third-Party Disclosures
Never:
1) Give any credit-related information that is not 100
ccurate.
2) Tell anyone other than the debtor that you are collecting a debt.
3) Telephone any number other than debtor's more than once.
Small Business Debt Collection Phone Calls
Never:
-Call after 9 pm or before 8 am.
-Forget to give your name and your company's name.
-Call repeatedly or in a way intended to annoy.
-Make a collect call.
-Make any threats.
-Use profane or obscene language.
-Leave a message that reveals this is a debt collection.
Small Business Debt Collection Mailing
Never send:
-Postcards.
-Envelopes or mailings with any reference to debt collection on the exterior.
-Anything that looks like an official, legal, or government document, if it is not.
These simple small business debt collection laws guidelines should help stay with the collection laws.
Small Business Debt Collection Laws Forbidden Practices…
-Collect any amount beyond the actual debt, unless you really can do so legally.
-Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.
-Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.
-Deposit a post-dated check before the post-date.
Small Business Debt Collections Laws: What You Can't Say
- Give a false name.
- You are an attorney or government representative, if you are not.
-You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.
-The debtor has committed a crime, unless you are 100ure they have.
-You work for a credit bureau, if you really do not.
-The debt is more or less money than it actually is.
-You are sending or have sent legal forms when you really did not.
-You are sending or have sent papers that are not legal forms, if they really are legal forms.
-The debtor will be arrested--no one is arrested for nonpayment of debts anymore.
-You will seize, garnish, attach, or sell the debtor's property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).
-You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.
Small Business Debt Collection Laws Forbidden Third-Party Disclosures
Never:
1) Give any credit-related information that is not 100
ccurate.
2) Tell anyone other than the debtor that you are collecting a debt.
3) Telephone any number other than debtor's more than once.
Small Business Debt Collection Phone Calls
Never:
-Call after 9 pm or before 8 am.
-Forget to give your name and your company's name.
-Call repeatedly or in a way intended to annoy.
-Make a collect call.
-Make any threats.
-Use profane or obscene language.
-Leave a message that reveals this is a debt collection.
Small Business Debt Collection Mailing
Never send:
-Postcards.
-Envelopes or mailings with any reference to debt collection on the exterior.
-Anything that looks like an official, legal, or government document, if it is not.
These simple small business debt collection laws guidelines should help stay with the collection laws.
Friday, June 20, 2008
Same Gender Marriages
In 1999, the Vermont Supreme Court issued a landmark decision in the case of Baker v. State, 744 A.2d 864 (Vt. 1999), ruling that prohibiting same-sex marriage violated the Vermont constitution because it denied same-sex couples the rights granted to heterosexual couples. However, rather than order the government to issue marriage licenses to gay and lesbian couples, the court left it up to the state legislature to remedy the situation. In response to the court's order in Baker v. State, the Vermont legislature passed a law creating a "civil union registration system," under which same-sex couples can register their partnership and receive all the benefits of state laws that apply to married couples. Although the U.S. Constitution requires each state to give "full faith and credit" to the laws of other states - for example, by recognizing marriages and divorces made across state lines - the federal Defense of Marriage Act (DOMA), passed in 1996, expressly undercuts the full faith and credit requirement in the case of same-sex marriages. That said, because the DOMA abridges the rights guaranteed by the U.S. Constitution, it may be challenged legally in the near future. Furthermore, Massachusetts Supreme Judicial Court clarified its ruling late last year that denying marriage licenses to same-sex couples violates the Massachusetts Constitution's guarantee that all citizens be treated equally under the law. Lambda Legal predicts that within a few months, same-sex couples in Massachusetts will begin getting married. They will be able to visit their spouses in the hospital, make decisions about each other’s health care and be fully recognized as parents of their children. Anti-gay groups may proceed ahead in efforts to amend the state’s Constitution to carve out an exception to the time-honored guarantee of equality. As that debate moves forward, people will see same-sex couples who are legally married - and they will see that in seeking to protect their families, these married couples pose no threat to society. Benefits for Same-Sex Couples in California, Hawaii and Vermont. If you're a member of a same-sex couple living in one of these three states, you can take advantage of laws that allow you to register your partnership and receive many of the benefits granted to married couples. California. To register a domestic partnership in California, visit the California Secretary of State website at www.ss.ca.gov. (Look under "Special Programs Information.") Hawaii. To learn about registering your partnership in Hawaii (where it's called a "reciprocal beneficiary relationship"), visit the website of Hawaii’s Vital Records office at www.state.hi.us/doh/records/rbrfaq.htm. Vermont. To read the official guide to Vermont's civil union law, go to www.sec.state.vt.us and click on "Publications."
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