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The Various Types of Law

It’s Time To Plan: 4 Steps Help You Divide Your Assets When Your Kids Can’t Get Along

Posted by on 12:12 pm in Uncategorized | Comments Off on It’s Time To Plan: 4 Steps Help You Divide Your Assets When Your Kids Can’t Get Along

It’s time to take care of your estate planning. If coming to a decision about how to divide your assets has you in a quandary, it might be time to take a step back. This is particularly true if you’re worried that sibling rivalry will lead to hurt feelings after you’re gone. With some careful planning, sibling rivalry can be avoided. Here are four suggestions for taking the rivalry out of the asset division after your gone. Sell it All If your kids can’t agree about anything, and you’re concerned about sibling rivalry during the division of your personal property, take the property out of the equation. Sell all of your property that you think your kids will fight over and place the proceeds from the sale in a trust fund. Once you’ve passed away, the trust can be divided evenly amongst your children. That way, they’ll each get exactly the same amount, which will eliminate the rivalry. Gift It Early If there are items that you know your children will want, gift those items early. Make the gifting special by scheduling dates with each of your kids. During the scheduled date, give your children the items you’ve chosen for them. Make each moment special by explaining the sentiment behind each gift. Your children will be left with a treasured item of yours, as well as a special moment that they were able to share with you. Let Them Choose If your kids have made it clear that there are certain items they want, but you’re not ready to let go of your belongings just yet, arrange to have your kids come by and mark the items they want. Place a small post-it note on the bottom of each item they choose. If an item receives multiple requests, place names in a hat and have a disinterested third-party individual draw names. Hire an Attorney If you need help planning your estate, sit down with an attorney. This is especially important if you know that your children aren’t going to come together amicably after you pass. An attorney will be able to help you create an estate plan that will ensure that your wishes are carried out after you’re gone. Planning for your passing can be difficult. Sibling rivalry among your children can make the process even more difficult. If you’re having a hard time planning your estate, use the simple tips provided above to help you alleviate some of the stress. For questions or concerns about your estate, be sure to consult with a family law attorney, like one from O’Brien and Dekker Attorneys at...

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3 Things That Might Delay Your Ability To File Bankruptcy

Posted by on 8:53 am in Uncategorized | Comments Off on 3 Things That Might Delay Your Ability To File Bankruptcy

Filing bankruptcy is an option you have if you need help getting out of debt; however, there are certain things that might prevent you from being able to file right away. If you are considering this option to get out of debt, you should fully understand that the following three things might delay your ability to file. You Have Missing Tax Returns When you decide to visit a bankruptcy attorney to learn more about this process, the attorney will ask to see your last two income tax returns. These are typically needed to verify your income, and they are needed to file. If you have not filed your tax returns, you will not be able to file for bankruptcy right now. To file for bankruptcy, you will first need to get your tax returns prepared and filed, and you will need copies of these returns when you visit the bankruptcy lawyer again. You Got Rid Of Assets A second thing that could delay your ability to file for bankruptcy involves assets you recently got rid of. This could include selling the assets for money or giving them to your relatives. In either case, your bankruptcy case would be affected by this. If you gave away assets or sold them shortly before filing for bankruptcy, it can come across as fraud. If you fail to tell your attorney about these transactions, you could end up getting your bankruptcy case dismissed, or you might be responsible to pay money to your bankruptcy estate to cover the value of these assets. You Are Expecting A Large Sum Of Money The third thing that can delay filing for bankruptcy involves a large sum of money you are expecting to receive. This could be money from a lawsuit settlement or inheritance, and the money can affect your case. If you are expecting to receive money, you will need to tell the trustee, and the trustee may have the right to take this money from you. If this is the case, you may want to wait to file for bankruptcy for 180 days after receiving this money. At this point, the trustee can no longer come after the money, and it will be yours to keep. Timing for a bankruptcy case is vital if you want the best results from doing this. If you would like to learn more, contact a bankruptcy attorney today to schedule a consultation...

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Help! What Should You Do After Receiving Divorce Papers?

Posted by on 11:22 am in Uncategorized | Comments Off on Help! What Should You Do After Receiving Divorce Papers?

Divorce is a messy procedure for everyone involved. Naturally, you have several important things you must do once you have received the divorce papers. Unless you – or someone you know – has gone through the divorce process before, you may have no idea what you should be doing. Discover the Due Date for Response While it does vary slightly from one state to the next, you have roughly 30 days to respond to a divorce petition. If you do not respond within that time a default judgment can be made. The process will proceed and the judge will divide all of your property from the marriage equally. The divorce will be final, and there will be nothing you can do to change it. It is important to keep in mind, every step of the divorce proceeding involves paperwork which must be responded to. Read the Divorce Papers The papers should be carefully read so you will understand where the court action was filed, especially if you are unaware of the spouse’s location. The information will also be provided concerning whether the ex-spouse has hired an attorney. Some of the information included will be dedicated to the splitting up the property, support for you (the spouse) as well as issues relating to children if you have any within the marriage. Legal Representation Must Be Decided If your budget doesn’t provide you with financial means to hire an attorney for the entire proceeding, you can hire one for specific tasks only such as filing the initial response and writing the divorce papers. A decision should be made as quickly as possible after you receive the divorce papers, so you can hire an attorney if you believe it would be in your best interests. However, if the ex-spouse has an attorney, you may feel more comfortable if you can also hire legal counsel. Gather Documents You should gather your social security card, birth certificate, and marriage certificate when you visit with the attorney on the first visit. You should also locate bank and credit card statements as well as taxes. Revise Your Finances and Protect Your Assets It is advisable to create an individual savings and checking account if you don’t already have them. You also should consider a credit card in your name only. If your insurance plans including health and dental insurance benefits are provided by your spouse, you need to be sure you have all of that information. It is also essential to re-route your mail through the post office to ensure you receive all of your correspondence. These are the basics you will need after you receive the divorce papers. Each case is different, including whether you need an attorney throughout the process. To learn more, contact an attorney like Gilbert P...

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Do You Have Grounds To Sue A Hotel That Gave You Bed Bugs?

Posted by on 8:53 am in Uncategorized | Comments Off on Do You Have Grounds To Sue A Hotel That Gave You Bed Bugs?

When you stay in a hotel or similar establishment, you have a reasonable right to expect a room that is both safe and clean. The recent outbreaks of bed bugs around the country, however, have made staying in any unknown hotel a relatively risky proposition. If you have recently stayed in a hotel with an undeclared bed bug infestation, there are legal protections in place to protect you from the negligent hotel owners and recover any expenses you may have incurred as a result of your experience. Documenting Evidence of the Hotel’s Infestation Whenever you suspect that you have been the unwitting victim of hotel bed bugs, you should do as much as you can to document the problem as it occurs. This may include taking a photograph of characteristic bed bug droppings in your room or the bite marks they leave behind. You should also file a formal complaint with the hotel and ask for a copy of the report for your own records. Even if the bites do not appear for several days after, as they sometimes do, it is still important to then register your complaint with the hotel owner for legal purposes. Seeking Compensation for Medical Bills Bed bugs may provoke an allergic reaction in some individuals, but bites from a home colony are typically relatively harmless parasitism. Hotel bedbugs, on the other hand, may still be carrying the blood of prior guests, which may be transmitted to you as the creature bites and feeds. Because of this, you may need extensive testing and treatments for various possible blood-borne illnesses after staying in an infested hotel. Seeking coverage for these bills is typically the central part of a personal injury claim related to bed bugs, but it usually isn’t the only form of compensation requested. Demonstrating Pain and Suffering Even if you emerge from your experience unscathed, knowing that you have slept in a nest of bed bugs can be a deeply unsettling thought that is difficult to shake. You may find yourself itching and scratching or unable to sleep for weeks afterward. These less tangible damages are referred to as pain and suffering, though they can be more challenging to prove in court. In some cases, you will need the testimony of a mental health professional to lend your pain and suffering claim credibility. Listing Damages to Your Personal Property The other risk associated with bed bugs, of course, is that you may end up with a couple of hitchhikers in your clothing and suitcases. These unwanted guests will be only too happy to set up a new colony in your home, and they can be nearly impossible to eliminate once they are settled in. If you are forced to deal with a bed bug invasion that originated in the hotel in question, the hotel can be held liable for those expenses as well. With the help of an experienced personal injury lawyer, you can ensure that a single bad night at a hotel will not set back your finances, health and emotional well-being for years to...

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3 Signs You May Not Want To Accept A Personal Injury Settlement

Posted by on 10:29 am in Uncategorized | Comments Off on 3 Signs You May Not Want To Accept A Personal Injury Settlement

If you have recently been involved in an injury that was due to someone else’s negligence, there’s a chance that the responsible party’s insurance company has offered you a settlement. It might be tempting to go ahead and take the settlement now so that you can have cash in your pocket — especially if you are struggling for cash due to an inability to work after your injury — but it isn’t always a good idea to do so. These are a few signs that you may want to say no to a settlement. 1. It’s Not Enough to Cover Your Medical Expenses The medical expenses that can come from an injury can be quite expensive when you factor in doctor’s bills, hospital bills, the cost of prescriptions and other associated expenses. You shouldn’t be stuck paying any of these expenses yourself, so think twice before you accept a settlement that will not cover your past, current and future injury-related medical bills. 2. It Doesn’t Cover Your Time Missed from Work Along with worrying about your medical bills, you also have to think about the other expenses that you have incurred and the other financial difficulties that you might have gone through since your injury occurred. You might be behind on your bills and could be facing other difficulties due to not being able to work since you were hurt, for example. Make sure that you consider these costs — and what it will take for you to get caught back up — before accepting a settlement. 3. You Haven’t Gone Over it With an Attorney In some cases, insurance companies try to take advantage of individuals who have been injured. They often know that injured individuals are going through tough financial situations and are facing a mountain of bills, and they sometimes try to take advantage of that by offering a quick settlement for much less than the person deserves. This is why it’s always smart to go over the settlement offer — and the details of your accident — with an attorney who has experience in personal injury law. Then, he or she can advise you as to whether or not the settlement is fair or whether you should pursue the case further. In some cases, accepting a settlement can be a good idea. In others, however, it might not be the best decision. If you are unsure, it’s always a good idea to work with a personal injury lawyer, like Dunnigan & Messier P.C., so that you can get professional legal advice that is tailored to your...

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Time To Call It Quits? 4 Reasons You Need An Attorney When You File For Divorce

Posted by on 10:15 am in Uncategorized | Comments Off on Time To Call It Quits? 4 Reasons You Need An Attorney When You File For Divorce

If you’ve tried everything to save your marriage – but nothing has worked – it might be time to bring in a divorce attorney. If you don’t think you need a divorce attorney – or you don’t think you can afford one – you might want to reconsider. Here are three reasons why hiring a divorce attorney is a good idea. Your Spouse May Get Violent If there is even a slight possibility that your spouse may get violent once you file for divorce, you need to have an attorney on your side. According to studies, divorce can trigger the occurrence of violent outbursts. An attorney can help you receive the services you need if your spouse becomes violent – such as temporary shelter and emergency protection orders. You Have Minor Children If you have children, you need to have attorney representation during the divorce, especially if you and your spouse can’t agree on custody, visitation or support payments. Trying to negotiate custody arrangements when you don’t have proper legal representation can be a costly mistake. This is particularly true if you’re not familiar with the custody laws in your state. Protect your rights and the rights of your children by obtaining legal representation before you file for divorce. Your Spouse Hired an Attorney If your spouse has already obtained legal counsel, you’re going to need to hire an attorney of your own, especially if you think the case might end up in court. Going to court against an attorney when you have no representation yourself can be a costly mistake. Make sure you’re on equal footing when you go to court by hiring an attorney to represent you. You’ve Stopped Communicating If you and your spouse have stopped communicating with each other, you’re going to need an attorney. You and your spouse are going to need to discuss issues such as spousal support, division of assets and debts, and other important issues relating to your divorce. If you’re not communicating with each other, you’ll need someone to do it for you. Hiring an attorney will ensure that your wishes are heard throughout the proceedings. An attorney will also help ensure that the divorce doesn’t fall apart just because the lines of communication do. If you’re considering a divorce, you shouldn’t go it alone. The information provided here will help you understand why you need an experienced family law attorney on your side when you file for divorce. For more information, contact a local law firm like Baudler, Maus, Forman, Kritzer & Wagner,...

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Learning More About Arraignment In Federal Court

Posted by on 10:29 am in Uncategorized | Comments Off on Learning More About Arraignment In Federal Court

If you have been arrested for a federal offense, you may wonder what is going to happen next. Depending an the offense you were arrested for, you may or may not spend time in jail until your arraignment in court. Find out more about what arraignment in court is and what it could mean to your criminal case. You Will Be In Court With Fellow Offenders When a federal judge has court for arraignments, you may be one of several offenders in the court room. Your name will be called when it is your turn to stand before the judge. The judge will read out why you were arrested and your charges will be made official. At this time, you will also receive a written copy of the charges being filed against you. Your Chance To Enter A Plea Or Get An Attorney The judge will ask you if you have legal representation or if you need to have one appointed to you. Keep in mind the only way you can get an attorney for your federal offense before an arraignment is by hiring one yourself. Otherwise, you will be appointed one after your charges are read at your arraignment. In the event you feel you do not need an attorney and decide to go it on your own, you will be asked to enter your plea. Most defendants do plead not guilty. Your Charges And Possible House Confinement If the judge sets your bond as one of personal recognizance (PR), you will be able to sign it and go home until you go to court for your charges. However, depending on your charges and on the amount of the bond, you may go home with an ankle bracelet for remaining under house confinement until your court date. An ankle bracelet is placed on you to make sure you do not run for avoiding court and your charges. You should know that if your bond is high and you sign it as a PR, you may still be asked to wear an ankle bracelet even if you are considered a flight risk. Some offenders are asked to report to a probation office and must also pay a fee each month when they sign a PR bond. Knowing more about what to expect at your arraignment can help you better prepare for it. If you are worried about getting a criminal defense attorney because you cannot afford it, you will get one appointed at your arraignment. Be sure to discuss all the details of your arrest with a criminal lawyer like Robert A Murray. Never hold back any facts or tell a lie when it comes to your attorney because he or she cannot help you without knowing the truth and all the...

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What Might Happen If You Go Without A Lawyer In A Criminal Case

Posted by on 11:38 pm in Uncategorized | Comments Off on What Might Happen If You Go Without A Lawyer In A Criminal Case

If you have been charged with a criminal case, you might be discouraged about getting a lawyer. Whether you feel you should just accept charges or you might not have the money to pay for a defense, you can actually cause irreversible changes to your future. Here are three things that might adversely affect your life if you stand for criminal charges in court without a lawyer by your side. 1. You Might Miss Out on Ways to Defend Your Case You might be at a loss as to what to do once you have been charged with a criminal offense. You might be ready to throw in the towel and just plead guilty to charges. Depending on convictions, this can go on your permanent record and can cause long term problems for your employment options. It can be hard to see all sides of your own charges, so it is good to have an outside perspective. 2. You Might Not be Taken Seriously by Judges and the Court System If you go into court or hearings without a criminal attorney, it might not seem as if you are taking your situation seriously. It can be hard to understand all of the ins and outs of a court situation. Without the guidance of a criminal defense attorney, you might make missteps or even offend judges or others in court. It is best if you can find a criminal attorney that can be there with you every step of the way and ensure that you look professional, informed, and serious about your case. 3. You Might not be Able to Fight for the Best Plea Deal You might be offered a plea deal to either drop your charges to a lesser crime or other variation that can lessen your criminal offenses. While you might jump at a plea, it can be hard to understand all of the nuances when it comes to accepting this. It is better to bring in an experienced attorney that can review a plea offer and go over with you whether accepting this would make sense. Some plea deals can be for lesser crimes, but still come with steep penalties or even jail time that your attorney might advise against. If you did commit a crime, this doesn’t necessarily mean that the punishment on the table is just.  A criminal defense attorney can see all parts of your case and help minimize the damage of criminal charges on your record. Be sure to think twice before forgoing counsel in a criminal...

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Purchasing A Commercial Property? Here Are Some Problems A Lawyer Can Help You With

Posted by on 10:46 am in Uncategorized | Comments Off on Purchasing A Commercial Property? Here Are Some Problems A Lawyer Can Help You With

You could be making a great investment if you purchase the right commercial property. However, there might be legal problems with the property that you don’t know about. Real estate lawyers are able to help you find and solve any legal problems that you may experience so that you can be protected when investing in a business property. Here are some problems they can assist you with. Existing Leases and NonPaying Tenants Tenants may already be on the property you are thinking about purchasing. While a real estate agent can help you learn what their rent is for the year, a lawyer can help you interpret the leases to determine whether they are beneficial for you or whether you are even bound by those leases. Of particular interest to you is that a real estate lawyer can identify slow-paying and nonpaying tenants. You may wish to draft your own leases with these tenants, and if that is a possibility, a good real estate lawyer can draw up new leases and distribute them. They can also assist you in issuing terminations. Unknown Property Boundaries Because you don’t know what kind of agreements past owners have had with neighbors, there is no way for you to know what the legal property boundaries are–unless you hire a real estate attorney to help you discover them by looking up the legal description in the deed and check for any liens on the property. Past neighbors may have allowed the owner of the property you’re buying to erect a fence on their land for instance, but you may run into problems if you want to install a new one. Knowing what the real boundaries are can also help you understand how renovations or expansions might affect you. Existing Lawsuits If a current or former tenant in the building has decided to sue the owner of the property for any reason, if the case has not yet been decided, you could very well be affected by this. A lawyer can help you determine what kinds of cases are pending and how best to protect you before you purchase the property. Purchasing a piece of commercial real estate can be a solid investment, but you need to be able to handle possible problems before you buy. Speak to real estate lawyers in your neighborhood, like Zane Law, to get a clearer idea of how they can help you with a particular...

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Important Questions To Ask Before Hiring An Auto Accident Lawyer

Posted by on 9:30 pm in Uncategorized | Comments Off on Important Questions To Ask Before Hiring An Auto Accident Lawyer

Have you recently been in a car accident? Is the other party in the process of suing you, even though it wasn’t your fault? You probably already realize that you’re going to need a good attorney if you’re going to win the case. In order to pick the best lawyer for you, you’re going to need to ask the right questions. Here are some things to consider asking before you hire any attorney: How long have you been an auto accident lawyer? Many lawyers will pick one area of law to specialize in and will work only those types of cases until they finally retire. Other attorneys may decide to switch to a slightly different field, later in their career. So while your potential lawyer may have been practicing for over a decade, it’s possible that he or she may only have a few years working auto accident cases. Make sure to ask whether they were in a related field, like motorcycle accident cases, or something entirely different, like being a patent attorney.  Have you ever won a case like mine? While confidentiality agreements may prevent your potential auto accident lawyer from discussing specifics of past cases, he or she should be able to give you a broad overview of his or her case history. If the attorney says that he or she handled a case nearly identical to yours and won, make sure to find out how long ago it was. If he or she hasn’t handled a similar case in more than a year or two, you may want to look for a lawyer who has more recent experience with your situation. How much do you charge? If you’re almost certain that you want to hire a particular auto accident lawyer, you’ll need to find out how much and when they expect to be paid. If you are being sued, your attorney may expect to be paid hourly. If this is true, make sure to get a breakdown of the various fees that you might expect to see on your bill. For example, you could get charged a document filing fee or hourly rates for court appearances. But if your attorney feels that you have a strong counter-suit, then he or she might work on a contingency fee basis. This means that instead of you paying the lawyer directly, he or she will take a percentage of any settlement that you might get.  For more information, consider contacting a professional like those at Davidson Law Center...

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