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March 2017 Archives

Myths About Wills

MythsAboutWills.jpgIf someone does not do research into estate planning, such as wills, trusts, or probate, then they might just assume information based on what they have heard other people say. There are many myths and misinformation in regards to wills and probate. Making sure you get information from a knowledgeable source, along with seeking information from a lawyer will save you confusion or potential harm in the long run.
A common misconception that a lot of people have is that if someone dies without a will then the state gets everything. This is not true. The creation of a will definitely be a way to protect your assets, and you definitely should understand that importance of having a will. If you die without a will, your state's laws will be what determines what happens. Every state has its own set of laws that vary. Usually what will happen is your spouse and children are the first to inherit. Your assets will go to the state if you do not have a will, but that is usually only when relatives cannot be found. The terms used for this is called "escheat". It is very rare. Even though the state won't get your money, you are still going to want to decide who in your family or friends circle gets what. The only way to have specific people get specific assets is through a will. 

Chapter 7 Bankruptcy

Chapter7Bankruptcy.jpgIn a Chapter 7 bankruptcy, a bankruptcy trustee will cancel many of your debts for you. This trustee may also sell some of your assets to repay your creditors. The process can take anywhere between 4 - 6 months. It will cost an individual $335 to file and for fees. This will only require someone to go to court one time, then the court will make the decision. It's important to understand that just because you are financially struggling, does not mean that Chapter 7 bankruptcy will be the solution for you. 

Spinal Cord Injury Lawsuit

SpinalCordInjuryLawsuit.jpgA spinal injury could be the result of several different accidents. It doesn't matter whether it was from a fall, car accident, or some other type of impact, the results can be devastating. This often will lead to a lifetime of medical costs and doctor visits. When you or someone that you know is getting involved in a personal injury case, there are several legal issues that could arise.
Spinal cord injury is damage done to the spinal cord, the bundle of nerves within the spinal column, or the backbone. This injury could lead to a loss of motor skills, paralyzation, or permanent damage for the lifetime of the individual. Damage to the spinal cord can leave someone paralyzed in the lower parts of their body, or even in all 4 limbs. The spinal cord is responsible for carrying out a variety of important functions of the human body. An injury to the spinal cord is to be taken seriously. 

Immigration and Customs Enforcement

ImmigrationAndCustomsEnforcement.jpgEven if you are an undocumented immigrant, you still have rights living in this country. More and more people are living in fear that they could potentially be deported from this country. It is important to make sure you are aware of your rights if the Immigration and Customs Enforcement visits your home or workplace.
If ICE visits your home, here are ways that you can keep yourself protected:
- You do not have to answer the door. The only way that ICE would be able to search your home is if they have a warrant signed by a judge.
Even if they have a deportation warrant, this is still not the same as a search warrant. Without your permission, they cannot come in. If the officer says that they do, ask them to slide it under the door or hold it up to a window. Make sure that this document has the proper information on it before complying such as your name, address, and that it is signed. You can speak through the door, and you do not have to open it.
- You have the right to remain silent.
You do not need to speak to the officers or answer any of their questions. If you choose to remain silent, make sure to verbalize that. A know-your-rights-card is a way of showing the officer that you are going to remain silent, and that you wish to speak to a lawyer. Whatever you do, just make sure you do not lie or show any fake documents. This will only do more harm. 

Estate Planning For Blended Families

EstatePlanningForBlendedFamilies.jpgAccording to statistics, about 75 percent of the 1.2 million Americans who divorce each year eventually remarry. This will result in blended families. Often there are a lot of problems with getting blended families to come to terms. This can be difficult when you are trying to estate plan. There are plenty of strategies that these blended families can use.
Usually married couples will leave all of their assets to each other. They do this in a will. This way if one spouse were to pass away, the other spouse would get the right to their property. The issue that occurs here for blended families is when a husband or wife does not want to leave any of their assets or property to children from a previous relationship. This may happen if one spouse has not seen that side of their family in years, therefore leaving them feeling as if they do not need to leave anything for them. Setting up a trust is a way to provide for your spouse in their lifetime. When your spouse passes then everything in the trust can go to your children. It's a great way to not leave anybody out.
If you have a complex family web, life insurance or a retirement account is another great way to provide for your loved ones. You can leave most of your money to your spouse, but also set up life insurance for the kids. Your policy can name them as beneficiaries. IRAs and 401(k)s are not passed down through your will. It is goes directly to your beneficiaries. If you have had a divorce, you definitely want to make sure this is updated, that way it does not go to your ex.

Eviction Of A Tenant

EvictionOfATenant.jpgThe eviction process isn't simple and easy. The landlord of the property needs to go through the proper procedure in order to legally evict a tenant. The landlord will first provide an eviction notice to the tenant. This person will make them provide the details necessary that are specified by state or local laws. The tenant may potentially be able to fix the reason in which they are being evicted. If the tenant does not find a solution that works for everybody, then the landlord can potential have a law suit .
When a tenant is being evicted, it is important to note that there are different types of eviction notices. You definitely should make sure you keep up-to-date with your states laws if you are a tenant, and definitely when you are a landlord. You will want to follow the law carefully to avoid any errors.
An eviction notice for cause refers to when a tenant will do something wrong or that is against the terms of the lease. There are 3 different types that fit under this category.
When a tenant begins to slow down, miss, or provide late payments, pay rent or quit notices are usually sent to the tenant. These notices will give the tenant an opportunity to pay their rent. If they do not pay, that is when they can be either evicted or involved in a lawsuit. 

How Does A Mother Get Full Custody?

HowDoesAMotherGetFullCustody.jpgThere was a time when the U.S. legal system would want or tend to put children under the custody of the mother. As time has changed, the court is always trying to put the child's best interest in mind. They want to make a decision based on what the best outcome for the child will be. In order for a mother to gain full custody of her children, she will have to prove that a different decision would negatively affect the children. This is often viewed as the case if the other parent is not involved in their child's life.
The laws vary by state so it is important to take this into consideration. You will definitely want to check with your state's specific laws. Your state will determine the custody arrangements available to you. Most states will use the best interest of the child standard to make a decision. The court will look at different factors such as the age of the child, their specific needs, and each parent's ability to take care of the child. They will want to see if there is any history of abuse or neglect from either parent. This would be a reason why a parent will not receive custody rights. A court may also look at the existing bonds between a child and a parent. They will always want to put that child in a situation where they are most stable.

Motorcycle Accident Injury Claim

MotorcycleAccidentInjuryClaim.jpgBeing in a motorcycle accident is a very scary and traumatic experience. When you choose to ride a motorcycle, you know that you are taking a huge risk. The same way that people put themselves at risk by driving, those who ride a motorcycle are doing the same thing, but increasing their chance for something potentially dangerous to happen to them. If you have gotten into a motorcycle accident, you might be wondering how much your potential personal injury claim might be. There are several common factors to evaluate when coming to a conclusion or estimate.
When evaluating your case, there are two important aspects to consider. That would be liability and damages.
Liability refers to whose fault the accident was. In cases like this you are trying to prove that the other driver involved was the one who was negligent. It might be the case that there is no liability. Neither party involved was considered negligent. It's often very difficult in these court cases to prove that the other party involved was acting reckless and carelessly. 

Should You Buy A Home?

ShouldYouBuyAHome.jpgOften couples, newly married couple, or individuals get to a point where they want to buy their first home. The question that they might ask themselves is "can we afford to buy a new home?" Even after saving money for months and years, you still may not feel like you have enough saved up. With the cost of living, you are going to want to figure out what is the best decision for you so that you can live comfortably. Before you look for a mortgage, you are going to want to make sure that you currently have a good hold on all of your finances.
You are going to need to make sure that you are able to afford the home-related expenses. A great way to afford living in a home is to buy that home with someone else. That could mean a family member, a friend, or your partner. In a case like this you would both live and take care of the home. When you go to sell the home, the co-owner would get to share the profits with you. If you are going to be living with someone, you definitely want to make sure that you are comfortable living with them. In a situation where friends or roommates live together, there have definitely been horror stories of those relationships crumbling. A great option as a way to get help paying for the home is by letting a friend, family member, etc rent out a room or space in your home.
Buying a home that you can afford may mean that you aren't able to get your dream home. You are going to have to be realistic and choose a property that is in your budget. 

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