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May 2017 Archives

Understanding The Wrongful Death Claim

UnderstandingTheWrongfulDeathClaim.jpgIf someone has passed away due to the fault of another person or entity then the survivors may be able to bring about a wrongful death lawsuit. This seeks compensation for a survivor's loss such as lost wages from the deceased, lost companionship, and funeral expenses. If you are considering suing someone due to this reason, it is important that you have a full understanding of what the wrongful death claim is, who can sue, who can be sued, and what damages can be recovered.
The right to file a lawsuit for wrongful death is a pretty new concept. Originally in "common law" , the laws brought to the United States by England, this lawsuit was not allowed. It was later on that state and federal courts created this right. Every state in the country now has law in relation to wrongful death.
These fatal accidents can occur due to a simple car accident, medical malpractice, product liability, or from a variety of other reasons. Those who are liable are individuals, companies, or government agencies due to negligence.
A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the death of this other individual. This representative is usually the executor of the decedent's estate. Those who have someone represent them are immediate family members, life partners, financial dependents, putative spouses, distant family members, all the persons who suffered financially, and the parents of a deceased fetus. 

The Cost And Time Length Of Divorce

TheCostAndTimeLengthOfDivorce.jpgThe divorce rate is so high, but many people do not actually think about the cost of divorce or how long the process will take until they are going through the process themselves. Attorney fees can range depending where you live, who you decide to hire, and how much is involved in coming to a resolution. There is no set amount of time or set amount of money that you will spend settling your divorce. It is different for everybody. There are surveys that have gathered averages among people to determine a result on several factors of divorce. These surveys have questioned individuals on how much their divorce attorney charged, how much their divorce cost, issues involved in the court process, whether their spouse contested the case, how long it took to settle, and how satisfied they were with the outcome.
Although this information does not determine a "set in stone" answer, at least it can provide individuals with useful information. 

Answering Your Questions About Wills

AnsweringYourQuestionsAboutWills.jpgMany people will hold off making a will because they don't feel like they need one or because they may feel overwhelmed by the process. If you are not familiar with law, which there are many people who are not, you may have questions in regards to making your will.
The first common question that people will ask is why they might even need a Last Will and Testament to begin with. If you die without a will you are considered "intestate". The state of New York has codified into the law specific divisions of your estate when you die without a will. This may not divide your assets according to your wishes. The state will divide you assets among your spouse and minor children. If none of these families members are surviving, then other members of your family may become entitled. If you do not have a will, the court may decide who will take care of your children if the other parent is no longer available as well. If you are in a non traditional, unmarried relationship, and do not have a will, your partner will not receive anything. 

Foreclosure Rescue Scams

ForeclosureRescueScams.jpgThose who are scamming you always claim that they can solve your debt problem or stop the foreclosure from happening. They will use deceptive tactics to obtain ownership of your home for a fraction of its market value. This will not only leave you homeless, but you will still be the holder of the mortgage that is in foreclosure.
If you are struggling to make payment, it is important that you contact your lender immediately. This will help prevent any potential problems happening later on. Lenders will usually work out a new payment plan with you.
If you are facing foreclosure it is also key that you stay aware of your rights in order to keep yourself protected.
Your lender will file a record of foreclosure if it gets to a necessary point. This is called a "lis pendens". The county clerk's office will publish a list of all the recorded foreclosures. This is how a scammer will find you. They will find the list and act upon naive homeowners.
Be aware if you are contacted by mail, telephone, or even by a knock on the door. Sometimes scammers will even target entire neighborhoods with marketing tactics. 

Understanding Juvenile Crime

UnderstandingJuvenileCrime.jpgOften a minor will have a mischievous streak, but sometimes this goes too far leading to criminal activity. Since minors have a higher chance of rehabilitation, there are special rules and procedures to handle this type of crime. These young criminals will not go to jail or a penitentiary like a regular adult would. The laws are governed differently from state to state so it is important to always be educated on your state's laws.
When a minor is arrested due to criminal activity, this will result in a felony or misdemeanor offense. Juvenile delinquent activity can lead to the suspension of a driver's license, the paying of a fine, community service, ordering counseling, probation, home confinement, placement in a relative's home or a foster group, and even incarceration in juvenile corrections. Depending on the crime, if it is an act that is so severe, it can lead the minor in adult jail or state prison.
When detaining a minor, the police do not need to personally witness the event to take the juvenile into custody. They simply just need probable cause. They have the ability to detain the minor and warn them about the consequences of committing the crime. They can detain the individual and hold this minor until the minor's parents or guardians have arrived. They can then release the minor. The last option that they have the power to do is to take the minor into custody and refer the minor to a juvenile court officer. 

Financial Planning After A Divorce

FinancialPlanningAfterADivorce.jpgSettling a divorce already causes enough stress between the emotions involved, finding the right lawyer for you, and trying to come to an agreement with your spouse. There are several financial mistakes that individuals make during this process. If you weren't very involved in the finances during your marriage, it's likely that your spouse will have the upper hand. This will work as an advantage for your spouse, so it is important to get as much information as you can.
If you think a divorce is going to happen or it is already in the process of happening, you are going to want to make copies of any and all important financial documents. This may include information from savings, brokerage, retirement, checking accounts, charge card statements, tax returns, etc.
If you believe that your spouse might sell or transfer to cash any assets or re-title marital assets without consent, notify the holder of the asset or property in writing. You will want to get a restraining order from court. You will want to watch out for any cash held in joint checking accounts. If you notice that a spouse is using or moving assets without your knowledge, you will want to hire a legal or forensic expert. 

Rebuilding Your Life After Bankruptcy

RebuildingYourLifeAfterBankruptcy.jpgWhether you file for chapter 13 or chapter 7 bankruptcy, you know that there are going to be repercussions for going through this process. Although your past might show that you weren't financially stable, now is your chance to rebuild your credit. There may be several different paths to bankruptcy recovery. It may be a long road, but there is always hope and room for self-improvement.
One of the first things you are going to want to do after you file for bankruptcy is collect and preserve all of your paperwork. You should have received a copy from your attorney of the bankruptcy petition which is 40 - 50 pages of detailed financial information. You will want to keep any paperwork that the court gave you such as a notice of bankruptcy filing and a copy of your discharge order. The reason why you will want to do this is because some lenders like to see a copy of these papers when considering you for new credit. This is especially true for mortgage loans.
The next thing that you will want to keep in mind moving forward is the importance of creating a budget. You will want to have an understanding of your expenses and how much money you are spending on what. It is key to review this every week. The point of filing for bankruptcy was so that you can dig yourself out of this financial hole. You may even want to consider starting an emergency fund.

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