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b2ap3_thumbnail_will.jpgWhat Should I Ask an Attorney that Handles Probate and Estate Planning?

Ask about their experience; ask them how many probates have they handled in the last 10 years, and ask if they’ve been sued for one.

Questions to Ask

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b2ap3_thumbnail_images-3_20160802-183955_1.jpgWhen a person hires someone else to provide goods or services to him or her, the terms of the contract dictate when the work is to be performed or the goods to be provided. However, situations can occur in which the contractor is not providing timely delivery, and the customer may pursue legal action to enforce his or her rights.

Contract Provisions

Courts give wide breadth to individuals to enter into contracts in a voluntary fashion. Therefore, courts will usually hold the parties to the terms of the contract that they both willingly signed, absent certain rare exceptions. If the non-breaching party wants to enforce the contract, the court must be able to refer to clear provisions in order to effectuate the agreement as the parties intended.

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b2ap3_thumbnail_images-2_20160802-183449_1.jpgThere is a common misconception that if an individual is injured on the job and pursues a Workers’ Compensation claim, they are effectively filing a lawsuit against their employer for reimbursement of medical costs and lost wages.

Workers’ Compensation benefits are not the same things as suing an employer.

Work injury benefits arise from an employer paying into Workers’ Compensation insurance.

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b2ap3_thumbnail_download-1_20160802-183137_1.jpgMany individuals who file bankruptcy file under the specific chapter that they qualify for. If they are not eligible for one filing, they explore the other. However, some people fall into multiple eligibilities and determine which bankruptcy filing will better suit their needs.

Chapter 7 Process

Chapter 7 bankruptcy is a liquidation bankruptcy. Its main benefit is being able to eliminate unsecured debts like credit card debt and medical bills. During a Chapter 7 filing, a bankruptcy trustee is appointed to administer the case, including acquiring and selling the debtor’s property that is not exempt. The funds from these sales are then sent to creditors.

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b2ap3_thumbnail_download_20160802-182840_1.jpgBefore you hire independent contractors, consult with a qualified business attorney to be sure you will comply with IRS regulations. Your attorney can help you draft a written contract that details the duties of the contractor and keeps you on the right side of the law.

The IRS and the Department of Labor are cracking down on businesses that use contractors but treat them like real employees – or, as the IRS calls them, “common-law employees.” Before you misclassify that contractor, ask yourself these 5 questions:

Do you control the work?
If you direct how and where and at what time someone works for you, then the government says you have an employee, not a contractor.

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b2ap3_thumbnail_business-law.jpgThere are many reasons franchisees decide to sell their franchise – life changes like death, divorce or retirement comes to mind – and if you are looking at investing in a resale franchise, you should neither discount nor leap into it without careful investigation.

Here are some considerations to keep in mind:

Reason for the sale. If a franchise owner is moving, retiring or has other family issues that require the sale, you will probably be told this right off the bat. If he or she is selling because they can’t make a go of it, you will probably be given another reason for the sale. This brings to light the importance of careful due diligence – an experienced franchise attorney is of great assistance here.

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Many probate and estate planning attorneys act as if everyone should have a trust yet most Americans don’t even have a simple hand written will. Given that trusts can easily cost thousands of dollars in legal fees, it’s a big purchase that shouldn’t be taken lightly, consider the consequences if you do not have a proper trust:

Living Trust vs. Will

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b2ap3_thumbnail_images-1_20160802-181514_1.jpgAlmost every private housing area as well as public ones prohibits undue, avoidable and excessive noise. For laws and ordinances that stipulate noise levels, law enforcement is allowed to give citations and tickets to those that violate these regulations.

Law enforcement is responsible for enforcing these laws when necessary, and tickets are to be paid within the designated time frame or offenders may face additional penalties. Each area is different based on roads, country, housing communities or city living. Each area has rules that may be reviewed at the local municipality.

Noise Explained

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b2ap3_thumbnail_images_20160802-180709_1.jpgDivorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.

For the times parents are unable to agree, the court may decide which parent will have custody. Many factors are analyzed and among them, the child’s inclination may be an important consideration.

Child Preference

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b2ap3_thumbnail_bankruptcy-lawyer-newnan.jpgMillions of underwater debtors including individuals and businesses have turned to bankruptcy for relief. While bankruptcy is a powerful way to shield debtors from further debt collection efforts, it does not solve all financial problems. Additionally, there are different things that bankruptcy can accomplish based on the type of bankruptcy that is filed.

Can Do

Bankruptcy can do a lot for debtors, including:

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b2ap3_thumbnail_mediation.jpgChoosing a divorce mediator is the first agreement divorcing spouses make together at the beginning of the divorce mediation process. It will be one of the most important decisions spouses reach during their divorce.

In divorce mediation, you will discuss issues that are personal, sensitive, and emotional. There will be times when you cover financial and legal issues. There will be times you communicate about important family issues. You will consider your thoughts and feelings as you reach agreements and create your own divorce terms. All the while, the divorce mediator you choose will guide you along the way.

There are many factors to think about when choosing the right family mediator. Below are five essential mediator qualities that spouses should consider before choosing a divorce mediator.

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b2ap3_thumbnail_Importance-of-Estate-Planning.jpgWhat are the advantages to estate planning?

By taking the time and effort necessary to plan your estate, you will be able to:

  1. Provide for your immediate family
    Couples want to provide enough money for the surviving spouse. Couples with children want to assure their education and upbringing. If you have children under 18, both you and your spouse should have a will nominating personal guardians for the children, in case you both should die before they grow up. Otherwise, a court will decide without your input where your kids will live and who will make important decisions about their money, education, and way of life.
  2. Get your property to beneficiaries quickly
    Options include insurance paid directly to beneficiaries, joint tenancy, and living trusts, as well as using simplified or expedited probate and taking advantage of laws that provide partial payments to beneficiaries while a will is in probate.
  3. Plan for incapacity
    During estate planning, you can also plan for possible mental or physical incapacity. Living wills and durable health-care powers of attorney enable you to decide in advance about life support and pick someone to make decisions for you about medical treatment.
  4. Minimize expenses
    Good estate planning can keep the cost of transferring property to beneficiaries as low as possible, leaving more money for your beneficiaries.
  5. Choose executors/trustees for your estate
    Choosing competent executors/trustees and giving them the necessary authority will save money, reduce the burden on your survivors, and simplify administration of your estate.
  6. Ease the strain on your family
    You can take a burden from your grieving survivors and plan your funeral arrangements when planning your estate. Or you may want to simply limit the expense of your burial or designate its place.
  7. Help a favorite cause
    Your estate plan can help support religious, educational, and other charitable causes, either during your lifetime or upon your death, and at the same time take advantage of tax laws designed to encourage private philanthropy.
  8. Reduce taxes on your estate
    Every dollar your estate has to pay in estate or inheritance taxes is a dollar that your beneficiaries won't get. A good estate plan can give the maximum allowed by law to your beneficiaries and the minimum to the government.
  9. Provide for people who need help and guidance
    Do you have an elderly parent or disabled child, or a grandchild whose education you want to assure? You could establish a special trust fund for family members who need support that you won't be there to provide.
  10. Make sure your business continues smoothly
    If you have a small business, you can provide for an orderly succession and continuation of its affairs by spelling out what will happen to your interest in the business.


Tagged in: Estate Planning
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b2ap3_thumbnail_images-3.jpgAs much as getting a divorce is an emotional decision, it is also a financial decision. Once someone has made the decision to pursue a divorce, he or she should immediately take steps to safeguard his financial and legal interests.

Gather Records

While an individual has access to records, he or she should gather anything that may be important. This includes a prenuptial agreement, will, insurance policies, proof of income, financial statements for accounts, identifying documents, mortgage documents and tax returns. This information should be kept away from the marital home and stored in a safe location.

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b2ap3_thumbnail_growth-Real-Estate-Market.jpgTo receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.

With the ‘Due Diligence’ lawyers make ensure that the client’s investment is not at risk.

Before a person buys a land, it takes place a study related to legal and procedure aspects, that will allow to inform the person if the property he/she is considering to purchase for the real estate project is suitable for that business.

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b2ap3_thumbnail_estateplanning.jpgA thorough estate plan should be designed to avoid probate, save on estate taxes, appoint someone to act for you if you become disabled, and protect assets if you need to move into a nursing home.

A will is only one element of a complete estate plan. All estate plans should also include a durable power of attorney. A trust is useful to avoid probate and manage your estate during your life and after. Medical directives and beneficiary designations are supplements you should consider.

Power of Attorney

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When you think about filing bankruptcy you really want to understand all your options. This is the quick overview of bankruptcy vs other other options. If you are considering whether bankruptcy is right for you, solid information is needed before making a decision. You may be considering doing nothing, debt consolidation, or even litigating with creditors. Today, we are going to compare bankruptcy with other options.b2ap3_thumbnail_home-bankruptcy.jpg Bankruptcy vs Doing Nothing

If you are in debt and it is bad enough to start research on the internet, doing nothing is not the best option for you to consider. Not really knowing about what your options is never a good idea Consider if you were sick, you would get an opinion about the outcome.The same goes for bankruptcy. At some point with money problems there is only so much you can do yourself. This applies to all of us. Money is difficult for most of us to manage. Sometimes you are going to need advice about the pros and the cons of your specific situation. If you are starting to get harassed by the creditors and debt collection agencies, you can leave yourself open to a lawsuit. If you are sued for whatever reasons you have just a few weeks to determine how you are going to respond. Doing nothing means that assets that you can protect go unprotected.Not protecting your 401k or the equity in your homes to try desperately to pay off bills has a devastating on your retirement . You need to start with getting some advice before, due to lack of information, you can make a bad thing worse.

Bankruptcy vs Debt Consolidation

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b2ap3_thumbnail_16.jpgChild custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.

What Is the Difference in Sole Custody and Joint Custody?

The family court may order sole custody or joint custody. Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child. In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

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Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.

Although some real estate investors may elect to rely solely on liability insurance to protect themselves from a potential lawsuit, there are some risks to this approach. Liability policies generally have exceptions and limits that do not wholly protect investors from litigation; an LLC’s protective power is typically broader and more beneficial.

Here are the advantages of forming an LLC for real estate investments:b2ap3_thumbnail_images-2.jpg 

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Posted by on in Family Law

b2ap3_thumbnail_Property-Ownership--An-Estate-Planning-Basic-770x262.jpgInheritance laws are determined on the state level. These laws come into effect when the person who died left no will or his or her will is invalidated due to not following legal formalities, being the product of undue influence or duress, the testator lacking the requisite capacity or for other reasons as determined under state law. Additionally, some inheritance laws take effect even if a valid will was left and if the will says something that contradicts state law.

Rights of a Spouse

A spouse who survives his or her spouse often has several rights. The nature of these rights often depends on whether the decedent died in a state that recognizes community property or common law.

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b2ap3_thumbnail_bankruptcy-button.jpgDebt collection companies are often given a specific protocol to follow when collecting debts. Their owners may set out specific rules for these transactions. Additionally, federal and state laws often impose additional requirements regarding the collection of debt.

Common Collection Procedure

When a debtor is delinquent on his or her account, the original creditor will attempt to collect the debt on its own. However, if the attempts go unanswered and the debtor does not respond by paying the bill in full, the creditor may submit the debt to a third party debt collector. When a creditor refers a debt to a third party collector, it usually does so by selling the debt to the third party collector for cents on the dollar. The debt collector becomes the new owner of the debt and receives the rights of the original creditor to the balance owed. In other situations, the original creditor remains the creditor and pays the debt collection company a portion of the amounts collected on delinquent accounts.

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How Do You Know if Your Probate Attorney Is Qualified?
What Should I Ask an Attorney that Handles Probate and Estate Pla...
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