Family Trust of Michael Jackson Controls His Estate Decisions

Tuesday, June 30th, 2009

Michael Jackson Family Trust was set up as the entity to be used in helping out the recipients of Jackson’s will.  Most importantly, this trust will control Michael Jackson’s estate.  As dictated in his will, he’s giving all his estate to the family trust where all assets will be managed as one rather than separate entities.  This will make it easier for the executors.  Having the trust in place will also help his children in the long-term as well.

In his will, Michael outlined exactly what needs to take place.  Section III of the will drafted in 2002 states that “I’m giving my entire state to the Trustee/s under that certain Restated and Amended Declaration of Trust…All such assets shall be distributed, managed, and held as part of said Trust…”

In other words, Trustees of Michael Jackson Family Trust will have great power when it comes to his assets.  However, if you read between the lines, it would mean that they’ll also need to over-see how many monetary assets as well as the intervals when Michael’s kids will see these funds.

Trusts like these need to be set up to help people awarded with physical and monetary assets in a will.  It will also allow the Trustees to disperse assets at the right time and advise the kids along with it.  Jackson’s mother, Katherine, will retain some rights as guardian of his children; therefore, she has a vested interest in this estate.

Tags: estate, executors, Family Trust, Katherine, Michael Jackson, trustee, trustees, trusts, will
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Event Helps Heroes to Prepare their Wills

Tuesday, June 30th, 2009

Men and women who are putting their own lives on the line each and every day to serve and protect the people should have readied documents to protect their families’ future and assets when an unfortunate event happens to them.  This is according to the lawyers that came to Moriarty Civic Center on Saturday.

Torrance County launched “Wills for Heroes,” a public service program that offers free health care directives, power of attorney, and wills for first responders as well as their spouses.

Eleven attorneys came to draft the documents at Civic Center, many of them coming from Santa Fe and Albuquerque.  First responders were invited from the county including paramedics, police departments, and fire departments.  The service is free, with a potential savings of $600 - the average cost of creating and notarizing all the wills and other documents needed by a person and their spouse.   ”It’s a one-stop shop and the people will have legally active documents when they walk away from here,” said Matt Page, Assistant District Attorney.

“I want to create a will because I don’t want machines to keep me alive if I become incapacitated, and I also don’t want my own family to make these kinds of decisions for me,” says Susan Enchinias, Moriarty Police Officer.  

Tags: Albuquerque, assets, attorney, attorneys, heroes, lawyers, Moriarty Civic Center, police officer, responders, Santa Fe, Wills
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Planned Giveaway of Free Clothing

Monday, June 29th, 2009

On July 11, local residents of Olean, New York, are hosting a large giveaway of food, appliances, and clothing.  This event will be held at 647 S. Union St. South Side Chapel from 9am-1pm.

David Herne, the chapel’s current pastor, established this ministry in 1991.  South Side Chapel is currently under the umbrella of Heritage Aflame ministries.  Paula Ayers, the ministry coordinator, said that they have been shelving clothes since mid-1990s.  She said, “We had property in Bolivar (Main Street) in 1994.  One side of that property was turned into a coffee shop while the other side was converted into a youth game room.  Then, we saw a need for burned out people who need clothing, or for women thrown out by their husbands.”

So they got the property across the street and opened a donation clothing store.  Volunteers sell clothes at quarter and dime prices, “for people who don’t have much money, being able to buy clothing for their kids gave them pride.  But for fire victims or people who truly can’t afford to pay, the clothes have always been given for free,” Ayers concluded.

Rose Levia, a volunteer and member of South Side Union Chapel says, “More volunteers are welcome.  All donations from anyone will also be accepted.”

Tags: Bolivar, clothes, donation clothing store, giveaway, Heritage Aflame ministries, Main Street, New York, Olean, Paula Ayers, Planned Giving, property, Rose Levia, South Side Chapel, volunteers
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Addressing Control of Family Trust

Monday, June 29th, 2009

When you own your own business, there are many things to think of.  Often, ensuring that your personal, business, and financial affairs are in order in case of your death takes low priority.  But if you don’t address this issue, your business ownership may pass on to the wrong people.  “And if you have young or handicapped children, you may want to ensure that their future is financially secure,” writes Max Newnham.

Nowadays, there’s a lot of confusion on how discretionary trust affects one estate.  Also, a person who controls the family trust just because they’re the trustee can’t deal with the trust assets through their will.  Moreover, if the business is owned by trust, the business control is not affected by a person’s will.

There’s common misconception that all power belongs to the trustee.  However, the true power lies in the person called the appointer.  Sure, the day-to-day control of trust is given to a trustee; however, the appointer can remove and appoint a new trustee.

In other words, business owners who bequeath shares in their trustee companies may mistakenly believe that they’ve chosen the person they want to have control of the business.  Normally, the business owner will also be the appointer; but when they pass away, it’s their personal legal representative - which is often the executor - who assumes this power.  So even if the executor is not one of the shareholders in the trustee company, they can still assume business control by appointing themselves and removing your assigned trustee.

Tags: appointer, business, discretionary trust, estate, executor, Family Trust, financial, Max Newnham, ownership, trustee, will
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Will of Michael Jackson Found

Sunday, June 28th, 2009

The family of Michael Jackson believed that he died without a will.  However, their lawyer said that he has one and suggested that there may be other wills that exist related to the late singer’s estate division.

The family attorney, L. Londell McMillan, said “I just saw his will this morning for the first time.  We’re in the process of review.  My various advisers are still looking for other additional documents.  We wish that we have known it earlier.”

This will was drawn by John Branca in 2002.  He’s the attorney of Michael Jackson from 1980 - 2006.  It’s expected that he’ll submit the will to Los Angeles Superior Court by next week.  Mr. Branca and John McClain, music executive and the singer’s long time friend, are the will’s executors.

According to the will, it’s clear that Jackson’s desire was for his mother to take guardianship of his children.  His estate is also believed to be divided between his children, mother, and charities.  They’re not expecting to see the name of his father, Joe Jackson, because they had some troubled relationship.

Although no further details were disclosed about the will’s content, it’s believed that its mere existence greatly affects the petition made by Katherine Jackson, his mother, to become the estate’s administrator.  

Tags: attorney, estate, famiy attorney, Joe Jackson, John Branca, John McClain, Katherine Jackson, L. Londell McMillan, Los Angeles Superior Court, Michael Jackson, singer, will
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Jackson’s Mother Asked to Administer His Estate

Sunday, June 28th, 2009

The mother of Michael Jackson, Katherine Jackson, asked a Superior Court judge in Los Angeles to name her as administrator of the estate belonging to his late son so that she can ensure that the beneficiaries would be his two children.

According to the court filing, Jackson’s parents think that he died without any valid will.  Joe Jackson, the late singer’s father, supported Katherine in her petition.  The court documents also state that Katherine Jackson “has intentions to marshal the assets of the descendant just for the three children’s exclusive use, after expenses of administration and payment of debts.”

Mitchell Beckloff, Superior Court Judge, granted the request for Katherine to assume temporary guardianship of the children; however, didn’t immediately accept her request to be the estate administrator.

So far, a will made by Michael Jackson to find out his wishes for the care of his estate and children has not surfaced yet.  Although Jackson’s funeral is still now in its planning stages, Joe, his father, said that his late son would not want to be buried at the Neverland Ranch, which is the sprawling playground that the entertainer built in Santa Barbara County’s rolling hills.

Tags: court, estate, estate administrator, Joe Jackson, judge, Katherine Jackson, Los Angeles, Michael Jackson, Neverland Ranch, Santa Barbara, singer, Superior Court
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60% of Canadians Don’t Have Wills

Saturday, June 27th, 2009

The chance of catching a fire in your house is only one-in-230; but people are lining up to get property insurance, just to be sure.  Meanwhile, the odds of death are one-in-one; despite this, over 60% of Canadians do not have a will or even a comprehensive estate plan.  This is according to Society of Trust & Estate Practitioners.

Maybe it’s an issue of facing mortality or not wanting to place a burden to the family.  Most of the time, people don’t see any immediate benefit of planning for the estate, or sometimes, they just don’t know where to start.

Everyone should make a will, regardless of your wealth.  An estate is everything you own - this includes property, investments, and real estate.  At the same time, it also includes all the debts you owe.

The objective of most people is to make sure that their family is financially secure when they die (though in some cases, beneficiaries may also include charities or non-family members).  So an effective “will” does not only make sure that it states clearly who should get what, but rather, distributes the assets tax-effectively and efficiently.  It’s also critical that your assets are managed before you are incapacitated or ill.

The first step would be to pull together a team of experts to guide you.  It’s recommended that you include a financial adviser, tax professional, and a lawyer, who can be your overall coordinator.

Tags: debts, estate, estate plan, experts, financial adviser, investment, lawyer, property, real estate, tax professional, wealth, will
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Estate Planning Process

Saturday, June 27th, 2009

Business succession planning should address the continuity and transfer of tangible assets such as equipment and land.  This also includes intangible assets such as people and culture.  Aggressive succession planning encourages transfer of farm or business to the next generation before the death of its owners.

Estate planning is essential because it prevents liquidation of your assets to cover tax liabilities.  It’s an ongoing process of expressing, designing, refining, and adopting the programs, structures, and documents needed to achieve the continuity objectives of your family business.  In addition, it requires communication, refinement, and continual review of necessary plans and transfer to your vendors, key personnel, partners, and family who’ll be affected by your loss.

The process must accomplish three goals:

• *Establish plans for continuity of family assets or family business
• *Initiates transfer of assets to charities and family members prior to death
• *Upon death, completes transfer of assets with minimum administrative hassle and cost, according to your wishes

Be careful to avoid estate planning complexities that often arise out of unfocused objectives, dysfunctional relationships, and special family circumstances.  To protect the rights of your beneficiaries or descendants, hire an estate planning lawyer who will be the executor of your estate.

Tags: assets, business succession, Estate Planning, estate planning lawyer, executor, family business, lawyer, tax liabilities
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Volunteers Honored for Helping Foster Care Kids

Friday, June 26th, 2009

With support for corporations, organizations, and volunteers, a charity for foster care children called Hillsides provides basic necessities and extra attention to each child.  Five organizations and local individuals were recipients of the Hillsides Special Recognition Awards for the duration of annual Angel Awards Ceremony.

Cindy Roberts (a mother of five), Conrad Schlick, (a Sears employee), and many others talk about the inspiration, energy, and warmth that they’re receiving from giving donations and raising funds for the charity.

Also, the charitable foundation of Pasadena Foothill Association of Realtors (PFAR) has long been donating to Hillside (since 1999).  They recognize the charitable foundation for the mission of creating many safe places for foster children.  And their relationship strengthened even more when the director of planned giving and major gifts, Jackie Broxton, gave a presentation at one of their meetings.

The vice chair of PFAR, Brandie Belangerie, became a spirited individual who’s eagerly advocating the service to children and loyal to Hillsides.  She inspired PFAR to consider Hillsides as one of the leaders for its community outreach efforts.

Planned giving will not just lift your spirits, but it would also generate several advantages to your estate as well.  Contact an estate attorney to learn more about its benefits.

Tags: Angel Academy Awards Ceremony, Brandie Belangerie Hillsides, estate attorney, Hillsides Special Recognition Awards, PFAR, Planned Giving
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Trust for Special Needs

Friday, June 26th, 2009

When children have special needs, the parents would most likely worry about their future.  After, they’re gone, they are wondering who will take care of the needs of these children.

So if you’re a parent with this concern, you might consider “special needs trust.”  This is a trust used for disabled children.  It’s designed so that a child can receive government aid and still receive the benefits or inheritance from their parents.  The extra money can be used to enhance their self esteem and improve the quality of their life.  These items may include salon services, appliances clothing, automobiles, and computers.  However, it cannot be used for cash, food, or rent.

Wait-and-See Approach Trust and Omnibus Budget Reconciliation Act (OBRA) Trust are widely used.  Wait-and See Approach is used for high functioning child that may need government aid later while the OBRA is used when a child with special needs receives money from a lawsuit award or inheritance before trust is established.

Setting up a special needs trust may cost a little more, but remember that it’s a one-time setup cost.  You can have quick access to privacy and funds as well as avoid estate taxes.

Tags: children, OBRA, special needs, special needs trust, Wait-an-See Approach
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Crackdown on Fraudulent Charities

Thursday, June 25th, 2009

Federal Trade Commission (FTC) recently announced their campaign on “Operation False Charity.”  This effort will crack down fraudulent charities, which actually lies in the hands of FTC’s partners in this effort - 61 law enforcers, Secretaries of State, and Attorney Generals in 49 states and Columbia district.

“The problem of having fraudulent charities is very real,” said Tony Martignetti, managing director of a New York-based consultancy group called Martignetti Planned Giving Advisors, LLC.  “However, it’s harder to spot these fraudulent charities when 90% of them fund-raising in Florida, New York, California, or other major states are not even registered there,” he added.

Non-profits are controlling about $1.5 trillion (or 10%) of the U.S. economy.  “It will only be a matter of time before state and federal agencies catch up to non-profit sector and combat fraud.  Charity licensing and registration throughout 50 states has been a regulatory morass most non-profits have avoided.  Enforcement by states is nearly non-existent.  In fact, many states don’t even have penalties for noncompliance.” Martignetti noted.

The new IRS Form 990, which is signed by the non-profit’s officer under a penalty of perjury, makes it illegal for nonprofits to avoid state registrations since it calls for a record of states where it’s required to file a copy of Form 990.

Tags: attorney generals, charities, charity, FTC, non-profits, Planned Giving, Tony Martignetti
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Trust Fund Spending Defense

Thursday, June 25th, 2009

Dan Winkler spent over five hours on a witness stand on Tuesday to answer questions about using donations from Huntingdon Church Christ Fund in caring for his granddaughters.  Attorneys for Mary Winkler, the children’s mother, filed a motion that says legal expenses for Dan should be paid back because donations for this fund were primarily solicited to care for and provide future education for the Winkler children.

Mary was convicted of manslaughter for the 2006 killing of Matthew Winkler, her minister husband and also the children’s father.  In the court, Dan said that $226,525.26 was collected in Huntingdon fund and $215,341.75 worth of expenses was withdrawn from this account.  “The current account balance according to records is $11,183.51 because I don’t think more funds were deposited into it,” he testified.

He was co-signatory on the account during the grandchildren’s care, and the church elders informed him that he needs to be taken off it because the funds are being used for attorney’s fees.  Winkler defended himself by saying that the money goes to litigation - he sued Mary to terminate her parental rights so that he (and his wife) could raise the children.  He also said that he never withdrew money from the family trust fund; he just made withdrawals from the account in Huntingdon to reimburse the expenses incurred for the children.

Tags: attorneys, Dan Winkler, Family Trust, Huntingdon, Mary Winkler, Matthew Winkler, trust fund
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Roles of the Testator

Wednesday, June 24th, 2009

A testator is a person who will decide on the beneficiaries of their estate. If there’s no will, the estate will just be divided according to laws of intestacy, and this may result in another outcome which is not the wish of the deceased.

For instance, significant sums of money may pass to the children instead of the surviving spouse.  Though it may be desirable to have some funds for the children, the testator can provide a limit or the final decision on the beneficiaries that he or she decides to give benefit to.

Also, the testator can select an individual to be their executor.  This individual will be responsible for administering the estate of the testator.  Testators should not only choose individuals that they trust, but most important, those whom they think can cope up with the stress of the role.  Also, the executors may need to apply for insurance in order to protect the estate.

Every testator should make sure that he or she has an accurate and up-to-date will since a well-drafted will may also be a very vital tax-planning tool.  More people can be caught up with inheritance tax or death duties, but these can be avoided easily if the testator seriously considered the creation of a will.

Tags: beneficiaries, estate, executor, inheritance tax, intestacy, testator, will
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Alternative Lifestyles Estate Planning

Wednesday, June 24th, 2009

When you say “alternative lifestyle,” it encompasses anything except a legal union of man and woman as a husband and a wife.  But whether you know how to use this term or not, estate planning’s surrounding laws are still predicated on specific family structure.  In many cases, that family structure doesn’t exist, that’s why particular attention needs to be given to estate planning.

For instance, the existing federal estate tax system is allowing unlimited marital deduction coming from estate taxes.  Simply put, even if you’re as rich as Bill Gates, there’s no federal estate tax when you leave all your money to your surviving spouse.

Because federal definition of marriage says that “it’s a legal union between a man and a woman as one husband and wife,” you need to make a different planning technique because unlimited marital deduction isn’t available to you.

Moreover, state and federal laws have default provisions and there are certain rights granted automatically to a spouse.  So if you don’t have a spouse, no one will have those automatic rights.

Estate planning may be difficult for many people.  However, you need to take a very active role to determine your estate plan so that you can make the decision to pass on your estate to the right person when you’re gone.  It’s best to seek the help of estate planning attorneys to assist you.

Tags: alternative lifestyle, attorneys, Estate Planning, Estate planning attorneys, federal estate tax system, marriage
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University of Manitoba granted with Millions from Estate

Tuesday, June 23rd, 2009

In its 131 years of existence, University of Manitoba recently received the largest bequest throughout its history.  The money, $7 million, will ensure that its university library purchases more books.

William and Margaret Strobie gave the gift.  They taught English literature at the university for decades and they want to instill the love of books to young professors and thousands of students.  When Margaret died in 1990 and her husband, William, followed in 2007, he decided to leave their Inuit art, papers, book collection, and a fortune of stocks to the school.

In 2003, William Stobie contacted the university and made an initial outright gift specifically for the library to have an endowment fund and buy books in their name.  The director of planned giving, Beth Proven, met him in 2005 and said, “Before he even talked with anybody, that’s already his wish.  It’s the largest one I ever came across with.”

“Strobie’s wish was very specific,” Proven added.  The money should go into buying books for specific areas of Slavic studies, French, German, Italian, Spanish, English literature, philosophy, and the classics.  It was estimated that the estate will most likely generate $315,000 interest every year to buy these books.

Tags: bequest, books, endowment fund, gift, Margaret Strobie, Planned Giving, University of Manitoba, William Strobie
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Money is thicker than Blood?

Tuesday, June 23rd, 2009

A business lawyer in Toronto, Bliss White, said, “You need to manage succession so that you won’t run into disputes.  You usually run into disputes when you’re in the second generation and other siblings are involved.  An “issue of fairness” will rise, which will create tension and may spillover into a brawl in the family.  These disputes come up when the parties try to take advantage of each other.

“Greed is often the root of family fights,” said Bryan Haynes, corporate lawyer in Calgary.  “It seems that money is now thicker than blood.  However, the problem festers due to lack of succession planning,” he reveals.

Moreover, a lawyer in Toronto, David Malach, said “One way that the family can have peace is for the parents to maintain the company’s voting control through family trust.  It may be structured properly so that the next generation can benefit from the company’s growth.  In the meantime, the parents still maintain control and keep the children in line.”

“Communication is the key.  The founder must make sure that everyone understands the reasons in deciding the roles that each of them will have in the business,” Malach added.  Furthermore, lawyers say that a shareholder’s agreement is also an important document to make when the founder plans to pass the company to the next set of owners.

Tags: Bliss White, Bryan Haynes, business lawyer, Calgary, corporate lawyer, David Malach, disputes, Family Trust, lawyer, shareholder's agreement, siblings, Toronto
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Preventing Family Feuds from Wills

Monday, June 22nd, 2009

It’s easy to divide your assets in preparing a will.  However, the real challenge is to prepare a document that will ensure peace after you die.  “So many wills are like ticking time bombs,” said Les Kotzer, a wills and estate lawyer.  From experience, he knows that a loosely worded will (or no will at all) typically create long-lasting family feuds.

“Too many wills are simply outdated, not worded properly, or doesn’t take into consideration specific family issues.  Quite often, this is a recipe for family battle when I review wills for clients,” he added.

He warned that people are making a big mistake in planning a will when they don’t talk about its contents to the benefactors.  “Often, the topic is considered taboo, especially when kids don’t want to seem greedy and the parents don’t want to talk about death to their kids.  But parents should be talking with their children now,” he emphasized.

This talk should include the decision on who would likely be the best executor.  For example, are you going to pick your eldest son just because he’s good at math and he’s the first born?  It may not be a good idea.  The executor has great power so it should not go to someone who will likely abuse it.

Tags: assets, estate lawyer, executor, lawyer, Les Kotzer, will, Wills
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Make Sure You Have the Right Estate Plan

Monday, June 22nd, 2009

There was once a lady who recently lost her husband.  She is in the midst of settling his affairs but the problem is that she’s having trouble cashing a check from the insurance company because it’s payable to a trust.  However, she claims that they don’t have a trust in place.

After reviewing the check and a pile of papers, the Indiana Bar member, senior trust officer and vice president of First National Bank, Christopher W. Yugo, indeed found a joint trust amendment which changed the trustees.  The amendment was signed by the lady and her husband but she swore that she never met an attorney.

As Yugo probed deeper, he realized that the couple sought the assistance of a financial planner for their estate plan.  Then, the planner took the information to one attorney who prepared the necessary documents.  In the end, the documents were returned to the planner who probably did his best to execute the plan while ignoring the implications of unauthorized law practice.

You can learn two things from this story.  First, be careful who you approach for estate planning advice.  It’s always critical for you to meet with an attorney before executing an estate plan.  Second, it’s important to have a basic knowledge of estate planning.  Furthermore, don’t hesitate to ask a lot of questions to your attorney so that you’ll understand every detail of your estate plan.

Tags: attorney, Christopher W. Yugo, estate plan, Estate Planning, financial planner, trust, trust amendment, trustees
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Options in Planned Giving

Sunday, June 21st, 2009

The most common vehicles or types of planned giving are gift annuities, charitable bequests, charitable lead trusts, charitable remainder trusts, and beneficiary designations.

• 1. Gift Annuities - to establish this, you need to contribute assets or funds to a nonprofit organization. In turn, that organization will give you fixed annuity payments from its general assets. Therefore, a charitable gift annuity can provide you with lifetime income.
• 2. Charitable Bequests - used to describe anything that you leave or give to charity. These may come from a living trust or a will. Anybody (even those with small estate) can arrange a charitable bequest.
• 3. Charitable Lead Trusts - you can designate a charity that will receive regular, fixed amount for a specified time period coming from a trust. Then, at the end of that period, the remainder of the trust can pass either to your designated heirs or other beneficiaries.
• 4. Charitable Remainder Trusts - this allows you or your beneficiaries to receive income coming from trust during your lifetime or a period not exceeding 20 years. The balance of this trust can be transferred to any charity you select at the end of that period.
• 5. Beneficiary Designations - when you designate a charity as beneficiary of your retirement assets or life insurance, you could enjoy certain tax advantages and flexibility in your planned giving.

Tags: beneficiary designations, charitable bequests, charitable lead trusts, charitable remainder trusts, gift annuities, Planned Giving
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Advantages of Revocable Family Trust

Sunday, June 21st, 2009

A trust can only be effective if you own the title to the asset or property.  Remember that when you transfer your assets’ title into trust, it’s called “Funding your Trust.”  And when assets are already moved, then there’s no need for probate because the control of the estate is now transferred to the trustee.

Here are some advantages of using revocable family trust:

• -If ever an accident or illness leaves you incapacitated, then your successor trustee would be able to handle your financial affairs - the court will not need to appoint any conservator or guardian.
• .
• -If beneficiaries are minor children, the trust continues to hold assets until the children reaches a more mature age.
• .
• -If you own real estate properties in several states, you can avoid the hassle, time, and expense of multiple probate proceedings.
• .
• -Husbands and wives can maximize federal estate tax exemptions.
• .
• -Trusts are more difficult to contest compared to a traditional will. In order to invalidate it, either you prove that it’s signed under duress or the maker was incompetent during the signing day.
• .
• -It’s almost impossible to contest family trusts. When wills are contested, the assets are usually frozen, however, assets placed in family trusts can still be distributed pending the legal challenge outcome.

Tags: advantages beneficiaries, asset, estate, Family Trust, family trusts, probate, property, trust, trustee, trusts
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Legal Terms in a Will

Saturday, June 20th, 2009

You’ve probably watched this scene in a movie - a family sits in an office while an attorney reads a last will and testament from their wealthy grandfather.  And then it reads “Being of sound body and mind, I, Reginald V. Gotrocks, hereby bequeath all my fortune and possessions to one person who’s been there for me rain or shine, day in or day out…..my mailman Jim.”

The next thing that would happen is that the family may vow to contest the crazy will of the old man.  Unfortunately, if the will has been properly drafted, it’s one of the iron-clad documents in law.

The truth is that everyone of legal age should have a will.  If not, the court will never know how you intend to dispose your possessions - be it land, money, computer, or your pet cat.

It’s also important to know the legal terms in a will:

• Testator - person who owns the will
• Executor - person who’ll carry it out
• Beneficiary - recipient of the  assets
• Probate - court that will prove the will’s validity
• Bequest - gift of personal property coming from testator to beneficiary
• Codicil - written amendment to the will
• Intestate - a person have died without a will (opposite of “testate”)
• Trust - entity holding assets until later, which also allows the beneficiary to bypass probate.
• .

Tags: attorney, beneficiary, bequest, codicil, court, executor, intestate, probate, testator, trust, will, will and testament
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Critical Factors in Estate Planning Process

Saturday, June 20th, 2009

The nature of your various assets and how you are holding title to those assets are critical factors in your estate planning process.  Before you change title (or take title) to an asset, you have to understand the consequences of your proposed change.  Seek the help of your estate planning lawyer to advise you on:

• *Separate property and community property - if you’re a registered domestic partner or you’re married, the assets that you or your domestic partner earns are part of a community property. However, you can also continue to own separate property. These may be property that you own prior to marriage. Also, inheritance or gifts received during the partnership may be considered separate as well. Community property can be converted to separate property (and vice versa) through a written agreement.
• .
• *Tenants-in-common - for example, several people own property and a co-tenant (co-owner) dies, then the co-tenant’s property interest would pass on to the beneficiaries named in the will.
• .
• *Joint tenancy with survivorship right - single or married co-owners that own property can hold title as joint tenants with survivorship right. Therefore, if one tenant dies, the property would pass on to the surviving tenant overriding the will of the deceased person.
• .
• *Community property with survivorship right - typically, married people would hold title to property by passing it to the surviving spouse in the event that the other party would die. This would also pass on without any influence of the will created by the deceased person.

Tags: assets, community property, Estate Planning, estate planning lawyer, gifts, inheritance, separate property
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Introduction to Planned Giving

Friday, June 19th, 2009

A term that’s commonly used to describe donating to charity during one’s lifetime or after death is called “planned giving.”  This is done while meeting your current needs as well as providing for your heirs.  Also, it’s typically done with estate planning.

From the perspective of the donor, planned giving may be attractive for many reasons.  First, it allows you to give larger gifts out of your existing assets.  And it may also reduce your estate taxes or capital gains, earn higher investment yield, or give you an income stream for life, depending on how you set it up.  These planned gifts normally appeal to people who are not sure how much assets they’ll need during their lifetimes, and at the same time, want to benefit charitable organizations.

Planned gifts may be used to start a private foundation, create a support organization, establish your own fund at any community foundation, or give to a specific nonprofit organization.  The most common planned giving vehicles are beneficiary designations, charitable requests, charitable lead trusts, charitable remainder trusts, and gift annuities.

For more information on these programs, consult an attorney or professional advisor.  You can find them in any attorney listings or directories online.

Tags: assets, attorney, attorney listings, capital gains, charitable organizations, directories, Estate Planning, estate taes, gifts, online, planned gifts, Planned Giving
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Getting to Know Family Trust

Friday, June 19th, 2009

A family trust is also known as a living trust or revocable living trust.  It’s a legal document holding ownership or title to your assets and real property.  When you create a family trust, it means that you will transfer the ownership of your assets to this trust.  This asset transfer is typically called “funding.”

You do not relinquish control when you transfer title.  Therefore, you can still borrow, buy, or sell.  Family trust may look similar to a will because it includes information and details of the instructions for your estate at your death.  Unlike wills, however, properly funded trusts:

• -Do not go through probate,
• -Give you control over assets you’re going to leave to your children or grandchildren, and
• -Prevent courts from controlling assets at incapacity.

In other words, you will not lose control of your assets when you write a family trust.  Also, it enables you to pass the property to your family or loved ones after your death.  In addition, it allows you to pick out a successor trustee (or any appointed person) to make sure that your property will go to the people you chose when you pass away.  As a result, you’ll have peace of mind.

Tags: assets, estate, Family Trust, funding, living trust, probate, property, revocable living trust, successor trustee, title
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You Need a Basic Will

Thursday, June 18th, 2009

It’s a pretty good advice to say that “if you are not doing anything to care for your legal affairs, then you should write a will.”  It’s a known fact that if you don’t create a will before you pass away, the state law will determine who will get your property.  Also, a judge may be the one to decide who will take care of your children.  It’s scary to think that their choice may not be whom you will choose.

You might think that it’s a daunting task to write such an important document.  However, you can confidently purchase software or use a self-help book to create a legal binding will that will:

• -Name a guardian to take care of your children (minors)
• -Name someone to manage the property that you will leave to your children
• -Leave your property to organizations or people you choose
• -Name your executor, or the person authorized to carry out the terms of your will

The safest way for you to make a will is to consult an attorney experienced in helping people create it.  The rule of thumb is that if you’re below 50 years old and don’t expect to pass on valuable assets subject to estate tax, then you can probably have a basic will.  However as you acquire more property in your old age, you’ll most likely engage in a more sophisticated planning.                                                                                                                                               

Tags: advice, attorney, basic will, estate tax, executor, property, state law, valuable assets, will
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What is Estate Planning?

Thursday, June 18th, 2009

It’s important to have an “estate plan” in place no matter how much your net worth is.  Such plan will ensure that your financial goals are met and your family gets your assets after you pass away.

Several elements of an estate plan include: a will, living will or a health-care proxy (sometimes called medical power of attorney), and power of attorney assignment.  For some people, it would also make sense to have a “trust.”  However, you have to be mindful of both state and federal laws governing estates.  That is why it’s important to consult an attorney for your estate planning.

A good place to start is to take inventory of your assets.  These consist of your business interests, real estate properties, insurance policies, retirement savings, and other investments.  Answer these three questions?

1. 1. Who will inherit your assets?
2. 2. If ever you’re incapacitated, who do you want to handle your financial affairs?
3. 3. If you’re unable to make decisions yourself, who do you want to make medical decisions for you?

Remember that everybody needs an estate plan and it’s not just for the wealthy.  Inheritance can sometimes be a loaded issue.  So by being clear on your intentions, you can help dispel potential conflicts when you’re gone.

Tags: assets, attorney, estate plan, health-care proxy, inheritance, laws, living will, power of attorney, trust, will
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Lawyers Advise to Teens: One Prank may Ruin You

Wednesday, June 17th, 2009

Attorneys from Public Defender’s Office gave lectures to junior-high and high-school pupils during the year regarding the differentiation of pranks and criminal acts.  “We are responsible for disseminating the information, and the children should be the one responsible for their choices,” shared Esther Goldfield, Katzir B junior high’s educational consultant in Rehovot.

In 2007, police figures show that around 10% of all caught felons were minors - almost 14,000 teenagers and children.  Moreover, there were 33,000 files of teenagers for property offenses and violence.

“When you walk with a knife inside your pocket, it might give you security so when other children want to assault or hurt you, you’ll just take it out in response.  However, you have to know that possessing the knife is already breaking the law and may give you five years in prison,” said attorney Gil Edelman.

Another example is taking a cell phone that belongs to another pupil.  “When you use force without the permission of the owner, then it’s a qualified theft according to the law.  And if you demand money for the return of the phone, it will be considered as extortion by threat,” he added.

The lecture program has assumed that most teenagers are not too familiar with the law.  They may not realize that a simple prank joke can become a criminal act.

Tags: attorney, attorneys, children, Criminal, criminal acts, Esther Goldfield, felons, Gil Edelman, Katzir B, minors, pranks, Public Defender's Office, Rehovot
Posted in Criminal, Criminal News | No Comments »

Medical Malpractice Happens

Wednesday, June 17th, 2009

Medical hit-and-runs happen when patients are gravely injured or killed by medical error. These are errors that can be prevented but sometimes, nurses and doctors pretend like nothing happened. This occurs almost every day across America. However, most patients cannot tell the difference between “normal stuff” and preventable harm.

And when families learn the truth either from accident or from hiring a lawyer, their confidence and trust in the medical system may vanish in an instant. The medical injury compounded by lying and betrayal carries a long-lasting and searing pain for these families.

The only way that these victims of medical malpractice can fight back is through their right to sue. Certainly, they can claim financial compensation to stave off the possible bankruptcy of a serious injury or death. These cases can leave the family with huge medical bills or unending debt.

Remember that the healing process for these medical injuries is filing a lawsuit. Some say that they don’t really want revenge, just to save other people from experiencing the same thing.

It’s possible that the medical industry today is beginning to neglect patient safety. More than a decade after entering the 21^st century, the industry denies the legitimate role of patients in enforcing and monitoring their own safety. In fact, a complex structure of “privilege” and confidentiality laws are ensuring that safety reviews are never reported in any form accessible to the public.

Tags: Injury, lawsuit, lawyer, medical, medical industry, medical injury, medical malpractice, system
Posted in Injury, Medical Malpractice | No Comments »

Succession Planning is Necessary

Tuesday, June 16th, 2009

If you own a part or all of a closely-held business, you’ll have to put value to that business whether you like it or not. Otherwise, the IRS will.

Many things can happen, like selling or gifting a family business to the children, divorce (where valuation can become a very expensive legal battle), or death (where valuation is require for estate tax purposes). If there is a wrong valuation of your business, it can rob you of your hard-earned dollars. And your family will be affected as well. What’s worse, there’s even a possibility that you’re business might just be sold to taxes.

Make no mistake; it’s very easy to transfer business ownership to your kids. Just follow these simple steps:

1. *Recapitalize your company by converting majority of the old voting common stock into non-voting stock.
2. *Get an appraiser to value your non-voting stock.
3. *Take appropriate discounts – the law allows three separate discounts: minority discount, lack of marketability discount and non-voting stock costs less than voting stock discount.
4. *Elect S Corporation even if you’re now a C corporation.
5. *Transfer to your children only the non-voting stock.

A lawyer and a certified public accountant can help you with this process. You can find these professionals through referrals or lawyer listings online.

Tags: business, Divorce, IRS, lawyer, lawyer listings, online, referrals
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Stallworth gets 30 Days Jail Time

Tuesday, June 16th, 2009

Prosecutors announced that Donte Stallworth, wide receiver of Cleveland Browns, will spend jail time of 30 days for DUI manslaughter under plea agreement terms. In March, he accidentally killed a construction worker, Mario Reyes, because he was driving under influence of alcohol.

Stallworth pleaded guilty and began serving his sentence right away. He also offered deep condolences to the family of the victim. “Though I can’t bring back Mr. Reyes, I will honor his memory through my commitment of time, resources, and voice in educating the whole community regarding the dangers of DUI,” he said in court.

Katherine Fernandez Rundle, state attorney, called it a “just” judgment and mentioned that the Reyes family has fully supported the plea agreement. They noted that Stallworth cooperated well with the police and also didn’t have any criminal convictions or even traffic violation records.

Stallworth’s defense lawyer, Chris Lyons, told the press that his client reached a financial settlement amicable to the Reyes family. He doesn’t want to disclose the amount but said that Stallworth has accepted responsibility with what he has done and has also shown genuine remorse. After his release, the athlete will still face house arrest of two years. He can still continue to play professional football but his license was already revoked for life.

Tags: attorney, Chris Lyons, Cleveland Browns, Defense lawyer, Donte Stallworth, dui, Katherine Fernandez Rundle, lawyer, Mario Reyes, prosecutors
Posted in Latest Legal News, dui | No Comments »

Crisis in Public-defender Offices

Monday, June 15th, 2009

Kimberly Hurrell-Harring admits that what she has done wasn’t the brightest decision she made. But when her husband pleaded with her to bring a very small amount of marijuana to “get high” in his awful maximum-security prison, she consented. So she drove 7 ½ hours to visit him and hid the dope in her private part.

Someone may have been listening because as soon as she arrived into Great Meadows Correctional Facility, the guards immediately yanked her and told her that things would be easier if she just hand over the dope without fuss. However, as soon as she did, she was handcuffed and immediately brought to jail.

No public defender was available during her arraignment and she has no money to hire her own lawyer. So standing alone in court, she was charged with a felony count of bringing a dangerous contraband to prison. And since she could not afford bail, she went back to jail.

A public defender appeared after three weeks and spent 15 minutes with her before the sentence hearing. The advice was to plead guilty and not to fight the recommended punishment of the district attorney, which is six months behind bars as well as five years of probation.

She begged that she has no criminal record and there might be a chance that a small possession of pot could be considered a misdemeanor. However, it seems like the attorney has no time for her.

Tags: attorney, Criminal, district attorney, Great Meadows Correctional Facility, Kimberly Hurrell-Harring, marijuana, public defender
Posted in Criminal, Criminal News | No Comments »

DNA Samples obtained by Tasers

Monday, June 15th, 2009

A New York State judge ruled that it’s permissible for police to obtain a DNA sample from suspects by zapping them with a Taser as long as it is done without excessive extent, malice, or resulting injury.

Sara Sheldon Sperrazza of Niagara County decided to obtain another sample of DNA from Ryan Smith (accused of shooting and gas station robbery) because the first one was sent to the wrong lab by the police. As a result, the DNA sample was opened and spoiled.

When Smith refused to give another DNA sample by swabbing his inside cheek, police zapped him with the electronic stun gun (50,000-volt). Patrick Balkin, his defense lawyer, denounced this. He said, “The judge’s decision means that you can enforce any court order by force, and just Taser anybody anytime.”

On the other hand, Sperrazza cited the Criminal Procedure Law of the state and numerous legal precedents. Also, Officer George McDonnell, the one who used Taser on Smith testified that he only used it for one to two seconds, when the data readout on it says that it can be used for four seconds.

Balkin still insists that the court waived the due process of his client. On the other hand, McDonnell reported that the suspect never complained of injury and none was observed as well.

Tags: DNA, George McDonnell, lawyer, New York, Niagara County, Patrick Balkin, Ryan Smith, Sara Sheldon Sperrazza, Taser
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GPS Used by Divorce Lawyers

Sunday, June 14th, 2009

Private detectives and U.S. divorce lawyers have a useful tool used to catch cheating spouses – it’s the GPS (global position system). The cost of cheaper models of GPS these days is less than $1,000. And one of the big advantages of having one is concealing the device in any hiding place, such as a glove compartment of a car, and then tracking the whereabouts of a spouse.

The good news is that you can do this legally. According to a private investigator, Paul Ciolino, “You can sit outside the house for days and nothing can happen. And it gets expensive when you hire someone out there 14 hours a day for $120 an hour and then nothing happens. However, when the GPS says that the car is going to a certain location at 2pm every Thursday, now, you can take a look.”

Last year, results from a survey of divorce lawyers revealed that 88% of them use electronically-obtained information more often than others. Records of computer use, toll-pass data, and GPS are the most common ones. A divorce lawyer, Enrico Mirabelli, also began to use GPS tracking almost a year ago. He says that GPS is more detailed than electronic toll-pass information.

Tags: Divorce, Enrico Mirabelli, GPS, lawyer, lawyers, Paul Ciolino, private detectives
Posted in Divorce, Divorce Lawyer | No Comments »

Illinois Driving Relief after DUI Conviction

Sunday, June 14th, 2009

If you’re convicted of DUI in Illinois, your driving privileges and driver’s license will be revoked. And if you’re like many individuals, it’s crucial for you to obtain driving relief by fully reinstating your driver’s license or at least through a restricted driving permit.

To obtain these, you have to appear before the Secretary of State in Illinois. But your success in this hearing would depend on your preparation, as well as your lawyer’s.

Take note that the penalties of a DUI conviction in Illinois are as follows:

1. 1^st offense – your driver’s license may be revoked for one year.
2. 2^nd offense – your driver’s license will be revoked for five years or more.
3. 3^rd offense – your license will be revoked for at least 10 years.
4. 4^th offense – you will have a revoked driver’s license for life!

You will not automatically get a reinstatement of you driver’s license after your revocation period. You will have another formal or informal hearing depending on your driving record. Nevertheless, it’s very possible to win even at your first hearing. Always talk to an experienced lawyer to assist you in your license-reinstatement case. These lawyers can be found in any lawyer directory online.

Tags: conviction, driving privileges, dui, Illinois, lawyer, lawyers, license, online, reinstatement
Posted in dui, dui illinois | No Comments »

Limiting Conditional Sentences

Saturday, June 13th, 2009

On Monday, a new legislation will be introduced in Vancouver House of Commons. This legislation announced on Saturday by Attorney General Rob Nicholson (Minister of Justice) would end conditional sentences given to serious crimes.

According to the bill, offenders committing serious crimes should receive an imprisonment term instead of a conditional sentence, which is usually less than two years of community service or house arrest. Nicholson said that previous attempts to introduce alike legislations did not push through in Parliament.

He said the government will submit the proposal on Monday. As a result, “this will restrict the people’s ability to obtain conditional sentencing. It’s also consistent with the efforts to increase the confidence of the public in criminal justice system. Likewise, it would ensure that criminals committing serious crimes will receive sentences commensurate to their actions,” he emphasized.

This proposed legislation is expected to pick up where the “Act to Amend Criminal Code” has left off. Previously, that bill aspired to remove conditional sentencing for offences with 10 years or more maximum sentence.

The 2006 legislation has been altered during the parliamentary process and a lot of serious offences that should be ineligible for conditional sentences proposed by the bill were removed. “So now, the new proposed legislation will hopefully make it clear to the courts which offences should not be eligible for conditional sentences,” Nicholson concluded.

Tags: attorney, conditional sentence, crime, Criminal, House of Commons, imprisonment term, legislation, Rob Nicholson, Vancouver
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Important Medical Evaluation after an Accident

Saturday, June 13th, 2009

Accidents can happen anytime. However, most people don’t think of seeking medical treatment right away following an accident. This is true especially if they don’t have any visible signs of injury. Insurance companies know this, that’s why they attempt to record a statement right away after the accident. Then, they would use that statement to argue that you are not injured seriously.

The biggest mistake that people make is to dismiss medical care when they’re involved in an accident. Oftentimes, this is difficult because you have to deal with many concerns such as rental expenses, towing bills, car repairs, and reporting the accident to the insurance companies.

However, even if everything looks fine outside, meaning, you don’t have apparent lacerations, bruises, cuts, or fractures, you could still sustain permanent and significant injury in the accident. For example, you can have a spinal disc injury and even a traumatic brain injury (TBI) several days or weeks after the accident.

TBI’s are caused when there’s a forced impact causing a “ricocheting” effect between skull and brain. Even with a minor, moderate impact and seatbelt on, you could still sustain TBI and brain bleeding when your skull and brain collides.

Tags: accidents, Injury, insurance companies, medical treatment, spinal disc injury, traumatic brain injury
Posted in Injury, Personal Injury | No Comments »

When Women Earn More than Their Spouse

Friday, June 12th, 2009

Problems can come up when wives earn more than their husbands. This is not always easy, and it’s becoming more common. Reports from Bureau of Labor Statistics state that already 30% of married women make more than their husbands.

It’s not at all surprising, when unemployment among men stands at 9.4% as compared to only 7% for women. Moreover, women are already making great advancements in the whole top-tier workforce. According to Catalyst, almost 43% of senior officials, managers, and legislators are women.

In a relationship, money is really a complex topic. It also doesn’t help that many Americans make it a taboo subject. Couples will not often confront financial problems unless the issues become serious.

Divorce attorney Stacey Phillips shared that she had 20 female clients who divorced due to money issues rising from differences in salaries. Other experts agree that it’s much easier to navigate when there is already a difference in earning capacity from the beginning of the relationship. The biggest problems will rise when the men (who used to be high earners) lost their well-paying jobs and the wife would eventually become the breadwinner.

Financial advisers encourage all couples to discuss money matters and the role of each person in the relationship. This is because certain things like having children, varying salaries, or crisis in the economy are always changing.

Tags: attorney, Bureau of Labor Statistics, Divorce, money, Stacey Phillips, unemployment
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59% Increase in DUI Arrests

Friday, June 12th, 2009

Mesa County Sheriff Department’s DUI (driving-under-the-influence) arrests are up 59% this year. According to the deputies, they made 61 arrests by June 2008 and already made 103 so far this year.

21^st Judicial District’s chief deputy district attorney, Dan Rubinstein, announced “We are very happy to hear that.” The deputies are being extra vigilant in working checkpoints with Colorado State Patrol troopers and have been watching intoxicated drivers while working their shifts.

Just last year, Rubenstein requested Rep. Steve King (R-Grand Junction) for a bill that would make repeated DUI as a felony. However, he said “It’s very frustrating to see that this bill failed to become a law.”

There have been five cases of alcohol-related motor vehicle deaths recently in Mesa County for this year. “Obviously, we had a number of DUI related deaths, and word has to spread that law enforcement would be getting them here,” Rubenstein added.

Costs of a first-time DUI arrest can go up to $10,000. Heather Benjamin, the spokeswoman for Sheriff Department warned, “It’s just not worth it, so better not do it. If you want to drink, make sure you designate a sober person to drive you home beforehand. Otherwise, take a cab, ride the bus, or walk – just don’t drink and drive.”

Tags: attorney, Dan Rubinstein, dui, Heather Benjamin, Mesa County, Rep. Steve King, Sheriff Department
Posted in dui, dui colorado | No Comments »

Overseas Detainees Still Being Mirandized

Thursday, June 11th, 2009

Some detainees that were captured and held abroad are still being read Miranda rights in order to preserve evidence for potential prosecution. Obama administration officials said that Bush administration also did this in some instances related to certain criminal cases.

Although the actual Miranda rights differ depending on the state, they would adhere to court ruling that “prior to investigation, the people in custody must be informed of their rights to remain silent and anything that they say may be used against them in court. They must also be clearly informed that they have the right to consult attorneys and to have those attorneys present during questioning. Also, an attorney will be provided at no cost to represent them if they are indigents.”

Rep. Peter Hoeskstra (R-Mich), House Intelligence Committee’s ranking Republican, expressed his concern about this news. “The last thing we want is to let the al-Qaeda terrorists remain silent. We should be focused on knowing and preventing the next attack. We can’t give these radical jihadists new tactics they could use to resist interrogation,” he said.

In March, President Obama was interviewed by 60 Minutes and he said “the whole Guantanamo premise promoted by Cheney (Vice President) was that the American justice system is somehow not equipped to deal with these terrorists. I disagree with that. So do you think these folks deserve to be treated the same way as a shoplifter in the neighborhood block? Of course not.”

Tags: al-Qaeda, attorney, attorneys, Criminal, detainees, Miranda rights, Obama, Peter Hoekstra, rights, terrorists
Posted in Criminal, Criminal News | No Comments »

Immediate Snow Removal Law

Thursday, June 11th, 2009

Park Ridge City Council is focused on snow while most of their citizens are probably looking forward to summer and sun. An ordinance that requires all businesses to clear their own sidewalk of ice and snow immediately after a snowfall or else risk being fined is considered by aldermen. As part of this discussion, they also reviewed proposals to allow police to ticket those residents throwing snow onto public streets from parkways, sidewalks, and driveway aprons.

The proposed ordinance states that business owners may be fined with $50 for each day that their sidewalk accumulated two inches of snow within 24 hours. Tentative support on Monday night was given by Aldermen Frank Wsol, Jim Allegretti, and Rich DiPietro.

Park Ridge Chamber of Commerce executive director, Gail Haller, found no negative impact of the new law. She said that most businesses are already clearing their sidewalks voluntarily.

Allegretti said, “I don’t want the businesses to be opened to lawsuits. This ordinance would protect business owners if ever someone suffered an injury after falling down on a shoveled pavement that may not yet be completely clear of ice.” Also, Everette “Buzz” Hill, City Attorney, said he would verify an existing state law preventing liability.

Tags: aldermen, attorney, Frank Wsol, Gail Haller, Injury, Jim Allegretti, law, lawsuits, ordinance, Park Ridge City Council, Rich DiPietro
Posted in Injury, Personal Injury | No Comments »

An Amicable Senior Divorce

Wednesday, June 10th, 2009

These days, there is a growing divorce rate among seniors as people live longer. And when seniors divorce, they confront different problems compared to the younger ones. Younger couples usually focus on visitation and child support issues while these are some considerations for a senior divorce:

· Life Insurance – is there a policy?

· House – seniors usually have more home value than young couples. Sometimes, they even own more than one home.

· Retirement benefits – do the beneficiary need to be changed when one spouse has been relying on the other one’s retirement benefits?

· Health insurance – typically, one spouse is relying on the health insurance of the other.

Since these issues may be expensive to litigate and complicated to deal with, a mediator can help facilitate an amicable settlement and sort through these issues. They can also work them in a less contentious and cheaper way than bringing it to court. These mediators can meet with the couple and allow a discussion in a non-confrontational manner. The common goal is to address both spouses’ interest and produce an agreed settlement.

Remember that some attorney’s can also function as mediators. They may not necessarily bring the case to court if not needed. Once a mediated agreement has been signed, it only needs to be filed in court and is considered binding.

Tags: attorneys, Divorce, health insurance, house, life insurance, mediation, mediator, retirement benefits, Senior Divorce, seniors
Posted in Divorce, Senior Divorce | No Comments »

Top DWI Fatalities among Large Counties

Wednesday, June 10th, 2009

Among the most populous counties in the nation, the highest rate of DWI-related traffic deaths belongs to Harris County. In fact, this claim was backed up by a series of horrible crashes in recent days.

Experts agree that limited public transportation and an urban sprawl that would lead their 3.9 million residents to drive many miles are partly to blame for their high DWI fatality. Meanwhile, the county jail is constantly filled with DWI suspects due to more officers and stepped-up reinforcement patrolling roadways at peak times. Added to this mix is the public’s stubborn reluctance to get cabs or rely on designated drivers when they get drunk.

“Our biggest problem is dealing with driving after we start drinking – we just don’t make plans before we drink,” said Paul Lassalle, an officer of DWI task force Police Department in Houston.

Each year, the cases of driving while intoxicated number to about 10,000. Due to this, district attorney Pat Lykos has called the DWI problem of the county as “pandemic plague.” He hopes to lower the rates by offering a pretrial probation term to first-time offenders, in hopes that it will avoid conviction and get them into treatment.

Tags: attorney, district attorney, driving while intoxicated, dwi, Harris County, Pat Lykos, Paul Lassalle
Posted in dwi houston | No Comments »

Limitations for Bringing Old Court Accusations

Tuesday, June 9th, 2009

Two states created legislation windows opening up new time periods for childhood sexual abuse victims to seek civil court redress. California allowed these victims to file a case against their employer or abuser within one year regardless when the abuse occurred. Then, Delaware followed in 2007, this time giving people two years of leeway in bringing their accusations to civil court.

Moreover, New York state legislators are debating for a one-year statute this year. Other states are also mulling over similar measures.

These statutes of limitations for civil or criminal actions help avoid circumstances where testimonies rely on faded memories, documents have disappeared, or the evidence is incomplete. However, when high-profile abuse scandals (allegedly perpetrated by Catholic priests) occurred decades ago, a few states saw a particular need for “window laws” that could open the courts again temporarily and allow remedies of past grievances through civil actions only (not criminal prosecutions).

Supporters of these laws say that people who didn’t know or disclose that they’ve been harmed will benefit the most. But others say that such laws may inevitably raise questions of fairness and constitutionality.

Some defense attorneys say that the only reason these cases are brought up is to wrench money from the church, since many of the named perpetrators are already retired or dead, and it’s almost impossible to defend these cases.

Tags: California, child abuse, Criminal, defense attorneys, Delaware, legislation, statutes of limitations
Posted in Criminal, Criminal News, Sexual Harassment | No Comments »

The Truth about Dog Bite Cases in Florida

Tuesday, June 9th, 2009

Dog bite attacks that cause injuries are approaching almost five million every year. Therefore, it’s critical for every Floridian to know the truths and myths regarding these cases.

Dog-bite victims are quite favored by the public, the state’s legislature, and the insurance industry compared to other tort law areas. Attorneys litigate both common cases (scars) and severe ones (disfigurement).

Florida adheres to a very strict liability statutory framework imposed on dog owners. Liability is established if:

• *The defendant truly owns the dog.
• *The attack occurred while in a lawfully private location or in a public place.

Hence, trespassers are excluded from potential dog bite statute protection. However, there may be an implied invitation that can be sufficiently used for defense depending on the circumstances of the case. Furthermore potential recoveries may be reduced through a comparative negligence committed by the plaintiff.

In addition, some victims are animal lovers by heart – they fear that the dog will be euthanized if they make an injury claim. But it’s important to know that the dog will not be placed in any danger or be taken away from his home if the victim did not press this issue with animal control.

Tags: attorneys, disfigurement, dog bite, Florida, Floridian, law, negligence, scars, tort, tort law, trespassers
Posted in Injury, Personal Injury | No Comments »

Prenuptial Agreements may be a Smart Move

Monday, June 8th, 2009

A prenuptial agreement spells out the rights of each party and the assets that they are bringing into the marriage. Having this before a wedding may lessen the incidence of a messy divorce.

Since 40% of marriages usually end in divorce (based on Census data), it would be worth considering a prenup especially for people with significant assets, no matter how uncomfortable it sounds.

But before you draft this agreement, find out if a prenup makes sense for you by answering these questions:

1. Is it for me? – Prenups protect people at all kinds of income levels. They’re not just for the rich.

2. How much will I pay? – The cost would probably be a thousand dollars or more. Some attorneys may charge $1,500 to draw the document either for an hourly rate or a flat fee.

3. What does it cover? – A prenup’s objective is to sort out “who will own what” in case of a divorce as well as what debts or properties must be shared in marriage.

4. What should not be covered? – You can’t waive away children’s rights. However, you could state how the child must be raised.

5. How often should it be updated? – It is a good idea to update your prenup when there are significant changes in your situation or events such as career change, inheritance, or birth of a child.

Tags: attorneys, Census, Divorce, marriage, prenup, prenuptial agreement
Posted in Divorce, Divorce Law | No Comments »

Victims Pay for DUI

Monday, June 8th, 2009

Mothers Against Drunk Driving (MADD) in Bucks County all flocked to James Michener Art Museum to hold a vigil. Present were Michael Egan, Bristol Township police officer; David Zellis, First District Asst. Attorney; and Colleen Fuller, a DUI victim.

More than 60 people have gathered in the courtyard of the museum. Egan, 33, retold the incident on Aug. 27, 2005 when his life changed because of a drunk driver. “I remember that I was so thirsty. It turned out that the reason is because I lost a lot of blood.”

Egan lost his leg because a drunk driver struck him and Mark Buzby (his fellow officer) while they’re working on a Route 413 accident scene. He was hospitalized for 47 days and he won’t be able to carry his 2-year old daughter as a result.

Moreover, Zellis lamented that the perception of society to DUI has to change. “We have a community desensitized to drunk driving, and that has to change,” he said.

Many speakers went up to tell their tales of losing a loved one or becoming a victim. One of then is Fuller. She was just 26 years old when a running truck (60mph) struck her vehicle in the rear. Although her car is not moving, she was pushed in the back of a big tractor-trailer a few years ago. She suffered many fractures, numerous internal injuries, and a broken back but the drunken driver didn’t have a scratch.

Tags: attorney, Bucks County, Colleen Fuller, David Zellis, drunk driver, dui, James Michener Art Museum, MADD, Michael Egan
Posted in dui | No Comments »

Privacy and Rights after a Criminal Conviction

Sunday, June 7th, 2009

Whether you have a prison sentence or just a payment of fine on your record, these are still histories of conviction. But even if you have been a convicted criminal, you still have privacy and rights under Human Rights act. In other words, others should respect your right to have a private family life.

First of all, you need to know that you’re obliged to declare your conviction record when you’re applying for a credit card, insurance, new home, or even a job. But after some time, you’re no longer required to do so (called the rehabilitation period). This period would depend on the sentence that you served.

Another thing is that you no longer have the right to request the destruction of data found during an investigation involving you – these are your DNA samples, photographs, or fingerprints. The police are entitled to retain samples and prints on these records since the 2001 terrorist attack.

Here are other rights after a criminal conviction:

· Rights to Privacy – the media must respect your private life because your name and details should be protected by Data Protection Act. You are entitled to contact a defense lawyer and sue if there’s any breach unless organizations or employers require these details when you’re applying for a loan or they’re hiring you for a “position of trust.”

· Rights to View your Prison Records – the prison office should provide you a copy of your records when you request it. You also have the right to correct any of the errors in it.

Tags: conviction, Criminal, Defense lawyer, Human Rights act, privacy, rehabilitation period, rights
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Product Liability Lawsuits

Sunday, June 7th, 2009

The law that deals with consumer products causing injury or death to consumers is called “product liability.” This area of law protects the people from defective or harmful products that individuals or companies manufacture or sell.

Product liability covers any product involved in accidents due to malfunction of its purpose. Unfortunately, there are thousands of preventable deaths occurring each year which results to many individual and social losses including job loss, healthcare costs, injuries, and deaths caused by faulty products.

Some major examples include baby product defects, faulty hospital beds and products, ATV accidents, defective tires, or SUV rollovers. In product liability lawsuits, your attorney will make sure that there’s evidence of faulty product stemming from the way it was manufactured. Before filing a case, attorneys have to make sure that the manufacturer is the one at fault, rather than other external reasons. Also, the injury sustained should be directly linked to the product malfunction.

So if you, your family, or your friends have been injured and the cause is a product’s malfunction, remember that there may be monetary damages paid to you. The first step would be to contact a good injury attorney for consultation. You can find these attorneys in online directories all over the web.

Tags: attorney, attorneys, damages, defective, Injury, injury attorney, law, malfunction, online directories, product liability
Posted in Injury, Personal Injury | No Comments »

How do Teens Deal with Divorce?

Saturday, June 6th, 2009

Many changes happen when parents of a teenager go through divorce. He or she may have to deal with unpleasant feelings of the mom or dad towards each other, changing schools, or even moving homes.

Money matters may change a lot too. For example, a non-working parent may need to pay for mortgage or rent. Therefore, he or she should go out and find a job. Maybe this could be something that the parent is excited about. At the same time, however, it can also be pressuring and nerve-wracking.

Added to these are the expenses incurred during the divorce, starting from attorneys’ fees to other incidental court expenses. As a result, the teens should understand that the family may not afford some things that they used to have before.

Furthermore, practical or social challenges include traveling between parents and creating a new schedule routine. Attorneys know that the parents need to go to court and determine custody arrangements. This seems to be the most difficult change in the life of a teen. Eventually, the teen may have to accept these changes in the long run. And how they cope with this stress depends on their situation, personality, and support network.

Tags: attorneys, Child Custody, Divorce, money matters, teenagers, teens
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Lasting Effects of DUI

Saturday, June 6th, 2009

Most likely, your concern when arrested for DUI is your immediate freedom and restoration of driving privileges. These are very pressing concerns because a DUI conviction typically leads to loss of driving privileges and prison terms.

However, there are long-lasting effects that you need to handle after settling your immediate concerns. Aside from the economic effects, the criminal record or history will haunt you forever.

It will be much worse if your DUI offense was as a felony. This consideration would depend on the case specifics (habitual offender, property damage with high value, serious injury/accident/or death, etc.).

So if you have a felony DUI, then you need to reduce it to a misdemeanor at least. Your DUI attorney can help you with this. Basically, you would need to obtain a “pardon” by petitioning your state Governor and requesting for a conversion of your felony case to a mere misdemeanor.

Then, once pardon is obtained, you can go through an “expungement” process where your misdemeanor record can be cleared. Of course, this may not be granted to all cases, but there’s no harm in trying. Again, it’s important to do all these with the help of your DUI attorney. You can search online for various attorney directories in order to find the right professional help that you seek.

Tags: attorney directories, criminal record, dui, dui attorney, expungement, pardon
Posted in dui, dui attorney, dui laws | No Comments »