Microsoft Seeks Legal Action Against Barnes & Noble, Foxconn and Inventec

Thursday, March 24th, 2011

Horacio Gutierrez, Microsoft’s corporate vice president and deputy general counsel of Intellectual Property and Licensing, has made some statements that indicate Microsoft has fired legal shots against Foxconn, Inventec, Barnes & Noble who are associated with manufacturing of Nook color.

According to Microsoft these companies have broken the patent regulations in which some of the patents are owned by the corporate Microsoft who wants profit off those patents. Mr Gutierrez has made further claims that these companies have refused to fullfill the licensing condition and while he has been trying to reach them in regards to the licensing agreements he admits that he was quite unsuccessful in such endeavor. So Microsoft corporation had no other way and decided to pursue legal action against Barnes & Noble, Foxconn and Inventec.

Tags: attorney, corporate, lawyer, legal, legal action, patent law, patent lawyer, patents
Posted in Copyright Law, Latest Legal News, Legal News, Uncategorized | No Comments »

Canadian Government’s stand against Ontario prostitution ruling

Saturday, November 20th, 2010

The battle against legalizing prostitution in Ontario continues. Minors being prostituted could potentially rise and sex workers coming to Ontario: That’s the dangerous scenario being showcased by the provincial and federal governments if the courts fail to uphold key provisions of the country’s prostitution laws.

The attorney who successfully challenged the laws that effectively criminalized prostitution says he doesn’t believe in the proposal that the federal that government will lay out at a hearing next week. The law remains in place but what will happen next.

Tags: attorney, court, government, law, laws, lawyers, prostitution
Posted in prostitution | No Comments »

Teen charged with attempt to fire gun on officer

Wednesday, November 17th, 2010

Teen has been charged for attempted murder while trying to shoot a Toronto police officer.

Officers say the incident began when they started to question three males for an illegal crossing. When the police began to question the suspects began to run away.

They then began to chase the suspects and found narcotics with weapons.

One of the suspects then made a quick turn and tried to fire back at the officers. He was then apprehended and police seized another loaded gun.

Tags: attempted murder, attorney, Canada, gun, narcotics, police, Toronto
Posted in Criminal, Defense lawyer | No Comments »

Transfer Wealth through Trusts

Sunday, October 4th, 2009

Transferring wealth to the next generation is a very noble goal.  However, you may be hesitant to transfer wealth through a trust because you think that it may be expensive.  But if you think about it thoroughly, you will realize that simply handing it over to your children or grandchildren have a lot of risks, especially if the beneficiaries are still minors. 

Let’s face it - kids may sometimes be impulsive and easily influenced.  So how do you give inheritance to someone who’s not mature enough to handle their own money?  One way is through trusts.  You will have full control because you’ll be the one to establish its terms and conditions.  For example, you can make it restrictive and give the money to the beneficiary only when the right time or reasons come.

Of course you need to do a cost-benefit analysis for this purpose.  It doesn’t make sense for you to create a trust if you intend to fund it with only $500.  It’s not to say that $500 is not a lot of money, but just don’t make the mistake of spending three times as much in setting up a trust if you will only put $500 in it.  It’s best to consult an attorney regarding this concern if you want a sound advice.

Tags: advice, attorney, beneficiary, children, control, grandchildren, inheritance, kids, trust, trusts, wealth
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Estate Planning is for Children Too

Wednesday, September 30th, 2009

Do you know that when your children reach 18 years old, you will no longer be allowed to make medical decisions for them?  Actually, your right to see their medical records or speak to their doctor is no longer compulsory enforced.

Any parent has a fear of hearing that their child was involved in a medical emergency - whether it’s a physical catastrophe or a car accident, they would usually be notified or rushed into action.  However, under the law, your own 18-year old and above children need to name you as a health-care proxy first before you can have anything to say about their medical treatment.

Health-care proxies are documents allowing you to assign another person to make medical decisions for you if you’re unable to do it yourself.  Another document, called the living will, is a statement of medical wishes if you become ill.

Therefore, estate planning is not only for seniors.  Adult children should also have durable power of attorney as well as a health-care proxy too.  Since these are complicated documents, it’s best to speak to your family attorney.  If you don’t have one, just seek advice from any qualified estate planning attorney in your state.

Tags: adult, attorney, children, documents, Estate Planning, health-care proxy, law, living will, medical, parent, seniors, will
Posted in Estate Planning, Wills | No Comments »

Education Savings Plan in Estate Planning

Sunday, September 20th, 2009

Estate laws truly affect your assets.  Most of your assets constitute your estate when you pass away.  And since you know that an estate over $3.5 million will be taxed up to 45%, you may want to keep your estate below that level.  In order to do that, you can give gifts or acquire a 529 education savings plan.

Actually, this kind of education savings plan would allow you to select any relative or friend as your beneficiary.  That person is expected to incur education costs.  Moreover, the plan offers flexibility like for example; you can change the beneficiary any time, change investment elections, and make various contributions to the account.

You can choose from several 529 accounts that may be available in your state.  If you’re a resident of Ohio for instance, you can choose Ohio 529 plan and deduct your contributions from the state income tax.  Currently, IRS rules are allowing investors to make large lump sum contributions to the 529 plan.  In 2009 you can contribute up to $65,000 for individuals or $130,000 for couples.

So 529 education savings plan not only allows you to help your children grandchildren, nephews, nieces, and other loved ones from pursuing education, it would also allow you to qualify for tax deductions.  Seek advice from your estate planning attorney whether this strategy could be applied in your situation.

Tags: assets, attorney, education, estate, Estate Planning, laws, Ohio, plan, savings, strategy, tax deduction
Posted in Estate Planning | No Comments »

Change of Estate Tax Law

Wednesday, August 19th, 2009

Wealthy residents from Connecticut usually flee to Florida in avoiding the estate tax in the state.  But now, they don’t need to do that because there’s a new law (House Bill 6802) enacted on Sept. 8.  The law states that deaths occurring from January 1, 2010 onwards, as much as $3.5 million worth of estates and gifts will be exempt from tax.  This raised the threshold for taxable gifts and estates from the existing $2 million level.

In Connecticut today, when the estate is exactly $2 million, there will be no estate taxes paid.  However, an estate of $2,000,001 pays Connecticut $101,700 in taxes.  Fortunately, this will change beginning 2010.  The new legislation will not only increase the threshold exemption, it will also reduce the rates by 25%.  For instance, a $5.1 million estate which currently pays Connecticut $402,800 will only pay the state $130,200 if the death occurred after year-end. 

This means that you can now stop avoiding Connecticut in planning and establishing your residence.  State Rep. (R-149^th Dist.) Livvy Floren said, “These changes may be considered good step toward the right direction.”  So if you’re a resident of Connecticut or you have real property there, you might want to revisit and make current your estate plan with an attorney soon.  

Tags: attorney, Connecticut, estate plan, estate tax, Florida, gifts, law, Livvy Floren, state, wealthy
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University’s New Planned Giving Director

Thursday, August 13th, 2009

There is a new planned giving director at University of Arkansas.  Renee Brida from Little Rock will be holding office in university development and reporting to Jim Harris, the executive director of gift planning and estate.

Prior to joining the development team, Brida spent almost five years as estate planning attorney for Little Rock’s Haught & Wade LLP.  She held a lot of fundraising positions in Little Rock including Arkansas Children’s Hospital, Pulaski Academy, and East Inc.

Through these positions, Brida was the one responsible for providing legal counsel in relation to organizational processes, developing a program for planned giving, planning & executing special events, running a fund campaign annually, and cultivating major gifts.  She holds a Psychology and English bachelor’s degree from University of Texas and earned Juris Doctor from San Antonio’s Mary School of Law.

Harris said, “Renee’s experiences as a development officer and attorney make her an idea candidate in leading the planned giving office.  She understands that working with friends and alumni as well as raising private gift support create plans that would work best in every unique situation.  So I have the highest confidence that she would do a good job of taking the planned giving efforts of the university and building new relationships to the next level.”

Tags: attorney, counsel, director, Estate Planning, Jim Harris, legal, Little Rock, Planned Giving, Renee Brida, University of Arkansas
Posted in Planned Giving | No Comments »

Ridglea Theater Trust Deadline

Wednesday, August 12th, 2009

A bankruptcy judge from Fort Worth gave R.K. Maulsby Family Trust trustee until Nov. 4 in order to sell the historic Ridglea Theater located on the west side of the city even for just a pending deal.  Otherwise, they shall face foreclosure.  Doug King, the trustee, told Russell Nelms (the bankruptcy judge) that he has accepted a contract from the buyer putting down earnest money of $50,000 and then paying $1,075,000 for the property.

King said that selling the property would generate enough money to pay the creditors.  However, he declined to name the buyer after the hearing.  As the only asset of Maulby’s Trust, it filed for a Chapter 11 protection to prevent property foreclosure.  Dallas’ FixFunding posted the property for a possible foreclosure because it’s behind on its payments for a $1.1 million loan.  It also owes $260,000 to TaxEase.

Nelms said “Under that contract, I gave a chance for the debtor to perform.  However, it’s a short lease.  There will be dismissal of the bankruptcy case on Nov. 4 if the contract will fall through.”   Chad Berry, the attorney representing FixFunding and Elizabeth Zieglar, the trustee of federal bankruptcy court, asked Nelms to dismiss this bankruptcy case and argued that the family trust has no valid business purpose.

Tags: attorney, bankruptcy, Chad Berry, Doug King, Elizabeth Zieglar, Family Trust, FixFunding, foreclosure, Fort Worth, judge, Maulby's Trust, Ridglea Theater, Russell Nelms, trustee
Posted in Family Trust | No Comments »

Procrastinating is a Bad Habit

Tuesday, August 11th, 2009

When faced with a difficult decision, people naturally procrastinate.  For instance, only 40% of people have an up-to-date will according to Visa Inc.’s recent poll.  A will is certainly not mandatory - although you don’t have to have a will when you die, you wouldn’t want to leave important decisions about your health and finances to strangers would you? Therefore, address these issues now and spare your family from dealing with them.

Consider hiring an estate planning attorney to draft and review your documents.  They can help you decide whether to create a simple will or come up with complex documents such as trusts involving large assets or complex estates.  Here are some things you need to do:

• *Before naming a power of attorney or executor, make sure they’re up to the task.
• *Name alternate executors and beneficiaries in case someone would die before you.
• *Compare trust or will beneficiaries to those named in your retirement or insurance plans to eliminate conflicts.
• *Review documents periodically, most especially when your family situation changes (death of a beneficiary, new child, divorce, or marriage).
• *Date, sign, and notarize documents as well as file them for safekeeping.

Tags: attorney, beneficiaries, documents, estate, Estate Planning, executor, family, procrastinate, strangers, trust, will
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Things to Do Now

Friday, August 7th, 2009

All of us must face the reality that we are going to die.  Therefore, make sure that your final wishes have already been taken cared of.  Here’s a list of things you should do now (in no particular order) just because you need to do it before you pass away:

• *Pre-pay and pre-plan your funeral arrangements.  Just contact a local funeral home and discuss to them what you want to happen in your funeral including the costs and the ways you can pay for it.
• *Get a trust or will to take care of your estate after death.  Do not try to do this over the internet.  You’ve got to see an attorney to ensure that the trust or will is in place and to guarantee that your estate will be surely handled the right way.
• *Also get a durable and health care power of attorney in place.  These could help you avoid messy health and financial problems.
• *Write your own obituary.  It’s hard for your survivors to think of all your life details during the time of grief.  Since you know these better than they do, you’ve got to do it now.
• *If you’re receiving life insurance or retirement money, make sure that you check your beneficiary designations or notify the company if you have any changes in beneficiaries.
• *List the people that you’d like to notify of your death - these may be family, friends, pastor or priest, employer, business associates, etc.
•  

Tags: attorney, beneficiary, death, estate, funeral arrangements, funeral home, health, obituary, trust, will
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What Do You Need?

Friday, August 7th, 2009

A Harris Interactive poll (2008) found that 55% of adults don’t have wills.  Maybe some don’t want to think about dying, but the truth is: majority doesn’t know how to start one or who to talk to.

An estate plan may be as simple as creating a will or it could also be as complex as building up a living will or trust.  You can talk with a qualified attorney to be enlightened on this but remember that it’s important to create one because you want to ensure the destiny of your assets as well as your children.  When you don’t have any of these, the state will have a free hand on where to take your money and your children along with it when you pass away.

Choose what you need.  A will is an instruction document that states your assets and the individuals or institutions where you want to give it to.  Most wills go to probate after your death.  A probate court will oversee inheritance distribution and debt payment.  A living trust sets up conditions on when and how to distribute your assets.  This will help reduce the taxes paid and avoid probate.  Finally, a living will provides an assignment of medical power of attorney given to a person you trust.

Tags: assets, attorney, death, estate plan, Harris Interactive poll, living will, probate, state, trust, Wills
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Legislation Complicates Taxes and Estate Planning

Thursday, August 6th, 2009

Florida Bar requires Florida attorneys to report a certain number of CE (Continuing Education) credits each year.  Most teleconferences and online meetings cost around $100.  So it’s a treat when a sponsor, Regents Bank, came in and paid for a series of lectures from Cannon Financial’s Attorney Roy Adams.  The bank offered local attorneys the chance to attend free, meet their staff in trust department, and receive CE credits for two hours.

Adams is a well- respected and known by estate planning attorneys in the area of speaking every January at Heckerling Conference in Orlando.  The event is attended by over 2,000 attorneys.

One of the topics was the several pending estate tax legislation in Senate and the House.  Most people will not be subject now to estate tax but when the unified credit amount or lifetime exclusion is $3.5 million (less gifts made) per person, this may reduce the lifetime exclusion (it may also be $7 million for a couple if properly planned).  If the lifetime exclusion will be reduced to $1 million (which is already scheduled after 2010) and new legislation doesn’t change the existing law, there is no estate tax.

However, many legislators feel that eliminating estate tax (even for only a year) will greatly contribute to increase of federal deficit - this will eventually be paid back by the taxpayers in the future.

Tags: attorney, attorneys, Cannon Financial, CE, Estate Planning, estate tax, Florida, Heckerling Conference, legislators, Orlando, Regents Bank, Roy Adams
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Transferring Real Estate Title

Saturday, August 1st, 2009

When you own property in another state, the only way that you can avoid probate proceedings is to prepare and record a new deed that will transfer the title to include joint owners.  These owners may be your beneficiaries such as your spouse and children.  You can also transfer the title to a revocable trust or to entities like partnerships, limited liability companies, and corporations.

When out-of-state real estate’s title is transferred to a trust, the title will not be held by an individual but by a trustee.  So even when the individual dies, the trust will still continue.  Same thing for transferring to an entity - it’s the entity that holds the real estate title and not the decedent.

While these are simple procedures, there are a few downsides to a joint ownership.  Any lease, mortgage, sale, or other transactions that involve the property require unanimous consent of every owner.  Another disadvantage is this: the interest of any joint tenant is exposed to creditors’ claims.

And if your property is a pied-a-terr in Paris or an island villa in Antigua, you need to consider estate tax systems and probate in foreign countries.  Therefore, your attorney needs to work with a lawyer in a foreign jurisdiction for proper coordination and inclusion of the property in your estate plan.   

Tags: attorney, estate plan, joint owners, lawyer, probate, property, revocable trust, tax systems, transfer title, trust, trustee
Posted in Estate Planning, Family Trust | No Comments »

President Barack Obama Recommends a Living Will

Tuesday, July 28th, 2009

Recently, President Barack Obama urged all Americans to prepare a living will.  These wills allow people to specifically give instructions if they become incapacitated or ill to make health decisions.  The President mentioned his own family for an example.  He said that he and Michelle Obama (First Lady) have living wills as well as his grandmother who recently died (last November).  In a health care online forum sponsored by AARP, he said “You wouldn’t want somebody else to make those decisions for you.  Therefore, I’d encourage everyone to have their own living will.”

To get one, you can obtain forms from hospitals.  Also, there’s a program of National Hospice Palliative Care Organization called Caring Connections that’s focused on improvement of end-of-life care.  They offer free downloads of living will form or advance directive at its web site for each state.

Common mistakes that people make in their living will is the failure to update it if it’s done years ago, failure to update when they change states, and not getting power of attorney for health care.  When you go to a lawyer, he or she can give you helpful advice, teach you about medical issues arising from it, or warn you about what will happen when you don’t have one.   

Tags: AARP, attorney, Barack Obama, Caring Connections, health care, living will, medical issues, Michelle Obama, mistakes, National Hospice Palliative Care Organization, power of attorney, President, Wills
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Are there Expiration Dates for Estate Plans?

Monday, July 27th, 2009

There is no expiration for estate plans.  However, major life events should prompt you to review your plan and make sure that your wishes are still enforced.  Examples of these common life events include purchase of a home, death of a loved one, birth of a child, divorce, or marriage.

If you’re married, there are certain considerations that you should think about in creating an estate plan.  First, you would need revision of your trust to include your existing spouse.  Also, you may acquire a power of attorney for managing your finances if ever you’re incapacitated or unable to manage any of your financial affairs.  Therefore, a well-rounded estate plan must include a power of attorney for health care which appoints a trusted individual (typically your spouse) to make medical decisions if you’re unable to do so yourself.

While for remarriage, you need to revise your will or trust immediately.  Any gift to your ex-spouse may not be valid.  So how will the court decide who to give it to?  Therefore, you should make this change yourself so that you’re sure to carry out your wishes when you pass away.  Same goes to your children.  Appointing a guardian for the minor ones would protect them even when you’re gone.

Tags: attorney, estate plans, expiration, married, power of attorney, remarriage, trust, will
Posted in Estate Planning, Family Trust, Wills | No Comments »

Can you Bequeath Major Assets without an Attorney?

Sunday, July 26th, 2009

For the first time, Illinois residents can name the person who will receive their car and be given a right to the title in case they die.  This amendment to Illinois Vehicle Code was mandated to designate a beneficiary when applications for the titles and certificate of title were made.

However, it’s difficult to quantify the number of consumers that took advantage of this designation.  Some area car dealers in Peoria didn’t even know of this change in law or whether this option needs to be included on applications for title on new vehicles purchased.

The idea to amend the code came from a resident of Missouri, where there’s a similar policy to designate the beneficiaries on car titles.  He consulted Rep. Jay Hoffman to promote this in Illinois.  Hoffman said, “It made sense.  This would be an easy and inexpensive way to transfer your property.”

However, Stuart Borden, 10^th Judicial Circuit chief judge said that it would not be prudent to name your beneficiary this way even if it’s less costly and more convenient compared to hiring an attorney.  “With less restriction and less formality, these beneficiaries may be subject to manipulation.”  Wills often involve third parties and require signatures of witnesses to oversee the interests of the person bequeathing properties while these forms require nothing more than a signature to designate or change the beneficiary.  

Tags: attorney, beneficiary, Illinois car, Illinois Vehicle Code, Jay Hoffman, judge, Missouri, Peoria, Stuart Borden, Wills
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Five Key Estate Planning Documents

Saturday, July 25th, 2009

Avoiding the creation of an estate plan may be due to dismissal of subjects such as taxes, incapacity, and death.  However, the fact still remains that you need to protect your wealth and your loved ones when you’re gone.  So here are five documents that you need to have while you’re still active:

*Will - these are simple instructions to distribute your assets to the beneficiaries after death.  You need to appoint an executor who will designate your assets, while you need to designate a guardian for minor children.

*Durable Power of Attorney (POA) - power of attorney is simply a legal document that will name another person who will act legally on your behalf.  A regular POA terminates upon a person’s disability or death.  However a durable POA will continue beyond disability and will only terminate upon death.

*Health Care POA - same as durable POA but it will authorize someone to decide for you in medical situations in case you’re unable to do so.

*Living Will - expresses your intentions for use of life-sustaining measures in a terminal illness.

*Revocable Living Trust - a type of trust that is often used in estate plans.  When you transfer assets to a revocable trust, your beneficiaries will receive the income or principal according to the terms of the trust.

Creating an estate plan will not be an overwhelming task if you work with experienced professionals such as a CPA, financial advisor, and an attorney,

Tags: attorney, death, estate plan, legal, power of attorney, revocable living trust, wealth, will
Posted in Estate Planning, Family Trust, Wills | No Comments »

Create your Estate Plan Today

Saturday, July 25th, 2009

Better Business Bureau reminds people that estate planning is not just for the wealthy.  They advise consumers to create an estate plan if they have something of value to pass on to their loved ones after death.  According to surveys, 55% of adults don’t want to set up an estate plan because either they don’t want to think of dying or they believe that they don’t have any assets to pass on.

However, if you don’t give your final instructions, nobody would know where your money should go or how will your children be taken cared of.  Do you want to leave these important decisions to the state?  If not, it’s important to create an estate plan and ensure that your wishes will be followed.

Creating an estate plan may be simple if you just draft a will.  But it can also be complex when you’re trying to set up a trust or a living will.  A will is something that you create to allocate your assets and establish guardianship of your children.  On the other hand, a living trust could set up conditions to distribute your assets while reducing inheritance taxes and avoiding probate.  Finally, a living will communicates a person’s desire for lifesaving measures in case there’s mental incapacity to decide on an emergency medical situation.  To help you draft these important documents, make sure that you consult an estate planning attorney.

Tags: attorney, Better Business Bureau, estate plan, estate planning attorney, living trust, living will, wealthy, will
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Charities Turned Away by Banks

Friday, July 24th, 2009

Planned giving programs are steadily gaining popularity with donors and their charities.  However, banks that service them are slowly turning away.  In fact, there are already key banks that retreated from this financial management area.  They refuse to take charities that have less that $5 million (some even $1 million) in assets.  And there are some that are dropping clients who do not make the cut.

This move is squeezing the smaller organizations, wherein many of them are dependent on banks to manage complex programs and they rely on planned giving vehicles to get donations.  Today, over 50 charities scramble to find new banks since BNY Mellon Wealth Management gave clients a deadline (until Sept. 1) to select another manager.  BNY Mellon is one of the biggest bank players in the investment arena of planned giving.  Likewise, other banks like Wachovia and Merryll Lynch that have longtime philanthropic practices are now folded into merged operations.

A few charities try to join forces in order to gain back clout with banks.  A New York attorney serving on the professional advisory committee of Charities Support Foundation, Andrew Grumet said, “These days, you need to have real money to gain a financial institution’s attention.  That’s just the harsh reality.”

Tags: Andrew Grumet, attorney, banks, BNY Mellon Wealth Management, charities, Charities Support Foundation, donors, Merryll Lynch, New York, Planned Giving, Wachovia
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Holding Company Sought by Mount Airy

Friday, July 24th, 2009

With a holding company’s aid, Mount Airy Casino Resort expressed their interest to transfer casino ownership.  It will be transferred from Louis DeNaples to his daughter Lisa DeNaples D.M.D., who will head a family trust.

According to Michael Sklar, Mount Airy attorney, “The purpose of this holding company is to ensure a smooth casino operations financing during the transfer.”  Under the plan, a Dunmore businessman, Mr. DeNaples, would sell to the holding company all his interest in Mount Airy.  And then Dr. DeNaples’ trust will purchase all these interests from the holding company.  Once this sale is completed, Mr. DeNaples will no longer manage or control the holding company’s affairs.  Dr. DeNaples, who is also the chief operating officer of the casino, would be joined eventually by her siblings Donna Dileo and Louis DeNaples Jr., M.D. in managing the trust.

This transfer occurred due to the perjury charges filed against Mr. DeNaples by the district attorney’s office (Dauphin County).  The charges were dismissed in April after 16 months of license suspension.  However, part of the DA’s office agreement is the pledge to turn over Mount Airy’s control to the trusteeships that should be run by his children.  

Tags: attorney, Dauphin, Donna Dileo, Family Trust, holding company, Lisa DeNaples, Louis DeNaples, Michael Sklar, Mount Airy Casino Resort, perjury, trust, trusteeships
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Avoid getting burned by Statute of Limitations

Wednesday, July 22nd, 2009

This is the scenario: about 10 years ago, someone was named as executor of the will of her father and stepmother.  Then, the father passed away at age 86 three years ago.  However, the child did not know who was the attorney nor was given a copy of either wills.  Several months passed and they sold their home.  The stepmother sold all the family’s belongings in a yard sale and eventually moved out of town without notifying the children.

Since the father owned a business before retiring, he had accumulated a great deal of wealth.  However, the stepmother moved to another town and ceased all communication with the family after the cremation.

First of all, you shouldn’t wait for three years after death before beginning the estate process.  The fact that you were named as executor means that you have the right to be appointed as personal representative.  So if the second wife should open the estate, you would be given notice.  Also, if the father placed all funds in the joint accounts and transferred the home to the wife, nothing would be left to pass under the will.

In this case, there is huge delay in tending to business causes.  It causes several problems because of the statutes of limitation created to end the litigation.

Tags: attorney, estate, executor, litigation, personal representative, stepmother, will, Wills
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Planned Giving is a Long-term Solution

Tuesday, July 21st, 2009

Planned giving can stabilize income and nonprofits understand the benefits derived from it.  So how will you know if the planned giving you chose is the best one for your nonprofit?  It’s a question asked by many organization executives and board members.  Since charitable giving is down, more and more nonprofits would be turning to planned giving instead.  One size certainly doesn’t fit all, but here are questions that you can ask and find out the answers yourself:

*What is the meaning of planned giving for you?

*Why would your nonprofit need a planned giving program?

*What do you need in order to run your planned giving program?

*What are the possible pitfalls?

*When would be the best time to start your own planned giving program?

*What are your reasonable expectations and how long will it take to see the results?

*How will you judge success?

To research more on planned giving alternatives, you can attend seminars and do your own research.  However, it would be best to consult an attorney specializing and experienced in planned giving.  They can give you actual scenarios and examples to guide you in setting up your own program.

Tags: attorney, charitable giving, income, nonprofits, Planned Giving, program
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Jackson’s Movie Deal may strengthen his Estate

Monday, July 20th, 2009

Business executive John McClain and attorney John Branca are talking with AEG Live, the exclusive promoter of Michael Jackson’s supposed London concerts.  The late Jackson was preparing for these concerts before his sudden death on June 25; nevertheless, the videotape of his rehearsals could still be used to create a DVD or movie that would be sold to millions of fans.

Reportedly, Sony will pay $50-$60 million for the footage and this agreement would be announced any day from now.  Legal experts are saying that this deal could strengthen McClain and Branca’s control of Jackson’s estate, since they’re proving to the judge that they have the acumen in handling Jackson’s business.

At stake here is the control of King of Pop’s estate that is believed to be $200 million net of his $500 million debt.  Initially, Katherine Jackson, his 79-year-old mother was given temporary control; however, a 2002 will that Jackson signed have surfaced naming McClain and Branca as executors.  Therefore, a judge temporarily transferred control to them while the attorneys of Katherine Jackson are discussing to challenge their appointment.

The hearing is set for August 3.  Moreover, an attorney expert in legal matters including wills said that McClain and Branca clearly have an advantage since Jackson nominated them as executors in his will.    

Tags: AEG Live, attorney, attorneys, estate, John Branca, John McClain, Katherine Jackson, King of Pop, legal, Michael Jackson, Sony, will, Wills
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Estate of McNair in Limbo

Monday, July 20th, 2009

Former quarterback of Tennessee Titans, Steve McNair, left no will.  As a result, one of his son’s family (the one born before his marriage), was laying claim to their inheritance.  This could set up one lengthy legal battle.

David Callahan, Nashville attorney of Mechelle McNair (Steve’s wife), said that she’s determining the net worth of her husband.  A probate court judge in Davidson County granted her 60 days to complete this process as a response to her emergency petition.

The probate court filing states that the heirs are Mechelle McNair and her sons Trenton, 6, and Tyler, 11.  However, she can’t confirm whether the other two older sons of her husband are actually his.  Her husband died suddenly as he was shot on July 4 by a woman he was dating.

Steve McNair’s oldest son is Steven McNair Jr., Oak Grove High’s senior star wide receiver while his second son is Steven O’Brian McNair, 15-year old.  Cotina Feazell, the mother of Steven McNair Jr. did not find any records that the quarterback completed any estate planning or set up trust funds.

Attorneys say that even if the other women were not married to McNair, his sons are still eligible to the inheritance under state law.  There might be certain blood tests or other issues but all they need to do is hire an attorney to make a claim.

Tags: attorney, court, David Callahan, Estate Planning, inheritance, law, legal, probate, son, Steve McNair, Tennessee Titans, trust funds, will
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Draft an Advance Directive to be Prepared

Saturday, July 18th, 2009

Nobody would like to spend time mulling over their death.  However, it’s important to create an advance estate plan that will give you control over any situation when the time comes that you can’t voice your opinion anymore.  Estate planning attorneys’ advice: “You can’t change the fact that you will die.  And if you have the legal paperwork properly filed, you’re just showing that you respect the people you are leaving behind - you’re not putting them through stress and emotional turmoil than necessary.”

Fortunately today, anyone can draft an advance estate plan, which is a legal document specifying the things you want to happen when you’re no longer able to provide consent.  Aside from the distribution of your assets to beneficiaries, these advance directives would typically cover the situations you want when medical staff would attempt to revive you or the kind of life support you prefer to be put on.

At age 25, maybe you would want them to revive you at full blast (even hit you with lightning if possible) but at age 95, you may have a different perspective since you would not want to reach 100 years old hooked to these machines.  Therefore, advanced directives such as these would legally allow you to specify these things before the actual emergency situation when you’ll be unable to give directions yourself.  

Tags: assets, attorney, attorneys, beneficiaries, death, directives, emergency, estate plan, Estate Planning, legal, legal paperwork
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Online Wills are Essential

Thursday, July 16th, 2009

In your life online, you would normally create passwords and never share them with anyone nor write them down.  That should be alright when you’re alive, but this protection of sensitive information regarding your personal savings, insurance, or asset details can wreak a lot of havoc for your heirs when you die.

With increasing parts of our lives being stored online - password-restricted bank accounts, confidential messages, automatic bill-pay arrangements, and even photos - piecing together all personal information may cause your heirs major headaches.  For instance, if your online savings account is separate from your other regular bank accounts, this account may be overlooked in disbursing your finances to the beneficiaries since all statement notifications arrive exclusively through e-mail.

The chairman of estate-planning department in Springfield Massachussets and an attorney, Hyman Darling, said, “Many times we spend several days trying to locate the information.  Very often, these accounts would not be known for some time.”

But of course, creating a will where the decedent included all details about existing assets would help a lot.  However, it would still not solve the problem of knowing the passwords of certain accounts.  As Michael Palermo (another estate planning attorney) said, “Without these log-in information, the survivors need to ask assistance from the court to gain account access from the company running the online account.  And sometimes, this is not always easy.”  Therefore, it’s important to include these passwords in your will or entrust them to a trusted relative while you’re still alive.  

Tags: account, attorney, Estate Planning, Hyman Darling, Michael Palermo, online, passwords, will
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Help Parents Manage Finances and Leave a Legacy

Thursday, July 16th, 2009

You’re very fortunate if your parents are still living.  However, it’s time for you to assist them on some areas of their life, more specifically on financial issues.  In fact, it’s imperative for you to be involved with them on these two things: managing finances on their retirement as well as leaving a legacy.

When your parents don’t initiate conversations on these things, it’s better if you start talking to them about it.  Who knows, you might find them willing to discuss these things with you more than you thought.  Encourage your parents to seek the help of an estate planning attorney to identify several ways on how they could pass their assets to the next generation.

Moreover, you may want to suggest that they check on beneficiaries designations of their qualified plans (such as IRAs, 401ks, etc.) or life insurance contracts. Maybe the family picture changed in the last couple of years, and they are really intending to change the designations.  They should take action now before it’s too late.

While it’s important for your parents to deal with legacy issues, they may still have numerous years ahead of them.  Therefore, you can also start discussing about their investments, savings, assets, and so on.  This kind of knowledge would be very helpful if you would become involved in distributing or managing their resources.

Tags: assets, attorney, estate planning attorney, finances, legacy, parents, plans, resources, retirement
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Couple Received Planned Giving Honors

Wednesday, July 15th, 2009

Recently, the Planned Giving Council of Greater Cincinnati honored LaVerne and William (posthumously) Stautberg for their generosity.  Their foresight will benefit future generations of Santa Maria Community Services.

Mr. and Mrs. Stautberg have been close to Santa Maria or many years - it started with William’s involvement in Western Hills/Price Hills Kiwanis Club.  Also, he served as the Board President during the mid-1980s.  So at the couple’s anniversary (64^th), their children and grandchildren fulfilled their desire to touch lives and create a lasting legacy.  The couple has provided annual funding to charity by establishing an endowment fund - there were other charity beneficiaries and among them, Santa Maria was selected as a perpetual beneficiary.

As a result, the Stautbergs were nominated for the “Voice of Giving Award.”  In total, the Price Hill-based council gave 20 awards to honorees.  The nonprofit believes that these people have committed to give millions collectively and their help will ensure that diverse causes will be possible for the future.

The Planned Giving Council of Greater Cincinnati is a professional association whose life work is ensuring viability of charitable organizations.  To get more information on planned giving and the benefits that it could give you, seek assistance from an estate planning attorney.

Tags: attorney, Cincinnati, estate planning attorney, Planned Giving, Santa Maria Community, Stautberg, Voice of Giving Award
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Living Wills: Important in All Life Stages

Tuesday, July 14th, 2009

Mitch Albom, the author of the book Tuesdays with Morrie, brought the character of Morrie Schwartz into life.  In the book, Schwartz said “People are acting as if death is so contagious.  But in reality, it’s not contagious.  Death is so natural, as natural as life itself.”  Nevertheless, people still avoid the topics of dying and death, even if this popular biography has successfully made death seem accessible.

It’s a unique human experience to be aware of one’s own mortality.  Although for some people it’s not easy to discuss, most would not want to burden their loved ones of any significant health change or a catastrophic event.  Despite this, however, more than two-thirds of adults don’t have any living will or advance directives.

Young people are mostly the ones who have not expressed future preferences while older adults are more aware on giving instructions about health care and appointing someone to make the medical treatment decisions when they’re stricken with a serious accident or disease.

Remember that whether you’re young, middle-aged, or older, any responsible adult benefits from creating a living will.  When you’ve put your preferences and wishes on paper with the help of an attorney, it’s essential to have a meaningful conversation and discuss it with your family.

Tags: accident, attorney, death, disease, health care, living will, Mitch Albom, Morrie Schwartz, mortality, Tuesdays with Morrie, will
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Trust Meaningless Unless with Assets

Monday, July 13th, 2009

Two siblings consulted an attorney about the estate of their father who passed away in 2006.  Both their parents have revocable trusts and a $3 million combined net worth.

Both their trusts were adequate and well-written.  It has the necessary language and complete documents to ensure that the first deceased spouse’s estate would be divided into family trust and shelter the whole $1.5 million (husband’s share) from future estate tax lasting for 12 generations because it will not be added to the other $1.5 million taxable estate (wife’s share).

Instead of writing a will, which could have resulted in tax worth $460,000, the family trust saved them from this expense.  However, even if their trust was adequate, it would be meaningless unless it has assets.  What’s worse is that the children can’t sue the attorney who drafted the trust - he has included a firm warning that there are negative consequences if the couple failed to fund the trust and even included a separate sheet on how they can do so.

As a result, they need to file probate, which would cost them an additional $210,000 for court costs, attorney’s fees, and representative fees in addition to the $460,000 tax payable to the IRS upon their mother’s death.  All of these problems could have been avoided if only their parents funded the trusts.

Tags: assets, attorney, estate, estate tax, Family Trust, probate, revocable trusts, trusts, will
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Your Will Needs to Change

Friday, July 10th, 2009

Since there is a recent decline in properties and personal portfolio, these can affect your asset proportions.  Now would be a good time for you to check if the financial logic behind estate plans and wills still holds.

Rita Brown, estate planner and CPA, said “You cannot really change your will every time there’s a fluctuation in the stock market.  However, if you want your children to have a specific amount of money, and your stock portfolio today no longer allow that, then it’s time to make a change.”

A will can spell out the nomination of an executor, guardian for minor children, any specific gifts, and beneficiaries of your assets.  Software or books are available for any basic will although it’s still necessary to hire an attorney as your accounts and properties become more complex.

When you deduct all your debts from your property’s fair market value, you’ll get the value of your estate.  Also, the value determines whether the beneficiaries will be charged with capital gains taxes and whether there will be estate taxes when you pass away.

For 2009, an estate’s first $3.5 million ($7 million for couples) will be exempt from estate taxes.  Also, there’s a gift tax with $1 million lifetime exemption.

Tags: attorney, debts, estate planner, estate taxes, fair market value, Rita Brown, stock market, stock portfolio, will
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Surprisingly Disinherited

Friday, July 10th, 2009

Kari Kennedy’s father died and she was crushed emotionally.  But when she found out that Liv, her dad’s ex-wife inherited more than $400,000, she got the biggest surprise of her life.  Liv and her dad had been divorced for many years.  In fact, she has a copy of their divorce decree which says that Liv is waiving all her rights to any retirement plan.

It may sound impossible but it’s true.  Estate planning looks so simple but it’s filled with pitfalls and landmines.  So if you failed to change the beneficiary in your retirement plan or insurance form your true heirs cannot contest it if you accidentally pass away.  In the above example, the law governing qualified retirement plans triumphs over the divorce decree.

This happens all the time.  Well-meaning individuals don’t change their beneficiary forms frequently and not willing to spend any money in hiring an estate-planning attorney.  They also forget that the results can be very disastrous.

Therefore, estate planning attorneys recommend that everyone should review all assets that they own - each legal document, trust, will, real estate titles, insurance policy, annuity, IRA, and retirement plan.  If you do this regularly, you’ll be sure that the inheritors of your belongings will be according to your wishes.

Tags: attorney, Divorce, Estate Planning, estate planning attorney, Kari Kennedy, legal document, retirement plan
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Checklist for Parents’ Will

Monday, July 6th, 2009

As parents, you should be prepared to plan for the unthinkable.  If one or both parents die, anyone could be assigned as guardians to your children.  This means that the courts - not you - would decide their future.  So to guide you through the drafting of your will, consider the following steps:

-Pick a guardian for your children as well as their future assets.  Think about this thoroughly.  Who could be there for them who’ll share your values in the long-term?  What’s surprising is that the person may not be your close blood relative or current romantic interest.

-You can choose one person to raise your child and another one to take care of your money.

-Before making the designation, make sure that your guardian will accept this responsibility.  Divorced parents should make this guardianship decision together.  They could also consider each other to be named as guardian, as the courts would most likely award it to either of them when the other party petitions for it.

-Give a certified “will” copy to your guardian and let them know where you stored the original.

-Pick an attorney who’s board-certified in estates and wills.  It would also be best if they had an advanced training or certification to claim their specialized area.

Tags: assets, attorney, courts, estate, estates, guardian, parents, plan, will, Wills
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Make Estate Planning Your First Step after Divorce

Monday, July 6th, 2009

The last thing that people want to do after a divorce is to consult another attorney.  But regardless of your age and whether you have kids or not, it’s important to consult legal and financial experts to ensure that your financial plans and estate are updated in terms of reflecting your new circumstances.

So if you’re not working with an estate planning attorney or financial consultant during your divorce, it’s time for you to do it now.  A financial planner will look at your finances. Your expenses as a new single individual can grow unexpectedly; a financial planning professional helps you compare strategies and review your new savings and spending needs.

Also, talk with an attorney that has numerous experiences in real estate.  If you plan to remarry one day and you have kids, make sure that your specific assets will go to them (guaranteed) when you die.  This is because some cases happen when the ex-spouse may automatically gain full control of assets earmarked for your kids.  Of course you don’t want this to happen - that’s why you must plan for it legally.

If your children are still minors, it would also be wise to plan the guardianship for them.  Especially when there are wealth issues that’ll only become effective when they reach adulthood, it’s critical to establish a solid and efficient legal structure to distribute those assets.

Tags: attorney, Divorce, estate, Estate Planning, estate planning attorney, experts, financial, financial planner, legal, minors, plans
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Common Answers about Trusts and Wills

Thursday, July 2nd, 2009

There are no additional filings or fees in setting up a trust.  However, it’s likely more complicated and more expensive compared to drawing up a will.  The costs vary widely - it would depend on the complexity and size of the estate - attorneys could charge several thousands of dollars on these documents.  But for most basic estates, wills could cost about $500 each, according to Steve Akers, a managing director of a New York wealth-management firm named Bessemer Trust Co.

Anybody having possession of your will (usually your attorney) is obligated to file it in the courts upon your death.  Therefore, Akers stressed that you should leave copies of your trusts with your designated trustees or attorneys.

A common reason for choosing to set up a trust instead of a will is to avoid the court proceedings.  These wills need to be filed in probate court in order to be executed, which means that they become public documents.  Costs could be between 1-3% and administrative court fees would come out of the estate.  Use of wills are more common in states that have simpler court procedures and hearings are quick (sometimes even for 15 minutes).  While with trust, your assets will be simply transferred to designated trustees (or trustee) upon your death.

Tags: attorney, attorneys, Bessemer Trust Co., court, Steve Akers, trust, trustee, trusteees, will, Wills
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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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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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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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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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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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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
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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
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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
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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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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
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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 »