How to File an Appeal

Wednesday, December 2nd, 2009

If you are thinking that you do not need the services of appeals attorneys then you better think twice. You may have never been in courtroom trials personally but you probably have seen scenes involving courtroom trials in movies and television.

The appellate process is one of the most important element of the judicial system. If you want to fully understand your rights within the judicial system then it is important that you do understand the appellate process and no one can help you better in this endeavor than working with appeals attorneys.

You should know that before an appeal is filed from a criminal or civil case, the trial level court should have its final judgement already. When it is a criminal case, the final judgement comes in the form of the sentence order given by the court. If it is a civil case, the final judgement is considered to come in the form of the disposal of all issues of the parties and the dismissal of the case itself.

If the final judgement has been issued by the court, the next step that you should do is to look for appeals attorneys that can help you and file a Notice of Appeal. The Notice of Appeal is filed with the trial court and the other parties involved in the case. Take note that it is important that the Notice of Appeal should be filed in a timely manner. Appeals attorneys are aware that each state has a specified time frame in which the Notice of Appeal must be filed. If you fail to do the filing in the said time frame then you will be barred forever from raising an appeal on the case. Aside from that, if the Notice of Appeal is not filed in the manner that is prescribed by the law then the appelate court will bot have jurisdiction over the case.

Given the importance and specific process of filing an appeal, you will definitely be undergoing a lot of stress and effort if you push on without the aid of an attorney. Appeals attorneys can make everything easier for you and will give you a higher success rate giving you a better chance to get to appeal to the case.

If the Notice of Appeal is already filed then your case will move on to the appelate court itself. The appelate court will then schedule a time line for the filing of the documents and materials needed in that court. This will include the appelate brief that is filed by the person lodging the appeal in the first instance. After complying, you should now be ready with your case.

Tags: appeals, appeals attorneys, attorneys
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Hiring Adoption Attorneys

Tuesday, December 1st, 2009

If you intend to adopt a child whether he or she may be coming from in or out of the country, it is best that you get the services of adoption attorneys. Without their participation you will only have a hard time processing the papers and finalizing the adoption. Aside from that it would be much easier to employ the services of a lawyer who is familiar with the whole process so that there will be less mistakes incurred.

You may find that adoption agencies and even non profit adoption organizations usually have their own adoption attorneys working with them and they can help you adopt a child in an easier and faster way.

Aside from that you should also consider the fact that adoption laws and legal requirements vary from one country to another. These attorneys are familiar with the laws and requirements nationally and internationally as well. There are things that would definitely need the help of someone that has legal training throughout the adoption process and going through it all by yourself can be very stressful in your part.

The process of adoption can also be very emotional. The presence of adoption attorneys backing you up will help give you a sense of calm and security throughout the whole process.

Given the many benefits that they can give you, it is important that you get to work with the best adoption attorneys to guide you as you enter a new chapter in your life. Here are some pointers that you can use when it comes to choosing the best adoption attorney that you can work with:
• Make sure that you get referrals from other professionals, friends and family members. You can also approach people you knew have adopted before and ask if there is someone that they can recommend to help you out.

• Make a list of the best adoption attorneys or agencies in your area that meets your needs and your budget. Make sure that you ask about adoptive parent requirements and up-front fees.

• Verify their license by calling your state adoption agency licensing specialists. Make sure that the license is still active and that there have been no complaints filed against them.

• You should also do a background check with the Better Business Bureau or your state Attorney General’s office. Do not work with agencies or adoption attorneys that you have not investigated yourself.

In the end, it is recommended that you keep at least two things in mind when you choose your adoption attorney. First is that you are the client and it is important that the attorney of your choice makes your comfort and security a priority. And second, it is always best to trust your instincts. If you feel that something does not feel right then it is best that you look for someone else.

Tags: adoption, adoption attorneys, attorneys
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The importance of Accident Attorneys in Society

Monday, November 30th, 2009

A lot of people would wonder why they need accident attorneys. It is no hidden fact that accidents happen everywhere at anytime. Accidents are a harsh reality that some of us have to face and in the event that this happens to you it would help significantly if you have the right tools to deal with the problem at hand.

Road accidents involving cars, motorbikes and trucks are very common these days and when you are involved in such incidents, the services of accident attorneys can help you get out of the mess and they can help you get the compensation that you deserve.

Skilled accident attorneys can play a major role when it comes to preceding your case. They will collect all the evidences needed to support your claim and this will be done in a timely manner as well. This is important since most states have a specific time period in which you must file your claim in court.

The initial evaluation of a case before the filing happens in court is very important and accident attorneys can help you significantly in the whole process. Experienced accident attorneys are able to provide you the best evaluation and with the knowledge that they have, you will surely be advised accordingly.

Accident attorneys will help prepare the case in a professional manner. The main benefit you get when you hire the services of accident attorneys is that you have someone to work on the loose ends of your case and compile the evidences for you. Without this preparation that accident attorneys can do for you, you can lose out a lot of money and may miss out on the compensation that you should be getting.

If you have been injured in the accident then accident attorneys can help you get closure. Accident attorneys have the goal of ending their cases successfully so that you can get the maximum compensation for the injuries that you have obtained.

There are a lot of accident attorneys around. Before you decide to pick one consider the following: make sure that you get the case histories of these accident attorneys and that you get to discuss your case and the chance of success that you have with each of your options. Make sure to clear out if there are any additional fees that you have to pay in case there will be any complications in your case. Take note that accident attorneys charge by the hour or by the case and sometimes they also charge on the percentage of success.

Tags: accident, accident attorneys, attorneys
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Roundtable for Planned Giving Professionals

Friday, September 18th, 2009

There’s a new organization called YEP (Yuma Endowment Project) where professionals working with planned financial giving are learning and working together locally.  The leaders of this organization said that they will offer training events plus host a planned-giving roundtable.

Membership to YEP nonprofit targets professional financial advisers such as insurance professionals, accountants, and attorneys in addition to executive directors and development officers.

Judy Gresser, the executive director of Yuma Community Foundation said, “In the past, people had to drive to Tucson or Phoenix for this type of training.  We need this kind of collaboration here in Yuma.”  In addition, she said, “It’s all about great agencies and sustaining the impact in our community by educating people.  It’s not just all about giving cash one time, but making a planned long-term impact.  The biggest reason for the endowments is to benefit the community.”

The annual summer forum is likened to a retreat, and the educational events are offered every quarter.  The first one will be on October 7 at Yuma Main Library.  A management consultant for major corporations, Tom Steiner, would be the one to make a presentation.  By the time they hold their kick-off activity, Gresser is hoping that they can already have 50 members.

Tags: attorneys, endowments, forum, foundation, Judy Gresser, members, membership, Planned Giving, retreat, summer, training, YEP, Yuma
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Suing a Family Trust

Friday, August 21st, 2009

Mary Bucksbaum Scanlan, an heiress of Bucksbaum shopping-mall clan has sued the family trust as well as its lawyers for breach of fiduciary duty and malpractice.  She blamed them for investment losses from her trust shares worth $300 million. 

The 40-year-old is a daughter of Martin Bucksbaum, who’s the late co-founder of General Growth Properties Inc.  She filed this lawsuit in Chicago U.S. District Court naming attorneys Earl Melamed and Marshall Eisenberg with their law firm named Neal, Gerber, and Eisenberg LLP.  Also included in the suit is General Trust Co., Bucksbaum family trust as defendants.

The attorney representing Melamed, Eisenberg, and their law firm is Atty. Stephen Novack, who claims that losses suffered by Bucksbaum family trust were truly caused by the souring stock market and the economy.  General Growth is based in Chicago - it manages and owns over 200 malls in the U.S. but it filed for bankruptcy (Chapter 11) protection in April carrying a debt load of $27 billion.

The lawsuit of Mrs. Scanlan alleges the attorneys (also the trustees) of breach in their fiduciary duties since they kept most of the assets of the trust in General Growth stock during the time that stock has declined in 2007 from $67 to $1 last year.  Allegedly, the attorneys also failed to inform her about the loans made to executives of General Growth with a total of $100 million.

Tags: attorneys, Bucksbaum, Chicago, Earl Melamed, Family Trust, General Growth Properties, heiress, law, lawsuit, lawyers, malpractice, Marshall Eisenberg, Martin Bucksbaum, Mary Bucksbaum Scanlan, Stephen Novack, stock, sue, trust
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Your Will May be Fake

Thursday, August 20th, 2009

Many people are getting scammed when they seek assistance in writing their wills. A lot of solicitors can draft wills; however, these solicitors are not properly trained nor qualified to do so. In fact, there are many will-writers who don’t need to be regulated by Law Society before they offer their services.
According to a Liberal Democrat spokesperson for regulatory reform, enterprise, and business, Lorely Burt, “It’s no exaggeration that will-writing has now become a hunting ground for dishonest, incompetent, and fly-by-night operators.” Some offer a low fee but would keep adding extra charges for extra services and some involve outright scamming.

Since will-writers are not regulated, some problems also arise out of incompetence. For instance, an old lady wants to exclude her son from inheritance since he stole from her in the past. She made a will for her estate to be given to her care givers instead. But since she just used a will-writer who advertised in the local paper, her will was challenged by her son. And since it has been witnessed and drafted incorrectly, the will was declared invalid – effectively, she has no will and her son actually inherited everything after all.

Therefore, be very careful in looking for assistance to draft your will. To be safe, seek help from qualified estate planning attorneys. You can find many of them in online directories all over the web.

Tags: attorneys, directories, draft, Estate Planning, Law Society, Liberal Democrat, Lorely Burt, online, scamming, solicitors, web, will, will-writers, Wills
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Future of Estate Taxes

Saturday, August 15th, 2009

Legislative gurus, estate attorneys, and financial planners are bustling about the estate tax’s future.  A lot of people already know that under the 2001 EGTRRA (Economic Growth and Tax Relief Reconciliation Act), federal estate tax changed almost annually for the past few years.  In fact, it’s most likely to phase out entirely next year but will come back in 2011 if things don’t change in Washington. 

Currently, estate tax exclusion rests at $3.5 million (for married couples, $7 million) and top tax rate is at 45%.  When federal estate tax goes back in 2011, the exclusion would drop back - $1 million for individuals and $2 million for married couples, with top tax rate rising to 55%.

Today, most experts would agree that estate taxes are here to stay considering that budgetary challenges occupy congress and the current administration.  Also, economic crisis is still underway.  Legislation has been introduced to keep exclusion at current levels and marry this exclusion to lifetime gift tax exemption. 

At this point, it’s still too early to tell the ultimate fate of the current proposal and all others that are bound to be proposed during the coming months.  In the meantime, those in the know solidly believe that it’s important to revisit your current estate plan as well as undertake proactive tax planning.

Tags: attorneys, EGTRRA, estate attorneys, estate plan, estate tax, federal, financial planners, legislation, legislative gurus, proposal, tax planning, Washington
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Estate Planning Options

Thursday, August 6th, 2009

In Wisconsin Statutes, the Ch. 770 addition encourages more same-sex couples to have more options to estate planning.  However, attorneys say that there are still a lot of questions to answer.  Michelle T.L. Hernandez, an attorney for Krueger & Hernandez shares that she has been receiving several calls about this process ever since the application for domestic partner declarations have started on August 3.

Over 400 couples have already filed for declarations - this means that same-sex domestic partners may inherit assets pursuant to state intestacy statute.  They may also sue a wrongful death of a deceased partner.  Hernandez said that this niche is still small.  As more couples register, she expects an evaluation whether she would change their trusts, wills, and estate planning documents and incorporate the new law benefits.  “I think attorneys implementing plans for domestic partners as well as those handing partnership termination will find this new area to be a brand new and hot law.”

Many attorneys are now encouraging their clients to apply for this domestic partnership status.  Same-sex partners will find that the new law provides a few “unique” opportunities in estate planning that is not available to them before.  This includes the ability to obtain the partner’s property, vehicle, or home in the event of death.    

Tags: assets, attorneys, death, declarations, Estate Planning, Krueger & Hernandez, law, Michelle T.L. Hernandez, partnership, same-sex couples, Wisconsin
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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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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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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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Judge Finds Widow Lacks Merit to Sue

Sunday, July 12th, 2009

A Manhattan judge ruled that a widow’s claim for a $9 million malpractice suit for her husband’s attorneys have no merit.  Marilyn Shafer, Supreme Court Justice, ruled that there was no privity between Jean Sorenson Leff, the widow, and Richard Cunningham and William Bush, the attorneys.

Shafer discounted the argument of Leff that occasional interactions between her and the attorneys, which includes her own will preparation, created an attorney-client relationship with regards to her husband’s estate planning.  Shafer wrote that “even if the plaintiff has a subjective belief of an attorney-client relationship, it’s not enough evidence that there is one.”

Due to this, a question was raised on who can sue for malpractice in New York when the attorneys make mistakes in estate planning.  The chair of wills and estates department for Schlesinger Gannon & Lazetera answered, “New York is one of the very few states left with privity doctrine.  Only the decedent has the privity and the right to sue - not even the executor or administrator of the estate could charge malpractice to the attorneys.  Fortunately, more and more states are moving to abandon that doctrine.”

Tags: attorney-client relationship, attorneys, Jean Sorenson Leff, malpractice, Manhattan, Marilyn Shafer, New York, privity, Richard Cunningham, Supreme Court Justice, William Bush
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Attorney-Client Relationship in Estate Planning

Sunday, July 12th, 2009

Sometimes, elderly clients would come to attorneys to draft an estate plan.  But these clients often had their caregivers or children with them.  It may be reasonable because these clients rely on their companions to express what they want and to make sure that the attorney is somebody they can trust.

However, some attorneys would want to meet the client alone to discuss major decisions.  These are the reasons why:

• -An estate planning attorney is required to confidentially and faithfully serve the client’s interest only.  Because of this, the attorney must meet the client alone to ensure that confidential information will not be known to anyone else (unless the client gives permission).
• .
• -When the meeting is held in confidence, the attorney would more likely get personal with the client to understand their desires and circumstances.  If anyone is in the room (say the children), other people might be the one to take charge of succeeding discussions and it might prevent the client from saying something confidential.  Therefore, a confidential meeting would definitely protect the client and enable the attorney to uncover the true wishes.
• .
• -Finally, the attorney should be satisfied of the mental capacity of the client.  The elderly should still have the ability to understand and communicate the instructions clearly.  Also, clients need to act out of free will without any “undue influence.”

Tags: attorney-client relationship, attorneys, confidential, elderly clients, estate plan, estate planning attorney, free will
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Create Financial Plan for Happy Future

Saturday, July 11th, 2009

There are only a few people who actively plan for their financial success. Some may expect it or hope for it, but only one out of five people actually have a written plan on how they want their financial lives to work out. This is according to the recent financial literacy survey of Retirement Commission.

Author Arun Abey says that “drawing a financial plan may be a minority occupation. However, aside from being purely financial, it would also bring you a sense of wellbeing.” She further said that there’s a feeling of control and high satisfactory rating for people with a financial plan – it doesn’t matter if they’re simple wage earners or a rich accountant.

So, financial planning may also give us a notion of happiness and satisfies us as individuals. If you want to experience the same sense of purpose, you may go to financial planners or estate planning attorneys. When you go to them, you will be asked to fill out a statement of your insurances, debts, assets, and income. Generally, your adviser will also ask you about the household budget and the regular things that you’re spending on. Other estate planning details, such as family trust or will should also be included.

Tags: Arun Abey, attorneys, Estate planning attorneys, Family Trust, financial literacy, financial plan, financial planning, Retirement Commission, will
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Avoid Inheritance Tax on Proceeds of Life Insurance

Saturday, July 4th, 2009

Generally, life insurance proceeds aren’t subject to Indiana Inheritance Tax.  An exception to this rule occurs when proceeds are payable to the estate of the descendant, either because the estate was named as beneficiary or the deceased failed to name any beneficiary.

A few months ago, however, the list server of Indiana Probate Bar was actively discussing this fact - Indiana’s DOR (Department of Revenue) was taking expanded interoperation of the section in the code authorizing an inheritance tax on the proceeds of life insurance.

Apparently, DOR decided that if the life insurance proceeds are payable to one’s trust, then this trust is authorized to pay debts or administrative expenses of the decedent, and the proceeds would be subject to Inheritance Tax.

However, the code should not be interpreted that way.  The schedule B of Indiana Inheritance Tax Return - the only place that lists life insurance proceeds which says that “life insurance is payable to estate.”  Armed with this, many attorneys take the position that life insurance are not required to be filed on Inheritance Tax return and be subjected to Inheritance tax unless the proceeds are payable to one’s estate.

Tags: attorneys, DOR, estate, Indiana, inheritance tax, life insurance, proceeds
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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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Estate Planning Aided by Key Documents

Thursday, July 2nd, 2009

Tenise Owens, Troy Bank’s trust officer was a keynote speaker at Healthy Woman seminar.  She said, “Everyone over 19 years old should have a will.  Advanced medical directives, a will with instruction letter, and a strong power of attorney are the key documents needed by each person before the need arises.”

She further revealed that, “The state will be very happy to distribute the money for you if you don’t have a will.”  She calls estate planning as the people’s “financial health” and outlined the pros and cons of having a durable power of attorney.  “We highly recommend that people go to their own attorneys and draw up their will.  You would definitely want someone standing behind you if people will challenge your will.  Therefore, downloading a will from the internet just won’t do,” she revealed.

Powers of attorney may be changed.  She urged the group in keeping the financial institution informed of the revisions.  She shared “We keep the copies of powers of attorney on file - we consider it a binding document unless we’re otherwise notified.”

When someone dies, many people typically go to financial institutions and expect to transact their business with a power of attorney.  However, she said, “A power of attorney would become null and void after a person’s death.  That’s when a ‘will’ would come into play.”

Tags: attorneys, Estate Planning, Healthy Woman seminar, power of attorney, Tenise Owens, Troy Bank, trust officer, 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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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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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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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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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 »

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 »

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 »

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
Posted in Child Custody, Divorce | No Comments »

Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
Posted in Injury, Personal Injury | No Comments »

Recession Divorce

Monday, May 25th, 2009

Cost effective legal divorce is now a welcome path for those people who wish to end their marriages. The stalled housing market, increased unemployment, and deepening recession have negatively impacted the financial situations of most parties. In fact, high mortgages and declining values caused many homes of divorcing couples to stay “under water.”

In addition, even those divorcing couples who are still fortunate to have home equity cannot sell the houses due to a slow real estate market. If you combine these with plummeting real estate values, you will be looking at a bleak marital asset balance sheet.

Historically, divorce rates tend to increase during recession. But attorneys today still see a decline, maybe due to a severe economic downturn. For those with limited resources, it might be overwhelming to incur expenses for two households. On the other hand, net-worth clients may take advantage of diminished values of their properties to decrease financial responsibility.

And to look on the bright side, there are other support alternatives and marital asset division that attorneys can do to help the divorce resolution. Probably, a neutral financial planner can find solutions for custody issues or parenting coordination.

Although some cases would really need to go through litigation, there are other options that the parties could attempt to utilize. These alternative resolution methods may be in the form of a collaborative law model or mediation.

Tags: attorneys, collaborative law model, cost effective, custody, Divorce, divorce rates, divorcing couples, litigation, mediation, parenting coordination
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Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

When you refer to the United States Constitution (Fourth Amendment), the “exclusionary rule” protects the public from illegal searches or seizures. Under this rule, any case evidence derived from such illegal search or seizure will be suppressed.

Therefore, this rule is specifically designed to deter possible unlawful police conduct. Also, it assures citizens that they have the right to be free from any unreasonable privacy invasion, even if they are criminal suspects. To a lesser extent, this rule is also designed to protect judicial process’ integrity from possible unlawful government conduct effects.

Remember that you’re never required to consent to any police search. Although sometimes, you may be threatened with detention, you still have the absolute right to decline the search. However, this would not mean that you have the right to physically stop a search if it’s lawful such as when the police have probable cause or they have a warrant of arrest.

Probable cause is when the police possess very strong evidence that you have committed a particular crime. Under Federal law, the police do not have to advise you of your right to refuse a search. However, under New Jersey state laws, the police should advise you of this right – otherwise, the search and seizure would be considered unlawful.

Immediately contact a criminal defense attorney if you’re a victim of an illegal search and seizure. To make it easier, you can search for hundreds of experienced attorneys online using attorney directories.

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
Posted in Criminal, Defense lawyer | No Comments »

Happy Divorce: Is it Possible?

Sunday, May 17th, 2009

You’ve heard of a happy marriage, but do you think it’s possible to have a happy divorce? The answer is yes, according to a huge number of lawyers. There’s such thing as “collaborative divorce,” which typically brings cooperation and civility to a bitter battle.

Instead of sparring in court, attorneys of both parties will agree to work towards an amicable divorce wherein both sides will be happy. Along the way, they can receive guidance from a financial adviser and neutral mental-health professional.

They say collaborative divorce is cheaper, less divisive, and faster than traditional divorce. Also, it’s more private since the parties will not step inside a courtroom unless the final paperwork was already filled.

An Orlando attorney, Richard West, said “It’s better for clients and for their families too.” Husbands and wives will have their own lawyers who are there only to give legal advice and meetings are presided by a mental health professional that should be neutral and not take any side. This counselor will also steer the discussion towards a productive direction to minimize sniping.

The goal of the meeting is to help design a plan and work out what’s best for the children. Barbara Kelly, Maitland psychologist, said “From the start, you’re focusing on the children, and ex-couples who came out through it say that their communication with each other also improved.”

Tags: attorney, attorneys, collaborative divorce, counselor, Divorce, lawyers, mental-health professional, Richard West
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Chimpanzee Attacker’s Owner may Freeze Assets

Monday, May 4th, 2009

Attorneys in a Stamford lawsuit are getting close to reaching an agreement on freezing some or all of the assets of Sandra Herold.

Herold owns a chimpanzee that attacked Charla Nash last February. According to reports, Herold is Nash’s employer and friend. On Feb. 16, the chimpanzee escaped and Herold called Nash for help to get the pet back in the house. After the attack, the police shot and killed Travis (pet’s name).

The injuries suffered by Nash are terrible. According to the doctors, she lost her nose, lips, and hands. And in addition to her brain injury, she is also blind because of the attack. Right now, she’s slowly making improvement at Cleveland Clinic in Ohio.

In March, Nash’s attorneys already moved in to prevent Herold from getting rid or selling her $50 million assets in case damages are awarded later in the lawsuit. At the next scheduled hearing, the attorneys will already present a possible agreement, to be approved by the court.

Michael Nash, the twin brother of the victim, was appointed the conservator in Probate Court. According to Nash’s attorney, Charles Willinger, “Damages awarded in this suit would go to the care of her daughter (17-year-old) as well as her recurring medical expenses.”

Tags: attorney, attorneys, brain injury, Charla Nash, Charles Willinger, Cleveland Clinic, injuries, Injury, Michael Nash, Probate Court, Sandra Herold
Posted in Injury, Personal Injury | No Comments »

Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

• Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

• What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

• How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

Tags: attorney, attorneys, California, California divorce, collaborative divorce, Divorce, divorce attorney, mediation
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Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

• Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

• Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

Tags: ADA, attorney, attorneys, criminal defense lawyer, lawyers
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A Request to be Free during Felony Conviction Appeal

Sunday, April 19th, 2009

Michael S. Carona, a former Orange County Sheriff, is requesting a judge to set him free while he’s fighting against his conviction. He was convicted because he leaned on an ex-assistant sheriff to lie for him in front of a grand jury while investigating reports of corruption during his administration.

Carona’s attorneys, on the other hand, say that several appeal issues may reverse this conviction. In a motion that they filed, they mentioned the conduct of the government in recording secret meetings between Carona and Don Haidi (former Assistant Sheriff).

They argued that the prosecutors violated state rules because they recorded Carona even though they know that he already has attorneys representing him. According to one of the attorneys, Jeffrey Rawitz, “The government will not really be prejudiced even if he’s set free. If he loses his appeal, then he can serve his sentence as directed. However, if his release request is not granted and he wins in the appeal (as we believe will happen), then there’s no way for him to recover the time that he spent in prison.”

The prosecutors want Carona to serve nine years in prison plus a fine of $125,000. On the contrary, the defense argues that Carona should not be in prison for more than 21 months. They are also planning to ask for probation.

Tags: attorneys, Don Haidi, Michael Carona, Orange County, Sheriff
Posted in Latest Legal News | No Comments »