Child Support, What Is Child Support And How Does It Work?

Child support is where the non custodial parent pays the custodial parent a certain amount of money each month for the care of the child they share. Child support is generally based on a percentage of income per each child and is intended to help offset the financial burden of the custodial parent. The non custodial parent usually pays a third party the allotted sum which is then forwarded to the custodial parent. Child support can be paid by any parent of a child. There is no restriction on having to be married in order to pay it. It also is not bound by gender roles. Whoever does not have custody of the child pays the support. This does not have to be the father in all situations. Very often, especially these days, the father has custody of the child and the mother pays the support. Child support laws vary from state to state. Often visitation privileges are tied to child support. A non custodial parent who is not on time on payments may forfeit their visitation rights. There may also be restrictions placed on the custodial parent as to how the money is used. Although indirect expenses such as housing are usually valid, the courts may look at other spending habits to ensure the child support is going toward the welfare of the child.
Parents who regularly do not pay child support are known as deadbeat parents. Some parents do not pay because they feel the amount of money ordered was too much and not justified. Other parents may not be able to afford the payments with their existing financial obligations. Some parents may be angry at the other parent and choose to withhold child support as a way to get even with the other parent. Regardless of the reason, not paying child support hurts the child and may also have legal implications for the parent who is not living up to their obligations.
Some states have laws that will revoke the driver’s license of parents who are severely behind on payments. Other states can issue court orders to have wages automatically deducted from paychecks. Any federal or state earnings such as tax refunds or lottery winnings can be held and applied to child support payments that are in arrears. If you are a parent who is having trouble with the child support system, it is advisable to seek assistance from an attorney who specializes in family law. Whether you are a parent who needs a reduction in child support payments or a custodial parent who needs collection assistance, an attorney can help. They are familiar with the individual laws of the state in which you reside and can advise you on the best route to take. Child support is an important function in society to help care for a child. It is difficult for a single parent to have sole financial responsibility for the care of a child, especially if the other parent has the means and ability to help. Ensure that your rights and the rights of your child are properly cared for by pursuing child support; using the money to benefit the child; or paying child support if you are the non custodial parent.


by Gray Rollins
About The Author: Gray Rollins is a featured writer for JustChildSupport. To lean more about child support, visit us at http://www.justchildsupport.com/ and http://www.justchildsupport.com/childsupportlawyer/

Used Car Lemon Law, Sunshine State Seeing Yellow Thanks To Lemon Laws

When people think of Florida, they think of the Sunshine State and their top agriculture product - oranges. However, it is the lemon law Florida enforces that makes vehicle owners see yellow. Lemon law attorneys are almost as abundant as the orange crop in Florida, so just remember them when you decide to seek any legal counsel. However, you can research your basic car lemon law just by browsing the internet or reading below for the highlights on your rights as a consumer when it comes to owning a car lemon.
The late 1980’s saw a new lemon law that holds car makers accountable, by particular situations of course, for refunding the purchaser’s money or exchanging the problem vehicle with a new, comparable model. This law does not cover a used car lemon nor does it provide coverage for ATV vehicles, motorcycles, dirt bikes, motorized scooters or large trucks with a weight of over 10,000 pounds.
This lemon law Florida has also only covers new vehicles, either bought or leased in the state. There are very few exceptions. Defective operation or a major flaw in the car has to be present which would impede the safe use of the vehicle. You have heard that beauty is in the eye of the beholder? Well, the same goes when judging whether or not your vehicle has a legitimate defect. The owner of the car has to have had wasted a lot of time taking the vehicle into the dealership or certified service provider, losing family time and possibly loss of wages due to missed work. Ok, so the lemon laws do not exactly say that, but that is the reality of it right? Technically, you had to have taken the vehicle in at least three occasions for identical problems or have had the car out of commission for fifteen straight days due to the flaw or defect.
Here is where it starts getting irritating. After all this time and aggravation of taking your vehicle in without the problems being fixed, THEN you have to fill out a form from the lemon law Florida handbook. You can state your grievances on there and describe your vehicle problems. The next step is mailing it straight to the manufacturer via certified or receipt mail and waiting for a response. (All this hassle almost makes you want to make lemonade with that car lemon, doesn’t it?) The manufacturer has ten days to pony up a response to your grievance. If you do not hear from them, then their rights are waived. Usually though, you will hear back from the manufacturer where they will direct you to yet another authorized service provider for another inspection of the alleged car lemon. Sounds like a lot of fun! If you get disgusted with the entire process, do a search on the internet or ask around for some reputable lemon law lawyers that can fight the battle for you. Just be sure to keep track of all your repair receipts, any rental car fees due to your vehicle being out of commission and any other warranty work. Documentation is important to following any car lemon law. Good luck in your quest. Let’s hope that you will soon start seeing green, the color of money instead of car lemon yellow!

by Earl Powers
About The Author: Earl Powers, US Lawyer and State Lemon Laws expert at Aquest Group LLC ( http://www.state-lemon-laws-explained.com ) publishes other articles related to State Lemon Laws at http://www.used-car-lemon-laws.com and http://www.lemon-law-attorney.com,

Lemon Law, Lemon Laws - Documentation Is The Key

There is nothing worse than realizing that the vehicle you purchased is not running the way it should, and in fact this can be downright dangerous. Fortunately, all states have a lemon law which allows consumers to address financial and legal issues that may result if they have bought a defective automobile. A vehicle may be considered a lemon if it continues to have a defect that substantially impairs the vehicle’s use, its value or your safety. Generally, if the car has been repaired 4 or more times for the same defect within the warranty period, and the defect has not been fixed, the car qualifies as a lemon. “Lemon” is not a term that can be applied simply because you no longer like certain aspects about your car, and it does not refer to all defects the vehicle may have. If the transmission doesn’t work, the car won't go into reverse, the rear door opens all by itself, the driver's seat wobbles, or the car can’t reach minimum required highway speed, then you may have a lemon. It is essential however, that the dealer has been given an opportunity to correct the problems before the courts will determine the automobile is a lemon. In most states, ten different defects during the warranty period won’t classify the car as a lemon. In some states, a single defect that might cause serious injury could qualify your car as a lemon; if the manufacturer hasn’t fixed the problem after 1 repair attempt. If you think you may have purchased a lemon car, the key to winning your case is documentation. Keep any receipts and records for the repair of the defects in your vehicle, and any receipts pertaining to the vehicle’s breakdown (such as cab fare). Retain any notes you write to the company, as well as names of employees you have talked to about the problems. Any costs or problems caused by the buyer’s neglect or abuse will be specifically excluded by State Lemon Laws.
Purchasing a lemon is an unfortunate but not irreparable circumstance if you follow the correct lemon law procedures. Be diligent with your documentation, even during the frustration. Read your state’s lemon law and follow the documentation requirements to the letter. If you must hire an attorney, this will not only save you tremendous time, but some States provide some portion of attorney’s fee in lemon law resolutions.



by Lemon Law Express
About The Author: copyright©2006 conferencewebs.net. Visit for more http://www.conferencewebs.net/articles articles, resources for http://www.conferencewebs.net and video conferencing.

Legal Advice Forum, 10 Ways To Reduce Tax Burden For Your Small Business

An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands.
Apart from doing extensive research to short list possible lawyers you must ensure that there is not conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice.
You will know the lawyer you have chosen is the perfect one if: 1. He makes an effort to spend time to understand your case himself. He will not assign a legal assistant to take facts of the case down.
2. From experience and knowledge he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand.
3. He will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with backing of earlier rulings.
4. He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case.
5. He will use his foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player he will plan the case not by the day but by many hearings ahead.
6. He will not waste time beating around the bush or create verbose statements–many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated.
7. He will be self-disciplined, thorough, and self confident. Courteous at all times he will respect you as well as all the staff who work for him.
8. He is recommended by not just his friends and relatives but by other professionals of good standing and from his field.
9. He will not just present to you his victories but be happy to tell you why and how he lost certain cases.
10. He will lay the cards on the table and tell you clearly whether your case stands to win or loose. He will not claim that winning is guaranteed. He will be honest and upfront about his opinions and advice.
The bottom line is that the lawyer must be worthy of your trust. Use your inborn instincts and don’t go by the lawyer’s good looks or fancy car or office. After all it is competence in law and in court that is of essence to you.
Everyone worries about taxes and looks for ways and means of reducing the tax burden. When you have a small business of your own you must up date your knowledge of tax laws that pertain to “small businesses.” As a business owner you must understand clearly about accounting systems and tax planning. Sit down with your accountant and plan on ways of maintaining business expenses, filing receipts, planning on “tax saving” investments, and a strategy for running the business in the most beneficial way.
Did you know that: 1. According to law you can reduce your tax liability by hiring family members to carry out work in your business. Pay your children and spouse to perform assigned duties. This way you can shift from higher tax rates to lower ones.
2. Consider hiring independent contractors instead of employees. You will save on payroll taxes. However ensure that you meet the IRS’s criteria. 3. Think about “deferring income” postpone receiving money to January instead of December. This means that payments received will be up for “tax” calculations a year away. However ask your accountant’s advice as the benefits are dependant on profit and losses for the year and your corporate legal structure.
4. Take advantage of tax deductions allowed for charitable donations. Make donations in November or December instead of January so that you can include the donations for tax deductions in the current year.
5. Maximize your expenditure on equipment and office supplies. Buy in advance for a quarter and use the tax deductions allowed in the current fiscal year.
6. Include expenses of business related travel in the current year.
7. Pay all bills due before the end of the year. Payment to cell services, rent, insurance, and utilities related to the business can be included for accounting and applicable tax waivers.
8. Plan a retirement plan and make payments before the end of the year. This will reduce your income for the year and proportionately the tax due. Be sure to check on the limits. Plan a feasible and beneficial strategy with your accountant.
9. Be sure to deduct from your taxable income money paid to licensing fees, businesses taxes, and annual memberships to businesses related organizations. Be sure to deduct interest paid on borrowings for running the business and related fees. Insurance premiums paid to insure the business office and machinery are eligible for tax deductions. Make a list of your memberships and check which ones are eligible for tax deductions.
10. Check whether you have deducted management and administration expenses as well as money spent on maintenance and repairs of equipment.
Decide whether a cash accounting system or accrual one will benefit your business. The tax deductions are different depending on the system you use. When setting up your small business take the advice of a tax and accounting professional as to which accounting system would be most suitable.
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by Paul Wilson
Paul Wilson is a freelance writer for http://www.1888Discuss.com/legal-advice/ , the premier REVENUE SHARING discussion forum for Legal including topics on legal advices, information, lawyers, laws, tax, insurance and more. He also freelances for the premier Taxes Article Submission Directory site http://www.1888Articles.com/taxes-articles-44_4.html legal advice forum

Lemon Law, Top Tricks Dealers Use To Keep You From Getting Rid Of Your Lemon

Taking back your “LEMON” or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws. Here are five (5) common "tricks" car companies use to avoid their Legal obligations to consumers: • Dealer Trick #1 - Saying you do not have the right number of repair attempts.
The Law is very specific in regards to this matter. But dealers commonly mis-code the reason for the visit so it "appears" that you have not been there for the same reason. • Dealer Trick #2 - Saying the defect never existed or it’s not the same defect. This is one of our favorites - the old "Loophole." A bit insulting isn't it - as if you were imagining the car breaking down on Interstate 70. • Dealer Trick #3 - Saying the defect is not "Substantial." The fact is that the defect does not need to be substantial under the Federal Lemon Law. The defect must substantially impair the use, value or safety under the State Lemon Law only. And you do not want the dealer determining if it was "substantial" anyway! • Dealer Trick #4 - Saying the consumer abused or neglected the vehicle. This is the quick "responsibility shift"- your fault not ours. This is typically a bunch of baloney. For example, if the vehicle is advertised as an off road vehicle, it can be taken off road. If you have kept reasonable service records this "trick" is easily dealt with. • Dealer Trick #5 - Saying "That's Normal" or "They All Do That." Today's vehicles should be reliable and operate as advertised. Settling for defects you "can live with" was never part of the bargain when you bought your new vehicle.

by Scott Hallman
About The Author: The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com

Used Car Lemon Law, Are Lemon Law Lawyers Really Worth The Money?

Lemon law had been created to protect the consumer from faulty vehicles. But in order to ensure complete understanding of the law and filing a suit one needs to consult lemon law lawyers. It is not easy to sue the manufacturers with proper help. Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.
Various competent lemon law lawyers, attorneys and law firms ensure consumer rights to be made aware to the consumers. Such lemon law lawyers handle all kinds of consumer cases for all defective vehicles including cars, trucks, mini-vans, SUV’s, recreational vehicles and campers, full size vans, boats, motorcycles and even jet skis. Such lemon law lawyers also offer help for consumer protection laws a defective computer or other consumer products. The lemon law lawyers, attorneys or law firms enable consumers get compensation for their defective vehicles and other products.
Good lemon law lawyers first identify whether the automobile is a lemon or not. Several lemon law lawyers and attorneys have readymade questionnaire that a consumer needs to fill out. Based on the replies received the lemon law lawyers identify if the vehicle is a lemon or not. Most of the lemon law lawyers have websites and the questionnaire can either be freely downloaded or filled online. Lemon law lawyers have substantially greater negotiation power and can achieve better results. Most of the lemon law lawyers have worked successfully in the consumer field for several years developing extensive legal knowledge. A few of lemon law lawyers also know the contacts within the manufacturers which may prove to be helpful while filing a suit. One does not necessarily need lemon law lawyers all the time. In some states with proper documentation one can easily file a complaint but in some states one necessarily needs to hire lemon law lawyers.
Some states also allow consumer to recover fees for lemon law lawyers where as some states also make you them for manufacturer’s lemon law lawyers in case they lose. If lemon law lawyers sue under the Magnuson-Moss Warranty Act, then the fees for lemon law lawyers are awarded if the case if won. In certain cases manufacturers attempt to convince the consumer that the consumer was waived of the rights when they have signed the contract during the lease or the purchase. The lemon law lawyers and attorneys ensure that consumer understands that no no clause or waiver can waive off consumer rights if the vehicle proves to be defective and the lemon law comes in to full force. As with most legal matters, it is wise to consult with licensed, competent lemon law lawyers or attorneys in state of residence that knows the details of the law. Many lemon law lawyers and attorneys offer free consultations, and do not charge a fee unless consumer wins the case. Such lemon law lawyers even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.

by Earl Powers
About The Author: Earl Powers, US Lawyer and Lemon Law Lawyers expert at Aquest Group LLC ( http://www.lemon-law-lawyers.com ) publishes other articles related to Lemon Law Lawyers at http://www.state-lemon-laws-explained.com and http://www.car-lemon-laws.com

Legal Advice Forum, 10 Ways To Identify If Your Lawyer Is Right For You

by Paul Wilson
An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands.
Apart from doing extensive research to short list possible lawyers you must ensure that there is not conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice.
You will know the lawyer you have chosen is the perfect one if: 1. He makes an effort to spend time to understand your case himself. He will not assign a legal assistant to take facts of the case down.
2. From experience and knowledge he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand.
3. He will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with backing of earlier rulings.
4. He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case.
5. He will use his foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player he will plan the case not by the day but by many hearings ahead.
6. He will not waste time beating around the bush or create verbose statements–many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated.
7. He will be self-disciplined, thorough, and self confident. Courteous at all times he will respect you as well as all the staff who work for him.
8. He is recommended by not just his friends and relatives but by other professionals of good standing and from his field.
9. He will not just present to you his victories but be happy to tell you why and how he lost certain cases.
10. He will lay the cards on the table and tell you clearly whether your case stands to win or loose. He will not claim that winning is guaranteed. He will be honest and upfront about his opinions and advice.
The bottom line is that the lawyer must be worthy of your trust. Use your inborn instincts and don’t go by the lawyer’s good looks or fancy car or office. After all it is competence in law and in court that is of essence to you.

by Paul Wilson
Paul Wilson is a freelance writer for http://www.1888discuss.com/legal-advice/ , the premier REVENUE SHARING discussion forum for Legal Advice Forum including topics on legal advices, legal information, lawyers, laws, tax, legal insurance and more. His article profile can be found at the premier Legal Article Submission site http://www.1888articles.com/legal-articles-3.html

Used Car Lemon Law, The Lemon Law In Florida - Stating The Law As It Affects Consumers

The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers’ money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida’s automobile 'Lemon Law,' or popularly known as lemon law Florida.
Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.
Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.
Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.
Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.

by Earl Powers
About The Author: Earl Powers, US Lawyer and Lemon Law Attorney expert at Aquest Group LLC ( http://www.lemon-law-attorney.com ) publishes other articles related to Lemon Law Attorney at http://www.lemon-vehicle.com and http://www.what-is-the-lemon-law.com
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Used Car Lemon Law, The Lemon Law In California - What Are The Consumer Benefits?

Various states across US have different lemon laws. Lemon law California differs from those in other states. It is important to know the fine intricacies of Lemon law California. Lemon law California is also known as Motor Vehicle Warranty Rights Act. The California lemon law states that any vehicle purchase is a major consumer purchase. If such a vehicle turns out to be defective or if is found to cause serious injuries or even hardships to the consumer due to its defects, then a consumer is entitled to be made aware of his rights. Under the consumer rights if the defects or hardships are proved in the Federal court of law and if the vehicle is under warranty period, then a consumer can call for a lemon law suit. Lemon law California and Federal warranty law protect consumers from being stuck with 'Lemon' automobiles, computer lemons and other defective consumer products. According to Lemon Law in California, if any car or computer is turns out to be a Lemon, then a consumer may be entitled to your money back, a replacement or a cash settlement.
According the Lemon law California, the owner of a motor vehicle or the owner's designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer's, converter's, or distributor's warranty agreement applicable to the vehicle. Any complaint regarding a lemon vehicle must be made in writing to the applicable dealer, manufacturer, converter, or distributor. The written complaint about a Lemon must specify each defect in the vehicle that is covered by the warranty. The owner may also invoke the board's jurisdiction by sending a copy of the complaint to the board. Any case regarding the lemon vehicle, if not resolved by owner and dealer or manufacture privately is entitled for a hearing.
Before filing a suit for any damaged vehicle for lemon law California certain points must be ensured for proper proceedings in a federal court of law. All copies of documentation concerning the car and all the repair records should be kept in proper order. A track of details such as when was the vehicle serviced, where the vehicle was purchased from, from whom the vehicle was purchased etc. Technical service bulletins concerning the car should be called for. The VIN or Vehicle Identification Number for a lemon vehicle should be noted specifically. This VIN number is a series of 17 numbers and letters that are unique to each vehicle. It is located on a metal plate at the lower corner of the front windshield on the driver's side. There are various attorneys who specialize in lemon law California such attorneys should be specifically consulted for filing any lemon law suit. A vehicle report history should also be kept in order for any reference before filing the suit for lemon law California. A vehicle report history can be easily obtained from the internet. Various agencies provide free vehicle history report in California. A vehicle history report can be generated by providing the VIN to any of the websites pertaining to vehicles in California. The vehicle history report easily reveals any problems that might not be visible to untrained eye. This could be major damage from collision, fire, hail or water damage, odometer rollback or tampering, lemon or junk status, and much more. Lemon law California states all the provisions to prevent a consumer from being stuck with a lemon. The best way to get rid of lemon car is to act and file a suit as soon as possible.

by Earl Powers
About The Author: Earl Powers, US Lawyer and Car Lemon Laws expert at Aquest Group LLC ( http://www.car-lemon-laws.com ) publishes other articles related to Car Lemon Laws at http://www.used-car-lemon-law.com and http://www.the-lemon-law.com,
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Lemon Law, Lemon Law - Make A Lemonade From Your Sour Experience

Lemon Law Background The term “Lemon-Law” is a nick name derived from other common terms such as “Lemon-Car”, “Monday-cars” and “Friday-Cars”. A lemon car is a defective car that, when purchased new or used, is found by the purchaser to have numerous or severe defects not readily apparent before the purchase. Any vehicle with these issues can be termed a "lemon car" and by extension, any product which has major flaws that render it unfit for its purpose can be described as a "lemon product".
New vehicles directly from the factory may contain hidden mechanical flaws or defects in workmanship, usually caused by an error during the build process of the car.
These errors can range from parts being installed incorrectly, a tool that was used to build the car not being removed, a batch of materials with structural or chemical flaws or simply bad design. Usually, a car is labeled a lemon if the same problem occurs 3 times in a row over a short period, and previous attempts at repair have not repaired the problem. In most cases, if you get a lemon, lemon laws will make the company buy back the car or exchange it.
Many of you might remember that during the late eighties the average American consumer almost lost faith completely with the American made cars.
The amount of lemon cars along with the high rate of over the average visits to the car garages as well as the high repairs and spare parts cost, caused many Americans to switch to Japanese and even European cars.
This was a period of time when Americans were reluctant to go to the dealers garages and preferred to go to oil & lube services only.
At that time Lee Iacocca the CEO of Chrysler Corp identified immediately the problem of mistrust of American consumers in American made cars, Chrysler launched a campaign on national TV promising to provide a bumper-to-bumper warranty coverage for 50,000 miles or five years, which ever comes first! Then GM came with the answer of 60,000 miles or 6 years, which ever comes first! Chrysler returned with the final stroke of 70,000 miles or 7 years which ever comes first.
Few months later I went to the Buick main dealer garage in long Island,I was seating in the waiting room, next to me was a very nervous guy, I asked him why was he so upset with the garage, he explained to me that even though he had this bumper-to-bumper warranty It doesn't cover labor and the damn car is more than a week in the garage and they don't seems to be able to find what is the problem with the car...
The Magnuson-Moss Warranty Act is Known as the "Lemon Law" The Magnuson-Moss Warranty Act is a United States federal law codified at 15 USC 50. Enacted in 1975, it is the federal statute that governs warranties on consumer products.
The Act was sponsored by Senators Warren G. Magnuson of Washington and Frank Moss of Utah, both Democrats.
State Lemon Laws have some differences like coverage of motorcycles and used vehicles, but there are some basic guidelines that they do share. (See 50 state by state Lemon Law Summaries at: http://autopedia.com/html/HotLinks_Lemon2.html).
In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements.
The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule).
In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules.
The Act and the Rules establish three basic requirements that may apply to a warrantor or a seller.
A. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited." B. As warrantor, you must state certain specified information about the coverage of your warranty in a single, clear and easy to read document.
C. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying. The laws define what a lemon car is and require that the manufacturer, not the dealer, takes care of the defects. If a number of attempts have been made to repair a defect that significantly impairs the use, value or safety of a car and the car continues to have this defect, the car is than considered to be a "lemon".
Most statutes set up a warranty rights period of either 12 to 24 months or 12,000 to 24,000 miles. The defect(s) must occur sometime during this period.
Many of the state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. These are: a. If the defect is a serious safety defect involving brakes and or steering, the manufacturer is granted one attempt to repair.
b. If there is a safety defect that is not considered a serious safety defect, the manufacturer has two attempts to repair.
c. For any other defect, the manufacturer is usually given three or four chances to repair the same defect.
d. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, with at least one of those days occurring the first 12,000 miles.
If any one of these of these guidelines can be satisfied, the consumer is usually given the right to require repurchase or replacement of his/her vehicle.
Most lemon laws do allow an offset for use of the vehicle by the consumer. Oftentimes, a reduction in the consumer's purchase price return is used in relation to the number of miles he/she had put on the car. One law spells out the reduction in refund for use as follows: (miles at time of refund X purchase price)/100,000 Only about one half of the lemon laws allow the consumer to recover attorney's fees in his/her action. Those states that do allow attorney's fees provide for a greater likelihood of success and representation in warranty disputes.
What the Magnuson-Moss Act — Lemon Law, Does Not Require First, the Act does not require any business to provide a written warranty. The Act allows businesses to determine whether to warrant their products in writing. However, once a business decides to offer a written warranty on a consumer product, it must comply with the Act.
Second, the Act does not apply to oral warranties. Only written warranties are covered.
Third, the Act does not apply to warranties on services. Only warranties on goods are covered. However, if your warranty covers both the parts provided for a repair and the workmanship in making that repair, the Act does apply to you. (Source: http://www.ftc.gov/index.html).
Finally, the Act does not apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family, or household purposes are covered. (This includes property attached to or installed on real property.) Note that applicability of the Act to a particular product does not, however, depend upon how an individual buyer will use it.


by Amit Laufer
About The Author: Amit Laufer is a Writer & Internet Marketer MBA — International Trade & Finance. Bsc. Computers Information Systems. Owner Editor of: http://www.lemonlaw-cars.com/

Legal Advice Forum, Career Options In Law

A lawyer helps people as well as businesses solve legal problems, understand rules and regulations, and ensure that the lives people lead are within the confines of law. Lawyers play many roles from arguing cases in court, to defending a person’s or nation’s right to freedom, and working with business houses handling their legal matters. This would mean knowing the laws of the land, being able to draft documents that will be upheld in any court, and advice people on their individual needs. To be qualified in the field of law, a future lawyer needs to complete four years of undergraduate school followed by three years in a law school. Then a law graduate must complete the bar examination which tests the comprehensive knowledge of law. After this, the person is given a valid license to practice law. Tests are not just book knowledge; the person is screened for character as well as moral standards.
Law has many fields and it is important for you to understand the different options clearly. Once the examinations are cleared you can: • Take up private practice which means practicing law on your own or being a part of a larger firm that has hundreds of attorneys. In private practice one can be a trail lawyer or a corporate attorney who handles contracts, wills, legal documents, memorandums, and other aspects of business and everyday life. Clients will seek advice on matters of divorce, marriage agreements, adoption, mergers, acquisitions, setting up of trusts, charity organizations, and more. A private practice lawyer can either be an expert in one field or be a “jack of several aspects of law.” Private practice can include aspects of income tax law, patent and trade mark law, oil and gas law, as well as labor law.
• Be a corporate lawyer and work in the legal department of a large business house. This would involve all legal aspects of running a business from mergers and acquisitions to employee rights, tax, balance sheets, financial aspects, and more.
• Be a lawyer in the government and work for federal agencies at the national or state level. This would of course involve things like public litigations, hearings of regulatory agencies, ordinances, policy making, and more. Many lawyers hold important offices in the government.
• Be a lawyer who defends public interests and consumer rights. • Work in the judiciary and serve as a municipal, state or federal DA or judge. This would involve presiding over and arguing for criminal and civil court proceedings.
• Teach law to students. This would include law enforcement, business law, real estate law, and cyber law. One could also work as a law librarian, editor, and administrator.
• Be a lawyer in the military service. This would mean specializing in international laws and all aspects of security as well as human rights.
The options are numerous and once you are qualified you could choose a field that excites you and fulfills your ambitions.

by Paul Wilson
Paul Wilson is a freelance writer for http://www.1888discuss.com/legal-advice/ , the premier REVENUE SHARING discussion forum for Legal including topics on legal advices, information, lawyers, laws, tax, insurance and more. He also freelances for the premier Dating Service site http://www.1888Dating.com legal advice forum

Divorce Law, "america’s Voiceless" The Children Of Divorce

When people start a new relationship, it is as though Cinderella and her Prince stepped out of that childhood story. A more realistic way to look at it is to think of it as two people who are running for office, campaigning to be in the other person’s life. Forget that it is not who they will be later in life. We are too busy getting the other person to “choose us” so we can live happily ever after. There is, bad habits early on in the relationship we never see. For instance, leaving dirty clothes scattered, drinking directly out of the juice carton, putting a dirty knife back in the drawer and watching from around the corner as they lick it clean, washing is too much effort. Both sides hide their bad habits when they begin dating, because they are too busy running for the highest office in the country, ultimately the office of marriage and parenthood.
This fantasy life fades as people grow together in a relationship. Unfortunately, about sixty percent grow apart during the marriage.
When the marriage ends it is like a house set on fire. All desired hopes, dreams and commitment cherished by both sides, up in smoke. But, we forget that the child of this relationship has yet to lay the foundation of their lives.
Divorce on any level, is devastating. For children, their warm, safe world is suddenly shattered like a broken toy, in many pieces. When parents begin to divorce, do they really stop and think about the children? All too often, the children fall under the invisible heading of “power base” or worse yet, “negotiable”.
A child’s life during a divorce is like a roller coaster, going up minute and down the next. Parents are keeping score of their child’s affection as though they were at a sporting event. Both parents fear losing ground as though their competition, the other parent, chips away at there own individual “power base”. This is an automatic reaction during a divorce. If only parents would stop for a moment and realize, that children have unconditional love for each of them.
Children were not beamed down from space to earth. They were conceived and brought into this world with the greatest expectations, and most of all love. By two people the child calls mother and father. These two people have forgotten that being a parent, role model and teacher, means not putting down the other. Or using the children to emotionally beat up the “competition”. Because, being a parent is a privilege! A divorce is like a funeral. Of course, there is no casket or service. But the process is the same.
“Funeral” services begin when the parties enter their lawyers office, (I call them legal funeral representatives) they help prepare for the death of their clients marriage.
The lawyers seek out personal, confidential information about you, only to file it in a public record for the world to see.
Attached to this public record filing is a detailed financial description, (yours) of personal property and assets acquired during the marriage.
Somewhere between page 11 or 15 of the divorce agreement, your children are listed, like an asset, by name and age. And on yet another page, you will find the “children”, stating who gets custody when, on what days, with specific times and for how long. Can’t forget the holiday schedules, this appears on yet another page of the divorce decree. This page looks more like a major event schedule, trading odd and even years off during the holidays.
If parents would think for a moment and get off their “power base”, they should be able to work out these very private details among themselves.
Months, and in some cases years later a judge, who I refer to as the coroner (no disrespect intended) sit before these strangers, in a court of law, with people who once vowed to love, honor and cherish each other all the days of their lives, ask if all parties are in agreement, with the tap of his gavel, signs the death certificate (known more commonly as the divorce decree.
I for one think this process is a crime. We allow total strangers to settle our once very happy lives. The greater crime, however, is the children, divided up among the parents like a piece of property. They are the “Voiceless Victims.”


by Susan Murphy-Milano
© 2005 - Susan Murphy Milano http://www.movingoutmovingon.com About The Author: Susan Murphy Milano, is a respected author and nationally recognized relationship expert.Her new book Moving Out,Moving On, when a relationship goes wrong is now available.Susan's quest for justice has been trumpted across the pages of newspapers, magazines, radio and televison, including, Oprah, CNN, MSCNBC, ABC, NBC, 20/20.http://www.movingoutmvoingon.com

Business Law, How To Conduct On-line Due Diligence Before Entering Into Business Relationships

Do you enter into business relationships, acquisitions, property investments, partnerships, or enter into a transaction without first verifying a companies identity, associates and affiliations? Most people do and your not alone. However most entrepreneurs still enter into business relationships with curiosity and unanswered questions they may have regarding a company or associate of a particular company. Wouldn’t it be beneficial to you and or your company to limit liability and risk by conducting due diligence before entering into business relationships? By limiting your risk and liability your business will have a far greater chance to succeed. By conducting simple due diligence and developing your own profile on any person or business you will have a much better understanding of a particular business and its associates which is vital to your business decisions. 90% of the information you need to know can be found on-line. You just have to know where to look for it, and how to look for it. I will show you how you can develop your own profile on anyone or any business on-line for free.
Example on a property investment acquisition. I contacted an individual who had placed a classified add through an on-line newspaper under real estate finance/services for hard money lending, private money lenders. I was really just trying to get a feel for the market in that specific area of the country. I do this by contacting various types of real estate professionals such Agents, brokers, title companies/escrow, private/hard money lenders, bird dogs, wholesalers, etc.
When I call I get their personal name and the company name they work for (if any). If it’s a company its usually an LLC which is very common in the real estate industry or another type of corporate entity. A lot of times people talk fast or not very clear on the phone. So I always have them spell out their name and company name and have them provide me any additional contact numbers that they can provide should I need to speak with them at another time.
When the subject I’m speaking to on the phone tells me the name of the company he or she represents and it is a corporate entity such as an LLC, S-Corp, partnership, etc. I know right away I can get the corporate members names within a few minutes. I will first go to the states web site in which the individual claims to conduct business in and lookup the entity online by the name of the company.
Just about all the states in the U.S have free online searches at their web sites where you can lookup information about a corporation by company name or agent names. Just go to your favorite search engine like Google or MSN and type in the name of the state and corporations. Example “Arizona Corporations”, “Texas Corporations”, “Nevada Corporations”. The search engines will typically return the results your looking for within the first two organic search result listings. Once you get to the states web site you will need to find where on the web site you can lookup a Corporation. Usually it will just read “Look up Corporations”. Type in the name of the company and you can find out all corporate members, addresses, resident agents, corporate status- good standing- dissolved, revoked, etc. What I typically do is find out if the name the subject provided to me on the phone is indeed an actual member of the corporation, and then I run his or her name through the states database and see if he or she is involved in any other types of corporations. I find that is quite common to have members involved in several corporations.
Sometimes you will not find a companies name in the specific states database. There could be a few reasons for this. The company may be a sole proprietor, or the company is registered in another state but has not filed as a foreign entity in the state they are doing business in. Sometimes companies operate this way. In this case it would be wise to search the Nevada and Delaware corporation web sites to determine if the company or agents are registered in either of those two states. There are a great number of corporations that register in Nevada and Delaware simply because of the asset protection. It’s difficult to pierce the corporate veil under the laws of those two states and that alone drives many, many companies to register in those particular states.
I then run the companies name and agents name through online courthouse records in the specific county where they are residing in or conducting business in. Again like with the states, most counties have some type of information that is accessible online. Civil, family law and criminal filings are what you would most be interested in. You can go to the National Association of Counties by going to- http://www.naco.org and look up the county of your interest and you will go to their web site and see what kind of records that are accessible on-line for you to search. If you don’t know the name of the county, you can locate a County by just knowing the City and State by going to the U.S Census Bureau and searching their database located here: http://quickfacts.census.gov/cgi-bin/qfd/lookup?state=01000 Or you can locate a County by Zip Code by searching this database by just entering a zip code http://www.usatrace.com/Search.html As soon as you locate the counties web site that you want to search just run the subjects name and company name through the various online databases. It can be very interesting to what you might find through courthouse records.
You should also run the subjects name, company name, phone number, any addresses separately through Google- Using each category- Main Google, Google Groups, Google News. I typically run the above search criteria through Google to see what I can find and where it links to. You can also verify if any address is a mail drop (like Mail boxes Etc.) or if it is actually a street location by using a free database search located here: http://www.finaid.com/scholarships/maildropsearch.phtml Let me give you a recent example of how my typical investigation starts.
The individual that I recently contacted in regards to private money lending had provided me his name and company name when I asked, which is typical with any dealings on the phone. I already had his contact number from the add that he had placed on-line in the classifieds under “real estate finance/services”.
I first ran the phone number to see if it was a cell number or a landline number. I do that by going to http://fonefinder.net I then ran his telephone number through Google to see if it appears online anywhere. I enter phone numbers in Google like this:- area code-prefix-phone number. Example- “111-555-1212” . Running this search gives me a good idea if the phone number he provided me has been used anywhere online. Sometimes I find a different name of the company other than what they provided, or I may find a web site where the phone number was used as a contact number, I may even find a personal add placed where the subject was trying to sell a classic car and the contact number matched that of which I already had. Or I can find out which forums the subject hangs out at, he may have used the phone number there. If I find a website where the contact number I entered into Google shows up, I find out who owns the web site by searching the whois directory located here- http://www.betterwhois.com I may find another name or indeed find out my subject owns this particular web site.
I start developing my profile of the business and the subject themselves by initially starting with a simple phone number. I can find all kinds of interesting things by simply running a search through Google with the subjects contact telephone number.
I then ran the company name that the subject had provided me by going online at the specific states website where I can look up and find out information about corporations. This will allow me to verify or reveal agents names. Sure enough he was a member of the corporation. However the last name he provided to me was spelled and pronounced much differently than what was revealed with the corporation search. It was way off.
I then went to the respective county web site to search online for civil and criminal records on the subject. I knew which county to search based on the subjects phone number and also the zip code that was returned for the subjects address revealed in the corporation search through the states website.
I found numerous civil filings on the subject regarding business dealings including an Exparte filed for a wire tap on the subjects phone number as well as family law cases involving domestic violence. I also found a criminal case-. Possession of marijuana Now it doesn’t take a rocket scientist to make up ones mind if they would like to enter into a business relationship with this subject. There is a greater possibility that I might have issues with this individual and things may not work out so well in the future.
There are many scenarios of why you would need to conduct due diligence on a individual or company. But remember you should always verify or reveal information on an individual or company prior to entering into a business relationship.


by Frank Bruno
About The Author: Frank Bruno has been a Private Investigator for 8 years and is an expert in on-line Investigations. He has been the manager of USATrace.com since 1997. http://www.USATrace.com

Law, The Medical Malpractice Problem Is Bigger Than You Think!

Give or take a few thousand, approximately 80,000 people in the United States die each and every year at the hands of medical "professionals." Medical malpractice is rampant in this country and it isn't receiving the kind of press it deserves.

Consider this. If you run the numbers, 80,000 deaths a year is the equivalent of three fully packed jumbo jets nose diving into the ground with no survivors, every week.

How long would it take for you to realize you need to find a better form of transportation? And yet, patients are being admitted to hospitals and treated in doctor's offices with out ever considering their odds of coming out alive. It staggers the imagination. Medical malpractice is such an epidemic that if it were some new kind of new flu virus, the center for disease control in Atlanta would be screaming to the high heavens. But still, the American public is
being led into precarious medical situations like sheep being led to slaughter.

The statistics have been confirmed by numerous studies performed in California and New Jersey. Ph.D., Elizabeth A. McGlynn, Ph.D, and Robert H. Brook, M.D., Sc.D. discovered that autopsy studies revealed rates between 35 and 40% of missed diagnoses by medical personnel. The majority of the cases resulted in the patient's death.

Unfortunately medical malpractice injuries and deaths go un-publicized since the incidents happen "only" one at a time. The social impact (shock factor) is not present because injury and death is sort of a "private thing.
Search our entire site below!

" Even more disturbing, these numbers are only based on statistics the hospitals themselves are willing to reveal. It doesn't take much of a stretch in the imagination to believe that the numbers are far greater.

The stats do not include deaths from missed diagnoses or medical negligence that occurred in clinics, private doctors' offices, dental offices or other non-hospital facilities. Interestingly, very few claims are filed on behalf of the victims. Less than 2% of the people injured, (or their families in fatal cases) ever seek compensation by filing a lawsuit.

Medical Malpractice in the United States is a national disgrace. Even worse, it is receiving little attention when compared to the hottest new TV reality show. We "Survivors" better quickly figure out if there is anything that can be done to stop the slaughter.


by Tony Merlino
About The Author: Tony Merlino is webmaster and legal marketing consultant at http://www.JerseyJustice.com ,a legal information and marketing portal for clients and their lawyers in New Jersey.

State Law, Getting The Most Juice In Your California Lemon Law

by Terry Dunn

It is a consumer’s right to return a defective product that he has purchased. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most “juice” from your “lemon.”

1.Never let the manufacturer or dealer discourage you The California Lemon Law provides guidelines by which you can determine if your car qualifies. A car is considered a “lemon” under the California Lemon Law if it has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first. Two repair attempts are given to defects that may cause injury or death.

2.Know your rights Research the guidelines provided by the California Lemon Law and decide for yourself if what you have is a “lemon. Don’t let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. There are a lot of websites in the Internet that could provide you with relevant information on California Lemon Law.

3.Read your manual Don’t let that manual gather dust in one of your drawers. Know everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter.
Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4.Don’t waste time Remember that the California Lemon Law provides a deadline for complaints. Don’t wait for the last minute to file yours.

5.Take it to authorized service center In having your car repaired, make sure that you go only to authorized service centers to ensure that the car is repaired properly. Under the California Lemon Law, buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair.

6.Keep records Never fail to ask for proper documentations, even if the center has not seen anything wrong with your car. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7.Put it in black and white Send a letter of complaint. This is one way to legally give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. If possible, send it over through certified mail to make sure that they did receive it.

8.Know your options and seek advice Most car companies have arbitration program that take care of Lemon Law complaints in California. If arbitration does not work, you can always seek legal counsel. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.


About The Author: Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Estate Planning Overview , Part II

Your Durable Power of Attorney

For most people, the durable power of attorney is the most important estate-planning instrument available-even more useful than a will. A power of attorney allows a person you appoint – your “attorney –in-fact “ – to act in your place for financial purposes when and if you ever become incapacitated.

In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. The court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservator ship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

A power of attorney may be limited or general. A limited power of attorney may give someone the right to sign a deed to property on a day when you are out of town. Or it may allow someone to sign checks for you. A general power is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself.

A power of attorney may also be either current or “Springtime”. Most powers of attorney take effect immediately upon their execution, even if understanding is that they will not be used until and unless the grantor becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. In the power of attorney be clearly laid out in the document itself.

While you should seriously consider executing a durable power of attorney, if you do not have someone you trust to appoint it may be more appropriate to have the probate court looking over the shoulder of the person who is handling your affairs through a guardianship or conservatorship. In that case, you may execute a limited durable power of attorney simply nominating the person you want to serve as your conservator or “guardian”.

Your Medical Directive

Any complete estate plan should include a medical directive. This term may encompass a number of different documents, including a durable power of attorney for health care and a living will. The exact document or documents will depend on the choices you make. This document designates someone you choose to make healthcare decisions for you if you are unable to do so yourself. A living will, discussed below, instructs your health care provider to withdraw life support if you are terminally ill or in a vegetative state.

Power of Attorney for Health Care The statutory power of attorney for health care, mentioned above, is one example of a medical directive. The power of attorney is a much more efficient and powerful tool than the living will, but the living will has the advantage that it is self-actuating and needs nothing else but to be available when needed. The delay in locating the agent under a health care power of attorney may mean that the health care provider must act without the limitations expressed in the power of attorney, at least initially. If you are traveling when health care is needed, the existence of the living will may be easier to confirm through your physician or family members. It should also be noted that there may be a conflict between the directions in one document and those contained in the other. In Illinois, the power of attorney takes precedence over the living will as long as an agent under the power is available to act. This issue is important if it is necessary to withdraw food and hydration, since doing so is prohibited in living wills in Illinois.

Living Will

Living wills, like many legal documents have certain strengths and certain weaknesses. It is often an advantage to have a self-actuating document that will allow the health care provider to withdraw or not commence artificial life support measures in the limited circumstances prescribed by the statutory language of the living will, especially when the agent named in a power of attorney for health care is unavailable on an emergency basis. However, the limitation imposed by the statutory language, which requires the maintenance of food and water, may frustrate the intent of the terminally ill person, and that limitation is not a factor with an agent under a power of attorney for health care unless the principal specifically imposes that restriction.

Mental Capacity Requirements

Proper execution of a legal instrument requires that the person signing have sufficient mental “capacity” to understand the implications of the document. While most people speak of legal “capacity” or “competence” as a rigid black line—either the person has it or doesn’t—in fact it can be quite variable depending on the person’s abilities and the function for which capacity is required.

One side of the capacity equation involves the client’s abilities, which may change from day to day (or even during the day), depending on the course of the illness, fatigue and the effects of medication. On the other side, greater understanding is required for some legal activities than for others. For instance, the capacity required for entering into a contract is higher than that required executing a will.

The standard definition of capacity for wills has been aptly summed up by one court as follows:

Testamentary capacity requires ability on the part of the testator to understand and carry in mind, a general way, the nature and situation of his property and his relations to those persons who would naturally have some claim to his remembrance. It requires freedom from delusion which is the effect of disease or weakness and which might influence the disposition of his property. And it requires ability at the time of execution of the alleged will to comprehend the nature of the act of making a will.

That is a relatively “low threshold,” meaning that signing a will does not require a great deal of capacity. The fact that the next day the testator does not remember the will signing and is not sufficiently “with it” to execute a will then does not invalidate the will if he understood it when he signed it.

The standard of capacity with respect to durable powers of attorney varies from jurisdiction to jurisdiction. Some courts and practitioners argue that this threshold can be quite low. The client need only know that he trusts the attorney-in-fact to manage his financial affairs. Others argue that since the attorney-in-fact generally has the right to enter into contracts on behalf of the principal, the principal should have capacity to enter into contracts as well. The threshold for entering into the contracts is fairly high. The standards for entering into a contract are different because the individual must know not only the nature of her property and the person with whom she is dealing, but also the broader context of the market in which she is agreeing to buy or sell services or property.

One court defined the competency required to execute a contract as follows:

Competency to enter into a contract presupposes something more than a transient surge of lucidity. It requires the ability to comprehend the nature and quality of the transaction; together with an understanding of what are “going on”, but an ability to comprehend the nature and quality of the transaction, together with an understanding of its significance and consequences.

As a practical matter, in assessing a client’s capacity to execute a legal document, attorneys generally ask the question “Is anyone going to challenge this transaction?” If a client of questionable capacity executes a will giving her estate to her husband and then to her children if her husband does not survive her, it’s unlikely to be challenged. If, on the other hand, she executes a will giving her estate entirely to one daughter with nothing passing to her other children, the attorney must be more certain of being able to prove the client’s capacity.

While the standards may seem clear, applying them to particular clients may be difficult. The fact that a client does not know the year or the name of the President may mean that she does not have capacity to enter into a contract, but not necessarily that she can’t execute a will or durable power of attorney. The determination mixes medical, psychological and legal judgments. It must be made by the attorney (or a judge, in the case of guardianship and conservator ship determinations) based on information gleaned by the attorney in interactions with the client, from the other sources such as family members and social workers, and, if necessary, from medical personnel. Doctors and psychiatrist cannot themselves make a determination as to whether an individual has capacity to undertake a legal commitment. But they can provide a professional evaluation of the person that will help an attorney make this decision.

Because you need a third party to assess capacity and because you need to be certain that the formal legal requirements are followed, it can be risky to prepare and execute legal documents on your own without representation by an attorney.

Trusts

Trusts have one set of beneficiaries during their lives and another set – often their children – who begin to benefit only after the first group has died. The first are often called “life beneficiaries” and the second “remaindermen”.

Uses of Trusts

There can be several advantages to establishing a trust, depending on your situation. Best-known is the advantage of avoiding probate. In a trust that terminates at the death of the person who creates it (the “grantor”), any property in the trust prior to the grantor’s death passes immediately to the beneficiaries by the terms of the trust without requiring probate. Think of a trust much like a legally binding contract that the trustee must follow. By avoiding probate, trusts save time and money for the beneficiaries. Certain trusts can also result in tax advantages both for the grantor and the beneficiary. These are often referred to as “credit shelter” or “life insurance” trusts. Other trusts may be used to protect property from creditors or to help donor qualify for Medicaid. Unlike wills, trusts are private documents and only those individuals with a direct interest in the trust need know of the trust assets or then distributions. Provided they are well drafted, another advantage of trusts is their continuing effectiveness even if the grantor dies or becomes incapacitated.

Kinds of Trusts

Trusts fall into two basic categories: testamentary and inter vivos.

A testamentary trust is one created by your will, and it does not come into existence until you die. In contrast, an inter vivos trust starts during your lifetime. You create it now and it exists during your life.

There are two kinds of inter vivos trusts: revocable and irrevocable.

Revocable Trust

Revocable trusts are often referred to as “living” trusts. With a revocable trust, the grantor maintains complete control over the trust and may amend, revoke or terminate the trust at any time. This means that you, the grantor, can take back the funds you put in the trust or change the trust’s terms. Thus, the grantor is able to reap the benefits of the trust arrangement while maintaining the ability to change the trust at any time prior to death or incapacity.

Revocable trusts are generally used for the following purposes:

Asset Management. 1. They permit the named trustee to administer and invest the trust property for the benefit of one or more beneficiaries.

Probate Avoidance. 2. At the death of the person who created the trust, the trust property passes to whoever is named in the trust. It does not come under the jurisdiction of the probate court and the probate process need not hold up its distribution or diminish its value by extra cost. However, the property of a revocable trust will be included in the grantor’s estate for estate purposes.

Tax Planning. 3. While the assets of a revocable trust will be included in the grantor’s taxable estate, the trust can be drafted so that the assets will not be included in the estates of the beneficiaries, thus avoiding taxes when the beneficiaries die.

Irrevocable Trust

An irrevocable trust cannot be changed or amended by the donor. The trustee as provided for in the trust document it may only distribute property placed into the trust according to the trust specific terms. For instance, the donor may set up a trust under which he or she will receive income earned on the trust property, but that bars access to the trust principal. This type of irrevocable trust is a popular tool for Medicaid planning and or estate tax planning.

Testamentary Trusts

As noted above, a testamentary trust is a trust created by a will. Such a trust has no power or effect until the will of the grantor is probated. Although a testamentary trust will not avoid the need for probate and will become a public document, as it is a part of the will, it can be useful in accomplishing other estate planning goals. For instance, the testamentary trust can be used to reduce estate taxes on the death of a spouse or provide the care of a disabled or minor child.

Supplemental Needs Trusts

The purpose of a supplemental needs trust is to enable the donor to provide the continuing care of a disabled spouse, child, relative or friend. The beneficiary of a well-drafted supplemental needs trust will have access to the trust assets for purposes other than those provided by public benefits programs. In this way, the beneficiary will not lose eligibility for benefits such as Supplemental Security Income, Medicaid and low-income housing. A supplemental needs trust can be created by the donor during life or be part of a will.

Estate Taxation

Under the tax law enacted in 2001, whatever you own is subject to the federal estate tax upon your death, until 2010. For the year 2010, estates will be entirely free from federal taxation. However, the law that includes these provisions expires at the end of 2010. Thus, unless Congress acts in the interim, the estate tax rules will then revert to those prevailing in 2001.

For 2001, the tax rate on estates begins at 37 percent and rises to a maximum of 55 percent. depending on how much is being passed to your heirs. Between 2002 and 2009, the top tax rate will gradually be lowered to 45 percent (see box below).

That said, not all estates will be taxed while the estate tax is in effect. First, spouses can leave any amount of property to their spouses free of federal estate taxes so long as their spouse is a U.S. citizen. Second, the federal tax applies only to estates valued at more than $1,000,000 in 2002. This amount will rise to $1.5 million in 2004 and then increase incrementally until it reaches $3.5 million in 2009 (see box). The federal government allows you this tax credit for gifts made during your life or for your estate upon your death. Third, gifts to charities are not taxed.

Illinois has an estate tax. But this is a so-called “sponge” tax, which ultimately doesn’t cost your estate. The way this works is that Illinois takes advantage of a provision in the federal estate tax permitting a deduction for taxes paid to the state up to certain limits. Illinois simply takes the full amount of what you are allowed to deduct off the federal taxes.

Federal Estate Taxes: Top Tax Rate Unified Exemption Equivalent 2001 55% 675,000 2002 50% 1,000,000 2003 49% 1,000,000 2004 48% 1,500,000 2005 47% 1,500,000 2006 46% 2,000,000 2007 45% 2,000,000 2008 45% 2,000,000 2009 45% 3,500,000 2010 N/A N/A

Making Gifts: The $10,000 Annual Rule

One simple way you can reduce estate taxes or shelter assets in order to achieve Medicaid eligibility is to give some or all of your estate to your children (or anyone else) during their lives in the form of gifts. Certain rules apply, however. There is no actual limit on how much you may give during your lifetime. But if you give any individual more than $10,000 during a calendar year, you must file a gift tax return reporting the gift to the IRS. Also the amount above $10,000 will be counted against the unified exempt equivalent that you may give tax-free during your life or upon your death.

The $10,000 figure is an exclusion from the gift tax-reporting requirement. You may give $10,000 to each of your children, their spouses, and your grandchildren (or to anyone else you choose) each year without reporting these gifts to the IRS. In addition, if you’re married, your spouse can duplicate these gifts. For example, a married couple with four children can give away up to $80,000 a year with no gift tax implications. In addition, the gifts will not count as taxable income to your children.

Nicolosi & Associates - Attorneys at Law Since 1948. Skilled in the law. Experienced in business. http://www.nicolosilaw.com

Estate Planning Overview, Part I

Why Plan Your Estate?

The knowledge that we will eventually die is one of the things that seem to distinguish humans from other living beings. At the same time, no one likes to dwell on the prospect of his or her own death. But if you postpone planning for your passing until it is too late, you run the risk that your intended beneficiaries – those you love the most – may not receive what you would want them to receive either because of extra administration costs, unnecessary taxes or squabbling among your heirs.

This is why estate planning is so important, no matter how small your estate may be. It allows you, to ensure that your assets and other possessions will go to the people you want, in the way you want, and when you want. It permits you to save as much as possible on taxes, court costs and attorneys’ fees; and it affords the comfort that your loved ones can mourn your loss without being simultaneously burdened with unnecessary red tape and financial confusion.

All estate plans should include, at minimum, two important estate-planning instruments: a durable power of attorney and a will. The first is for managing your property during your life, in case you are ever unable to do so yourself. The second is for the management and distribution of your property after death. In addition, more and more, Americans also are using revocable (or “living”) trusts to avoid probate and to manage their estates both during their lives and after they’re gone.

Your Will

Your will is a legally binding statement directing who will receive your property at your death. It also appoints a legal representative to carry out your wishes. However, the will covers only probate property. Many types of property or forms of ownership pass outside of probate. Jointly owned property, property in trust, life insurance proceeds and property with a named beneficiary, such as IRAs, insurance policies or 401(k) plans, can all pass outside of probate.

Why should you have a will?

Here are some reasons.

First, with a will you can direct where and to whom your assets (what you own) will go after your death. If you died instate (without a will), your estate would be distributed according to state law. Such distribution may or may not accord with your wishes.

Many people try to avoid probate and the need for a will by holding all of their assets jointly with their children. This can work, but often people spend unnecessary effort trying to make sure all the joint accounts remain equally distributed among their children. These efforts can be defeated by a long-term illness of the parent or the death of a child. A will can be a much simpler means of affecting one’s wishes about how assets should be distributed.

The second reason to have a will is to make the administration of your estate run smoothly. Often the probate process can be completed more quickly and at less expense to your estate if there is a will. With a clear expression of your wishes, there are unlikely to be any costly, time-consuming disputes over who gets what.

Third, only with a will can you choose the person to administer your estate and distribute it according to your instructions. In Illinois this person is called your “personal representative”. If you do not have a will naming him or her, the court will make the choice for you. Usually the court appoints the first person to ask for the post, which is most closely related to you at the time of death.

Fourth, for larger estates, a well planned will can help reduce estate taxes.

Fifth, and most important, through a will you can appoint who will take your place, as guardian of your minor children should both you and their other parent both pass away.

Filling out the worksheet that our office provides will help you make decisions about what to put in your will. Bring it and any additional notes to our office and our estate planning professionals will be able to efficiently prepare a will that meets your needs and desires.

Estate Administration- Probate Procedure

Probate is the process by which a deceased person’s property, known as the “estate”, is passed to his or her heirs and legatees (people named in the will), the entire process, supervised by the probate court, usually takes about one year. However, substantial distributions from the estate can be made in the interim.

The emotional trauma brought on by the death of a close family member is often accompanied by bewilderment about the financial and legal steps the survivors must take. The spouse who passed away may have handled all of the couple’s finances. Or perhaps a child must begin taking care of probating an estate about which he or she knows little about. And this task may come on top of commitments to family and work that can’t be set aside. Finally, the estate itself may be in disarray or scattered amount many accounts, which is not unusual with a generation that saw banks collapse during the Depression.

Here we set out the steps the surviving family members should take. These responsibilities ultimately fall on whoever was appointed executor or personal representative in the deceased family member’s will. Matters can be a bit more complicated in the absence of a will, because it may not be clear who has the responsibility of carrying out these steps.

First, secure the tangible property. This means anything you can touch, such as silverware, dishes, furniture, or artwork. You will need to determine accurate values of each piece of property, which may require appraisals, and then distribute the property as the deceased directed. If property is passed around to family members before you have the opportunity to take an inventory; this will become a difficult, if not impossible, task. Of course, this does not apply to gifts the deceased may have made during life, which will not be part of his or her estate.

Second, take your time. You do not need to take any other steps immediately. When bills do need to be paid, they can wait a month or two without adverse repercussions. It’s more important that you and your family have time to grieve. Financial matters can wait. When you’re ready but not a day sooner, meet with one of our attorneys to review the steps necessary to administer the deceased’s estate. Bring as much information as possible about finances, taxes and debts. Don’t worry about putting the papers in order first; our attorney will have experience in organizing and understanding confusing financial statements.

In general rules of estate administration include the following steps:

1. Filing the will and petition at the probate court in order to be appointed executor or personal representative. In the absence of a will, heirs must petition the court to be appointed “administrator” of the estate.

2. Marshalling, or collecting the assets. This means that you have to find out everything the deceased owned. You need to file a list, known as an “inventory”, with the probate court. It’s generally best to consolidate all of the estate funds to the extent possible. Bills and bequests should be paid from a single checking account, either one you establish or one set by our firm on your behalf, so that you can keep track of all expenditures.

3. Paying bills and taxes. If an estate tax return is needed—generally if the estate exceeds $675,000 in value—it must be filed within nine months of the date of death. If you miss this deadline and the estate is taxable, severe penalties and interest may apply. If you do not have all of the information available in time, you can file for an extension and pay your best estimate of the tax due.

4. Filing tax returns. You must also file a final income tax return for the decedent and, if the estate holds any assets and earns interest or dividends, an income tax return for the estate. If the estate does earn income during the administration process, it will have to obtain its own tax identification number in order to keep track of such earnings and file an estate income tax

notion in addition to the decedent’s final income tax return.

5. Distributing property to the heirs and legatees. Generally, executors do not pay out all of the estate assets until the period runs out for creditors to make claims, which in Illinois is 6 months from the date the estate, notice of death in the newspaper. But once the executor understands the estate and the likely claims, he or she can distribute most of the assets, retaining a reserve for unanticipated claims and costs of closing out the estate.

6. Filing a final account. The executor must file an account with the probate court listing any income to the estate since the date of death and all expenses and estate distributions. Once the court approves this final account, the executor can distribute whatever is left in the closing reserve, and finish his or her work

Avoiding probate through joint ownership or trusts can eliminate some of these steps. But whoever is left in charge still has to pay all debts, file tax returns, and distribute the property to the rightful heirs. You can make it easier for your heirs by keeping good records of your assets and liabilities. This will shorten the process and reduce the legal bill.

Guardianship and Conservatorship

Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions due to a mental disability, the court will appoint a substitute decision maker, called a “guardian”. Guardianship is a legal relationship between a competent adult (the “guardian”) and a person who because of incapacity is no longer able to take care of his or her own affairs (the “ward”). The guardian is authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions, but generally the guardian acts without being required to incur the expense of court approval.

Some incapacitated individuals can make responsible decisions in some areas of their lives but not others. In such cases, the court may give the guardian decision-making power over only those areas in which the incapacitated person is unable to make responsible decisions (a so-called “limited guardianship”). In other words, the guardian may exercise only those rights that have been removed from the ward and delegated to the guardian. Guardianships are consuming and expensive. Prefer planning with Power of Attorneys for health care and financial matters will significantly reduce cost and time in the event you became incapacitated. (See Page for detailed discussion of Power of Attorney).

Incapacity

Generally a person is judged to be in need of guardianship when he or she shows a lack of capacity to make responsible decisions. A person cannot be declared incompetent simply because he or she makes irresponsible or foolish decisions, but only if the person is shown to lack the capacity to make sound decisions. For example, a person may not be declared incompetent simply because he or she spends money in ways that seem odd to someone else. Also, a developmental disability or mental illness is not, by itself, enough to declare a person incompetent.

Process

Anyone interested in the proposed ward’s well being can request a guardianship. An attorney is usually retained to file a petition for a hearing in the probate court in the proposed ward’s county of residence. The proposed ward is entitled to legal representation at the hearing, and the court will appoint an attorney if the allegedly incapacitated person cannot afford lawyer.

At the hearing, the court with the help of the Guardian ad Litem attempts to determine if the proposed ward is incapacitated and, if so, to what extent the individual requires assistance. If the court determines that the proposed ward is indeed incapacitated, the court then decides if the person seeking the role of guardian will be responsible.

Guardian

A guardian can be any competent adult-the ward’s spouse, another family member, a friend, a neighbor, or a professional guardian (an unrelated person who has received special training). A competent individual may nominate a proposed guardian through a durable power of attorney in case she ever needs a guardian.

The guardian need not be a person at all—it can be a non-profit agency or a public or private corporation. If a person is found to be incapacitated and a suitable guardian cannot be found, courts in many states can appoint a public guardian, a publicly financed agency that serves this purpose. In naming someone to serve as a guardian, courts give first consideration to those who play a significant role in the ward’s life – people who are both aware of and sensitive to the ward’s needs and preferences. If two individuals wish to share guardianship duties, courts can name co-guardians.

Reporting Requirements

Court often give guardians broad authority to manage the ward’s affairs. In addition to lacking the power to decide how money is spent or managed, where to live and what medical care he or she should receive, wards also may not have the right to vote, marry or divorce, or carry a driver’s license. Guardians are expected to act in the best interests of the ward, but give the guardian’s often-broad authority; there is the potential for abuse. For this reason, courts hold guardians accountable for their actions to ensure that they don’t take advantage of or neglect the ward.

The guardian of the property inventories the ward’s property, invests the ward’s funds so that they can be used for the ward’s support, and files regular, detailed reports with the court. A guardian of the property also must obtain court approval for certain financial transactions. Guardians must file an annual account of how they have handled the ward’s finances. Guardians must offer proof that they made adequate residential arrangements for the ward, that they provided sufficient health care and treatment services, and that they made available educational and training programs, as needed. Guardians who cannot prove that they have adequately cared for the ward may be removed and replaced by another guardian.

For more information, please see Part II of this article

Nicolosi & Associates - Attorneys at Law Since 1948. Skilled in the law. Experienced in business. http://www.nicolosilaw.com

Living Wills and Health Care Directives

Recent headlines about the Schiavo family in Florida created a multitude of calls to Senior Approved Services from family members who wanted clarification on what it means to designate an individual to make health care decisions on behalf of a loved one that can not make his or her wishes known.

Questions about why the spouse’s decision wasn’t protected from legal actions brought by the parents of a married adult child as well as the intended intervention that our United States Congress attempted have furthered this confusion for each of us.

I did a little research on behalf of the families (that phoned us) and believe the following information that we passed on will be of interest to you as well. We found most of this information at http://www.abanet.org/aging/ The American Bar Association web site.

Who to Choose?

Who should you select to speak on your behalf in a case where you are physically and/or mentally not able to state your wishes? The following ten guidelines will help you decide. You should think about naming one primary person and a secondary back up in case your first choice is not available for some reason.

Your Health Care Agent, Proxy, Representative, Attorney-In-Fact, Surrogate, Patient Advocate, Guardian of Person (all of these names mean the same thing and will vary in use state to state) should …

Meet the legal criteria in your state for acting as agent or proxy
Be willing to speak on your behalf
Be able to act on your wishes and separate his/her own feelings from yours
Live close by or could travel to be at your side if needed
Know you well and understand what’s important to you
Be someone you trust with your life
Be willing to talk with you now about sensitive issues and will listen to your wishes
Be likely to be available long into the future
Be able to handle conflicting opinions between family members, friends, and medical personnel
Be a strong advocate in the face of an unresponsive doctor or institution
Who Cannot Be a Proxy?
How Much Authority Should You Give Your Agent?
Who Should Have a Record of Your Wishes?
Who Determines Quality of Life?

Continue reading the complete article http://www.qualityeldercare.com/News_Ezine_Linking_Seniors_Caregivers_and_Healthcare_Professionals-2005-April.html#d


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How To Write A Last Will And Testament

Thinking about your death is not pleasant, but preparing your family for the circumstances of your possible demise is a wise act. The will is a document that prepares a person and his family for the inevitable eventuality of his death.

You would want to make a perfect will primarily because you want your precious wealth to be inherited by your chosen near and dear ones. You can also determine the legal guardians for your children in case of a mishap. You can ensure that your will is tax efficient and can name an executer who ensures the application of the will.

There are some basic considerations while making your will. Your will must be made at a substantially younger age, before you become senile and unfit and people can trick you. A will must always be dated, as a new one always cancels an older one. A will should be simple, precise and clear.

The will must be signed by the testator in the presence of at least two witnesses who are not beneficiaries, and they must attest to the same. Each page of the will must be signed and numbered by the testator. Any corrections must be countersigned.

The will should be kept in a safe place like a bank vault known to executor and beneficiaries. Signed copy can be kept with an advocate. To make changes in the will, codicils can be attached to it and read out. But if there are too many changes it is best to write a new will.

These are the main contents of a will: your name and place of residence; a brief description of your assets; names of parents, spouse, children and other beneficiaries; alternate beneficiary if she dies before you; gifts to people; establishment of trust; cancellation of debts if desired; name of executor to manage estate; name of guardian to look after minor children; your signature; and a witness’ signature.

Two most important elements of a will are to appoint guardian for minor children and an executor for the will. The guardian must be over 18 and must be previously consulted. If you do not name a guardian, the state may name one for your children.

The executor is the person who oversees the execution of your will. He can be a spouse, friend, relative, a trust company or a lawyer. He maybe paid by the Estate independently. The executor pays off taxmen, creditors, cancels credit cards and subscriptions and distributes assets according to the will.

To start writing your will you can adopt the following procedure. Start by organizing a list – of assets, beneficiaries, outstanding debts and family members. Consider the needs and future liabilities of your dear ones and decide on whether to form trusts.

Next you must take an inventory of your assets. You must take care to include the names of as many assets as possible in the will or the rest will be bundled with the clause, “The remainder of my estate goes to…” You must also try to clear away all outstanding debts.

Next you must be clear and specific while naming beneficiaries. This will prevent the contesting of your will. States also stipulate that you sign the will in the presence of two witnesses who are not beneficiaries. For updating a will, you may create a codicil or draw out a completely new will and destroy the old will.

The will must now be stored in a safe place – your safe deposit box, or with your attorney or your trust company. But there must not be too much of secrecy that anyone cannot recover it!

Last Will And Testament provides detailed information about last will and testament, contesting a last will and testament, free last will and testament packages, how to write a last will and testament and more. Last Will And Testament is the sister site of Probate Court.