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Do You Have a Medical Malpractice Case? Here's an Important Tip

2006-11-22T01:53:00.000-08:00

If you are serious about taking a medical malpractice case before a jury, be sure that you have written documentation for evidence. The more evidence that you document, the more credible your claim appears to the jury.

This is a simple step and all that is required is writing down what happens as the patient is receiving medical attention. This type of “journal” has many benefits. The first one, as stated above, makes the patient’s version of events and the overall case appear more credible to the jury or judge. It also helps prevent possible errors, even if the medical malpractice claim is not being contemplated.

One example of documentation could be if a nurse or physician forgets to treat a patient with a certain dose of medication. The patient’s family might then remind the medical staff, so that the patient does not suffer as a result of the poor medication management. Afterwards the family should then document the times and dosages of medicine administered to the patient. This helps prevent another medication mishap, and to avoid an overdose if it had not been documented by a nurse.

When documenting the events, be sure to portray your actions as helpful and understanding. If you act as if you are threatening and second guessing, it may hurt your overall case because the defense lawyer will argue that you were building a case against them from the beginning.

In addition, documenting the events not only means to keep a written journal of what’s happening, but one should also be actively inquiring the nurse or physician about important events so that they can be charted accordingly. This is important as many times a nurse will forget to write vital information or events in their chart, because of a busy schedule or patient overload. Active documentation on your part will help remind them of these events. In fact, often times the nurse will make more effort to chart the events more timely and accurately, since they know that someone is making their own records simultaneously.

In all actuality, most health care professionals don’t mind it when someone is keeping a journal to be helpful. Just be sure to stay calm and not act as if you are constantly interrogating the health care providers as this will insult them. The best way to document is in a quiet manner, gently asking important questions. Most physicians appreciate someone who has the patient’s best interest in mind.

If you think you have a medical malpractice case or need a medical malpractice lawyer , please visit our site. If you live in or around Dallas you may also visit our site on Dallas Medical Malpractice Lawyers

Employment - Discrimination - Victimisation - Three Step Procedure - Outside Time Limit

2006-11-22T01:51:00.000-08:00

In the recent case of Mehta v University of London and others [2006], the applicant was a doctor who applied to the second respondent for medical training on 8th August 2003. The second respondent was a body within the University of London (the first respondent). On 6th October the applicant received a letter from the second respondent dated 2nd October. The letter stated that his application had been unsuccessful. The applicant claimed that he wrote back on 12th December to ask for detailed feedback as to why he had not been admitted to establish whether he had a legal claim against the respondents. He received no reply, and the second respondent claimed that no such letter was received.

The applicant’s original application was presented to the Employment Tribunal on 13th January 2004 – he claimed discrimination and victimisation. On 17th January the Employment Tribunal dismissed the claim orally on the ground that it had been presented after the three month time limit. The Employment Tribunal also said it would not be just and equitable to extend the time limit. In addition, at a full hearing on 4th March, it was considered whether the other claims made by the applicant should be struck out due to the Employment Tribunal not having jurisdiction to hear them. Eventually, at the full hearing, the Employment Tribunal decided against the applicant – who promptly stormed out of the room.

The respondents made an application for costs. The tribunal declined to consider the costs application in the absence of the applicant, and adjourned the case until 20th May. When the case came to be heard, one of the lay members who was present on 17th and 4th was absent, and the applicant was not happy to proceed with just two members.

A new lay member was appointed and the Employment Tribunal heard oral and written evidence from both sides, as well as a witness statements and oral evidence from the applicant.

The Employment Tribunal held that the costs of the hearings on the 4th and 20th were attributable to applicants unreasonable conduct in bringing his remaining claims which were both misconceived and unreasonable. The applicant appealed to the Employment Appeals Tribunal.

His appeal was dismissed for the following reasons:

* For the purposes of the three month time limit, time ran from the date of the act of discrimination or victimisation. The act which the applicant was relying on in bringing the claim was the failure by the respondent to shortlist him for a position on the training course. This occurred at the very latest by 6th October, when he received the letter rejecting him. As the original application was presented to the Employment Tribunal only on 13th January, the deadline had been missed and the Employment Tribunal had not erred in treating the application as being out of time.

* It was clear that the Employment Tribunal had considered not proceeding with the claim. They decided that in the interests of the overriding objective they should appoint a new lay member in order to dispose of the issues before them fairly and expeditiously. The new Employment Tribunal heard extensive and new submissions from the applicant. This meant it was not inappropriate for them to consider the issues of fact relating to the March hearing, despite the Employment Tribunal being made up of only two of the original three members.

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Media Law & employment law firm advising media and entertainment industry films, TV, Television, Music lawyers, Media Lawyers, Entertainment Lawyers Media Contract, Employment solicitors, employment law, employment lawyers, employment law firm, Redundancies, Unfair Dismissals, Breach of Contract, Workplace Disputes, TUPE Transfers, Drafting Employment Contracts, Grievance Procedures, Disciplinary Procedures, Maternity Rights,Discrimination, Employment Disputes, suspensions, wrongful dismissal, Equal Pay, Media Copyright.

Please contact us for advice on employment law at enquiries@rtcoopers.com or Visit http://www.rtcoopers.com/practice_employment.php

Credit Card Identity Theft: 10 Introductory Tips

2006-11-22T01:46:00.000-08:00

It can happen to anyone. The phone rings and a collection agency demands that you pay past-due accounts for goods you never ordered. The supermarket refuses your checks because you have a history of bouncing them. But you have always paid bills on time. What has happened?

If you're a victim of identity theft, you could be left with bills, bad credit and the hassle of dealing with financial agencies and police departments to clear your name.

The crime of identity theft is on the rise. Recent surveys show there are currently about 9 million victims each year. Using a variety of methods, criminals steal Social Security numbers, driver's licenses, credit card numbers, ATM cards, telephone calling cards, and other pieces of individuals' identities such as date of birth. They use this information to impersonate their victims, spending as much money as they can in as short a time as possible before moving on to someone else's name and identifying information.

There are two types of identity theft.

"account takeover" occurs when a thief acquires your existing credit account information and purchases products and services using either the actual credit card or simply the account number and expiration date.
"Application fraud" is what some experts call "true name fraud." The thief uses your SSN and other identifying information to open new accounts in your name. Victims are not likely to learn of application fraud for some time, because the monthly account statements are mailed to an address used by the imposter. In contrast, victims learn of account takeover when they receive their monthly account statement. This guide discusses strategies for reducing the risk of both types of fraud.

Generally, victims of credit card fraud are liable for no more than the first $50 of the loss. (Truth in Lending Act, Fair credit Billing Act, 15 USC sec. 1601) In most cases, the victim will not be required to pay any part of the loss. But debit card users have less protection against fraud. Not only are individuals' checking accounts wiped out, debit card users could be liable for the total amount of the loss depending on how quickly they report the loss to the financial institution.

Take these steps to reduce your risk of becoming a victim of identity theft:

1. Reduce the number of credit and debit cards you carry in your wallet. We recommend that you do not use debit cards because of the potential for losses to your checking account (see above). Instead, carry one or two credit cards and your ATM card in your wallet. Nonetheless, debit cards are popular. If you do use them, take advantage of online access to your bank account to monitor account activity frequently. Report evidence of fraud to your financial institution immediately.

2. When using your credit and debit cards at restaurants and stores, pay close attention to how the magnetic stripe information is swiped by the waiter or clerk. Dishonest employees have been known to use small hand-held devices called skimmers to quickly swipe the card and then later download the account number data onto a personal computer. The thief uses the account data for Internet shopping and/or the creation of counterfeit cards.

3. Do not use debit cards when shopping online. Use a credit card because you are better protected in case of fraud.

4. Keep a list or photocopy of all your credit cards, debit cards, bank accounts, and investments -- the account numbers, expiration dates and telephone numbers of the customer service and fraud departments -- in a secure place (not your wallet or purse) so you can quickly contact these companies in case your credit cards have been stolen or accounts are being used fraudulently.

5. Never give out your SSN, credit or debit card number or other personal information over the phone, by mail, or on the Internet unless you have a trusted business relationship with the company and you have initiated the call. Identity thieves have been known to call their victims with a fake story that goes something like this. "Today is your lucky day! You have been chosen by the Publishers Consolidated Sweepstakes to receive a free trip to the Bahamas. All we need is your Social Security number, credit card number and expiration date to verify you as the lucky winner."

6. Always take credit card receipts with you. Never toss them in a public trash container. When shopping, put receipts in your wallet rather than in the shopping bag.

7. Never permit your credit card number to be written onto your checks. It's a violation of laws in most countries, and puts you at risk for fraud.

8. Watch the mail when you expect a new or reissued credit card to arrive. Contact the issuer if the card does not arrive.

9. Order your credit report at least once a year. Federal law gives you the right to one free credit report each year from the three credit bureaus: Equifax, Experian, and TransUnion. If you are a victim of identity theft, your credit report will contain the tell-tale signs – inquiries that were not generated by you, as well as credit accounts that you did not open. The earlier you detect fraud, the easier and quicker it will be to clean up your credit files and regain your financial health.

10. Shield your hand when using a bank ATM machine or making long distance phone calls with your phone card. "Shoulder surfers" may be nearby with binoculars or video camera.

Thomas Lindstrom is author and researcher regarding credit card issues.

Tips You Can Use If Your Credit Card is Lost or Stolen

2006-11-22T01:45:00.001-08:00

Nowadays, it has become common for wallets or purses to be stolen or lost. Important items such as identification cards, ATM cards and credit cards are kept in wallets and purses.

So what would you do if you do lose your wallet or purse, and all your credit cards are there? The good news is that all reputable credit card companies have procedures and policies in place to help you when you do find yourself in such a situation. These companies offer protection against credit card loss or theft.

File a report with Your credit card Company

The first rule in any emergency, including losing your credit card or having it stolen, is: don't panic. Your credit card company has a toll free number that you can call to report a lost or stolen credit card. The first step you should take as soon as you discover that you've lost your credit card or that it was stolen is to file a report with your credit card company.

You need not worry about paying for fraudulent transactions after your credit card is lost or stolen. Based on a federal law, you are only liable for the first $50 of any fraudulent charges made on your credit card. However, you still need to report that your credit card has been lost or stolen even if you won't be taking a significant loss.

If you report loss or theft of your credit card before any unauthorized transaction is carried, you do not have to pay $50. Nowadays, many credit card companies are even flexible with the $50 exposure, so make sure that you know what the terms are for your credit card.

Check Your Bill

After you lose your credit card, go over your latest bills with a sharp eye. If you recognize transactions that you didn't make, immediately write to your credit card company. In the letter, include the date when you informed the company about the loss or theft of your credit card. Address your letter to the company's billing errors department.

Bigger Risks with Debit cards

If your card happens to be a debit card, you have bigger risks if it gets lost or stolen. The sooner you report about the lost card, the lesser the chance of you being held liable for any transaction. If you file a report before your debit card has been used, you will not be held responsible for any fraudulent charges. However, if you delay in filing a report, you stand of risk of being charged as high as $500 for any unauthorized transactions carried out using your lost card.

Track Your cards

Keeping track of your cards is the best way to prevent your cards from getting lost or stolen. Know where you keep your credit cards. Don't give out your PINs. Use a different PIN for each card and make sure that you choose a PIN that is hard to guess. Avoid using your date of birth, phone number or Social Security digits for PINs. It's also good practice to change your PIN once every 60 days or so.

Find the best deal on credit cards to include low interest credit cards try visiting BestOnlineCreditCardOffers.com where you can quickly and easily find deals on a variety of credit cards to include business credit cards, airline credit cards, reward credit cards, bad credit credit cards and instant approval credit cards.

Credit Freeze: The Surefire Way To Stop Identity Thieves

2006-11-22T01:45:00.000-08:00

Are you a victim of Credit card and Identity theft? Today, identity theft is one of the fastest growing crimes in the US. Often thieves will steal someone's identity and then go on to run up a host of bills in that person's name.

So the question is how can you fight back against these criminals and keep your good name intact as well as your credit and money?

The answer is to freeze credit reports and stop credit from being issued in your name. By freezing your credit, nobody can get your credit file or details to run up credit in your name leaving you to deal with the bill.

Who can put a freeze on their credit? Since 2003, almost everyone can put a credit freeze on his/her credit. Currently, most people simply put a fraud alert on their credit report and hope that solves their problems. The advantage of this is that the credit bureaus are supposed to alert you when a request for credit in your name is placed and verify with you that you indeed requested this new line of credit. The disadvantage with this method is that the creditors do not always call to request your permission or they ask very generic questions to verify the person they are speaking to is truly "you". Unfortunately, if they already have enough information to apply for credit in your name, they can usually answer these generic questions also. With a credit freeze nobody can open any type of credit line under your. Meaning, your credit details are off limits to everyone even credit lenders, insurance companies and potential employers.

How does a credit freeze work?

When your credit is requested, for example a credit card, the credit provider will call one of the three credit reporting companies to ask for access to your credit file. If you requested a freeze to your account, then the credit reporting company will tell the creditor that they don't have access to you file since it is frozen. You can just about guarantee that no creditor in their right mind will proceed with granting any credit on an account where the owners have placed a freeze, without asking the person to lift the freeze. Of course an identity thief wouldn't be able to do this without your pin and paying the fee to unfreeze the credit report.

What if I want credit? If you want credit or you need a background check for a potential employer, it is not a problem at all because the major credit reporting companies will give you an identification number or a PIN that allows you to freeze and unfreeze your credit report whenever you want. There is also a small fee that is charged to lock and unlock your credit.

If a criminal manages to get your credit file, with the protection of a credit freeze they don't stand a chance at getting credit, no matter how good they are.

How do I get a Credit Freeze on my files? In order to freeze your credit, you will need to contact each of the three credit reporting companies. There is a fee but it is absolutely low considering the benefits of having a credit freeze on your account, the few dollars that are spent are worth knowing that your credit, and good name are protected and secured at all times.

What do the credit reporting agencies need? Each of the three credit reporting companies requires a certain procedure to be followed in order to have your credit report frozen. Below are the requirements needed for each company:

Equifax: Send a letter via email that contains your name, address, including previous addresses, social security number and your date of birth.

Experian: Mail a letter with full name, middle and other identifying names like Jr. or Sr. Also include you previous and current addresses going back five years, social security number, date of birth and proof of address like driver's license, electric bills or bank statement.

TransUnion: Communication can be sent either by regular or certified mail, although certified mail is always a safer option. You will need to include your full name, including middle initials and any other parts to your name. You will need to provide your current mailing address and any other addresses dating back to the last five years, date of birth and social security numbers are also required.

Payment for the three credit reporting companies must be made by check, money order or by a credit card. If a credit card is the chosen option, then the name of the card, account number and expiration date must be included. ID theft victims should also put a valid copy of a police report, investigation report or a valid complaint that has been filed with a law enforcement agency.

Don't be caught by criminals who prey on honest citizens by stealing their identity and running up expensive credit debt. Fight back, use a credit freeze and rest assured that your credit is safe from theft.

Liz Roberts is a loan consultant with New Horizon Finance, specializing in bad credit. Need a copy of your credit report? Join Experian Triple Advantage & get a free credit report & credit score. Bad Credit? Apply for bad credit credit cards

Effective Ways To Prevent Theft

2006-11-22T01:44:00.002-08:00

Employee theft is one of the worst problems a small business faces. In order to achieve success and make profits, small retail businesses have to stay theft-free. Statistics show that almost two-thirds of loss in a store is caused by theft perpetrated by dishonest employees. The losses cause harm to people who are not involved in this - the customers, by driving prices up. Eventually customers will refuse to do their shopping in the store affected. Therefore, businesses will enjoy less profit. Undoubtedly, every business must strive to prevent theft.

Each small business has the goal to make profits and must do its best to prevent theft. The percentage of employee theft varies for each business. It depends on the type of the store, the type of the products and so on. A store that sells expensive products such as computers, stereos, and televisions will have bigger losses than a store that sells food for example. In such stores, steps must be taken in order to prevent theft.

Because of all these troubles, executives have to find effective ways to prevent theft. The only way to avoid problems with employees is by developing a method to prevent theft. The first thing one can do to prevent theft is to make sure that he or she has hired honest employees. An honest employee is the best treasure you can discover. An honest employee is worth his or her weight in gold. Anyway, no matter how confident you are that you have hired honest employees, effective methods to prevent theft are necessary as well. In order to be successful, employees have to be assured that you are taking all the necessary actions to prevent theft.

Before you hire an employee, make a brief search of the employee’s labor background. Do a credit check. Look into personality and psychological testing. These will be the first steps you must take to prevent theft and these will be the most effective steps you will.

When you are hiring someone, you have to make sure you can rely on him or her. No matter how skillful, a dishonest employee is able to ruin your business. You need to be demanding when you are searching for employees and employees should not be offended by your strict selection. Strict selection is necessary if you wish to prevent theft.

Here are some tricks that may help you:

+ Supply employees with uniforms that have no pockets;

+ Share the combination to the safe only with those that must have it;

+ Install security cameras over the cash-drawers;

You may think that implementing these things will be expensive, but just think of the losses that you will prevent if you fail to prevent theft.

Let me suggest to you one more important thing. First of all, you have to be honest as well. Would you expect your employees to be honest when you are not honest? Be honest in all your contact with employees, customers and vendors. If employees see you are honest, they will try to return you the favor. Do not make any unclear points in your everyday dealings. Develop clear rules and reasonable expectations for your employees. Prevent theft by imposing a fine on employees who do not follow the rules. Encourage those whose job performance is excellent. No employee will have the desire to work hard without appreciation for his or her efforts. It won’t be easy but you simply have to prevent theft.

Morgan Hamilton offers expert advice and great tips regarding all aspects concerning law. Get the information you are seeking now by visiting Prevent Theft.

Identity Theft Insurance: What The World Has Come To

2006-11-22T01:44:00.001-08:00

This is certainly a sign of the times. In recent times not only do we have the usual suspects of well being, life, pet, travel, and automobile insurance, but now our society finds a need to provide identity theft insurance coverage as well. The numbers speak volumes, as lots of costs are associated with identity theft not to mention the untold stories of ruined lives, and broken reputations.

There are some monitoring offerings that for a fee will allow you to keep tabs of your credit accounts including other personalized files continually. Some value-added offerings may incorporate tracking systems to find out the activities of identity-thieves along with their theft activities if you turn out to be victimized by identity theft.

Nobody really is surely protected from identity-theft online as both educated and normal civilians are becoming victimized by increasingly sophisticated attacks on one's privacy. Identity theft insurance by and large costs a nominal amount monthly and may help put a stop to insane losses should the case arise where your identity is stolen.

It's really unfortunate that trying to inhibit identity theft has become almost a full time job. With some many new developments, and sneakier tactics and strategies employed by individuals to compromise other people's personal info online, it's 100 percent a brave new world that we are facing. To start, definitely try to exercise safer browsing, and avoid downloading programs that are not digitally signed or that seem suspect.

Don't follow any links in your emails, if the email doesn't come from a trusted source or third party. When using public pc terminals, try to avoid using your credit card data and also entering any intimate info such as your password and username. Just keep your eye opened and you should be much better off. Remember those who like to steal other people's info are seeking simpler victims. Don't let yourself be an easy target. Identity theft insurance can serve as a plan B if all else fails for you and the worst scenario happens.

Email identity theft along with further vital identity theft information are to be had at http://www.haltidentitytheft.com/email-identity-theft/ Check for specials right now!

Don't Become An Easy Target For Identity Theft Due To Your Shopping Habits

2006-11-22T01:44:00.000-08:00

If you are careful and make sure that your information is not easily accessible then you are not likely to have any problems. Most people are just too busy to make sure that their information is not available, but if you take a little time then it can reduce your chances of this happening greatly.

One of the major things that many are careless about is giving out their credit card numbers. If you are ordering something in a place where it could be overheard, then move. You may not want to stand on the street when you are ordering instead of in the shopping mall, but a few minutes can save you a lot of pain. Also you need to be sure that the company that you are ordering from has systems in place to protect your information from identity theft. If you are not sure about the company, then do not do business with them. There is almost always more than one company that you can buy from. So if you are not sure about the company, then just find one that you are happy with, even if it means paying a bit more.

Another place that you can give your information away to easily for identity theft is the Internet. The amount of shopping that is done online is growing very quickly. It is usually possible to better deals at online stores then you can get in the mall. But it is very easy to just look at the cost and then buy without making sure that the company that you are ordering from is a good company. But that does not mean that small stores are not good to use, just that you should make sure that they have all of the right payment processors that will keep your information safe. Most companies have a help desk so you can ask them before you order. If you are careful then you are not as likely to have problems with identity theft. It is well worth it to make sure that your information is safe.

For more ways to protect your identity try visiting Stop-Identity-Theft-Resources.info where you will find identity theft tips that you can use along with information on the many different types of identity theft.

Do You Know the Tricks of the Trade? Identities are All the Thieves Want! Is Yours Safe?

2006-11-22T01:41:00.000-08:00

Criminals are becoming more creative in how they steal your identity. Bravery is not a requirement anymore, nor is guns and knives or any physical harm. It could be your neighbor or a person you pass in the mall. From mail theft to account invasion to dumpster diving, whatever the system, the end result is the same: An innocent person like you is ripped off.

Think about this for a moment; a very low-tech method use by thieves to commit identity theft is stealing mail. Thieves have been stealing mail out of unsecured mail boxes for years; but it has only been in the recent years that thieves have come to realize there is a profit to be gained from the financial information they can get. Mail theft happens most of the time, according to statistics, at places where unprotected and easy accessible mailboxes are – these are mailboxes without a lock and in public places.

Thieves can and do, via outgoing stolen mail, get enough valuable information to open a new account under the victim’s name. They can take pre-approved credit card application, change the address to a new address, and then send it in. They can steal a credit card statement, lift the account number, and buy goods or services. Or a thief can watch your incoming mail for a new credit card or ATM card, steal it, and charge thousands of dollars to it in one afternoon.

Drive through virtually any neighborhood, and you see window stickers and signs stuck in lawns warning potential thieves that the occupants have a high-tech security alarm ready to sound at the first jimmied door or window. But yet, these same security minded people raise the flag on their mailboxes and set out their trash at night, not thinking or knowing the danger they have put themselves in. The virtual payday for the theft has been provided - unknowingly by the soon to be victim.

The CurbVault™ is the most effective theft-proof mailboxes. Its 1/8-inch steel plating is nearly indestructible; guaranteeing that personal information inside won't get into the wrong hands. The CurbVault™ is built in two layers. The first of these is smaller, and can be easily accessed by anyone: this is the outgoing mail slot. The second uses a drop box mechanism to let mail enter, but it makes unlawful retrieval of mail imposable. The only easy way to get the mail out of the CurbVault's™ 3,200 sq. in. interior shaft is to use the special rear-lock door.

The CurbVault™ comes in a variety of colors and can be installed wherever one might put a regular mailbox. Its features are rain channels, mildew-resistant exterior and rust-resistant hinges. Installation is fast and easy; it doesn't require a concrete base to be secure.

To learn more about The CurbVault™, contact Mail Theft Solutions, Inc., at 1-866-990-MAIL, or via the web site at: http://www.curbvault.com/ and http://curbvault.blogspot.com/ and tell us what you think about the CurbVault™.

Combatants of Identity Theft

Identity Theft: Thieves no Longer Seek to Steal Your Possessions, They Seek to Steal YOU

2006-11-22T01:37:00.002-08:00

Clever thieves no longer seek to steal your valuable possessions; they are far more interested in stealing you, or at least your identity. If they steal your TV or your car, they have one item, they then have to sell it, and the chances are, your insurance will cover the cost.

If they successfully steal you, they have an unlimited opportunity to raise cash through numerous scams. They can take out loans, apply for credit cards in your name and max them out, even apply for a mortgage, or attempt to sell your house. That has actually happened. Fact is they are much more likely to break into your trashcans, than your precious home. So, what can you do about it?

Buy a shredder for a start. That is no new advice, shredder sales have rocketed in the past five years, and when you have one, use it. Shred all personal documents before you ditch them, and it is good advice to buy an expensive shredder too, one that can deal with handfuls of papers at a time. You do not want to have to spend all day feeding individual docs into a weary machine.

When you move house make sure that you redirect all your mail, and tell everyone, especially credit card companies, mail order catalogue businesses, banks, finance houses of your new whereabouts. Keep the redirection service in place for as long as possible because some companies take ages to amend their admin. When I was renting out property I came across several cases of tenants buying expensive goods from mail order catalogues in the previous tenant's or owner's names with never any intention of paying for them. If they were ever questioned about it, they would immediately deny all knowledge of the fraud, and the bills ended up on the former occupier's doormat.

Remember, accomplished identity fraudsters are patient people. They gradually build up a profile of their intended victim, and they do not need a full set of documentation to get started. Perhaps they only need an old bank statement to get going. Then they could knock something else up on a PC, scanning any organisation's letterhead into their machine to make the final documents look totally convincing. With that they can apply for a driving licence and with that might successfully open a bank account, all in your name. They might even try to redirect your mail. Slowly but surely, they build up their credibility that they really are you. And when they have that, and only when they are quite ready, do they launch their sting by applying for countless loans and credit cards in your name. With those, they get a pin number, and their version of your signature, which they can reproduce on demand.

By the time you find out all about it, it is too late. The perpetrator has left the county with all the squeezed cash taken in your name, and your credit rating shot to bits, albeit temporarily, though that can take a lot of time and convincing to put right.

Never give any details to cold telephone calling individuals no matter how persuasive, convincing or worthy they may sound. Never issue details of bank and financial accounts over the net when banks apparently suddenly request you to confirm your banking information. They don't do that, it is a scam and the opponent is simply trying to wheedle vital information from you when your guard is down. They often dress this up as if they are acting in your best interests. "We are beefing up our internet security measures" they say, something that you would be eager to see and agree to in normal circumstances. But hang on; think about it for a moment. Just because the email looks exactly like the ones you see from your usual bank, is it really from them? How do you know? Fact is you don't, and you could be in trouble. You could be being targeted. Check it out thoroughly.

Never put screwed up docs in the trash, and try to keep your rubbish secure. If you see some hoody sorting through your junk, the chances are he is not searching for scraps to eat. He's looking for scraps all right, scraps of vital information from which he can build up a picture of you, your profile, your date of birth, your social security number, your banking information, your driving licence details, even your passport information if they can achieve that, and it's certainly not funny of they do. Always be alert to identity fraud. Don't give these horrible individuals any opportunity to become you, because if they do, it could take you years to untangle the mess.

David Carter's new website http://www.trackerbiz.com is crammed with home business ideas, tips and information of how you can make money working from home utilising the power of the internet. His latest book SPLAM! Successful Property Letting And Management deals with everything to do with property letting. More details of that can be found at http://www.splam.co.uk

Identity Theft: What to Do if You Think Your Identity Has Been Stolen

2006-11-22T01:37:00.001-08:00

Over 19,000 people each day fall victim to identity theft according to studies done in 2003. identity theft victims spend an average of $1,400 out-of-pocket and an average of 600 hours recovering from this crime.

There are several methods used by identity thieves to steal your identity. These methods include:

Skimming: Thieves steal your credit or debit card numbers by using a special storage device when you use your card.

Changing your address: Thieves divert your billing statements to another location by fraudulently completing a "change of address" form. After receiving your billing statements an ID thief has all the information they need to begin robbing you.

Phishing: ID thieves send you email pretending to be a financial institution or other company, hoping you will reveal your personal information by filling out a short form.

Dumpster Diving: ID thieves rummage through garbage looking for bills or other documents containing your financial information.

Stealing: ID Thieves steal items such as your wallet or purse, your personal records, your mail, etc.

There are some helpful steps you can take right away if you think your identity has been stolen. If you believe you may have fallen victim to any one of these or other ID theft schemes the first thing you'll want to do is to contact the fraud departments of any one of the three major credit bureaus. You do not have to contact all three because once a fraud alert is placed on your file the other credit bureaus are automatically notified to place fraud alerts. You will then receive credit reports from all three major credit bureaus.

The next thing you want to do after viewing your credit reports is close the account(s) that you believe has been tampered with or fraudulently opened. In either case you can request copies of all documents relating to the fraudulent transactions made or accounts opened using your personal information. If your request is made in writing, in most cases a business or creditor must provide you copies of all applications and other documents relating to accounts and transactions that have resulted from your identity theft.

Now it is time to file a report with your local police department or law enforcement. You may also need to report the theft where the crime occurred if it occurred somewhere other than where you live. You will need this report to assist you with your creditors who may require proof of the identity theft so be sure to give law enforcement as much information and documented evidence as possible. If your local police department refuses to file a report, try your local sheriffs department or state police agency. Under the Fair credit reporting Act this report is called an "identity theft report". Be sure to get a copy of this report for your records.

If you find that a new account has been opened in your name by an imposter you will want to immediately contact those creditors by phone and in writing. Thanks to changes in the law you can now prevent businesses from reporting fraudulent accounts to credit bureaus. You may be asked by the creditors to fill out a fraud affidavit. You can get a standard fraud affidavit form from the Federal Trade Commission's website. Ask the business or creditor in writing to provide you and the investigating law enforcement agency with all documents relating to the fraudulent account.

When you have resolved the matter with the company or creditor, be sure to ask for a letter stating that the company has closed the account in dispute and has discharged the debts. You'll want to keep this letter in your file in case the account reappears on your credit report. You can also notify the credit bureaus about the fraudulent account and provide them copies of the letter.

After you notify the credit bureaus about the fraudulent accounts, they are required to block this account information from future credit reports. They must also notify the credit grantor of the fraudulent account. You can also instruct the credit bureaus in writing to remove inquiries that have been generated resulting from the fraudulent access. You may also want to request the credit bureaus notify all companies and creditors who received your credit report in the last six months to alert them of the dispute and fraudulent information.

You may want to consider filling a complaint with the Federal Trade Commission as well. They keep an identity theft database used by law enforcement.

Be sure to document everything in writing and keep complete notes of any telephone conversations you have regarding this situation. You'll want to keep a well organized file documenting the events. identity theft is a dirty business but with due diligence you can come out of it with your credit and reputation in tact.

R. L. Barnes, editor at FirstCredit.Net provides useful advice and assistance
regarding credit and credit cards. You
may visit their website for more
Identity theft
information an to apply for a credit card.

It's Not Me! Preventing and Dealing With Identity Theft

2006-11-22T01:37:00.000-08:00

It's one of the fastest growing crimes in the country, and most victims are unaware they’ve become a target until long after the crime is committed. We’re talking about identity theft. In today's world, information travels faster than ever, and that includes your personal information. If it falls into the wrong hands, your personal info could be used to acquire credit cards, loans, or to open accounts.

Unknown to you, somewhere, someone could be using your good name for their own criminal purposes, and you’ll be the one held accountable. In 2004, 3.6 million American households had at least one person who was a victim of identity theft. Don’t let it happen to you.

Prevention is key

The best way to fight identity theft is to prevent it from happening in the first place. Since you could be a victim right now and not know it for months, it's important to check your credit report. Under an amendment to the federal Fair credit Reporting Act, you have a right to a free copy of your comprehensive credit report once every 12 months. Take advantage. Visit annualcreditreport.com to get started.

Once you have your credit report in hand, check it carefully for any irregularities. It's also a good idea to put a fraud alert on all of your credit reports. The three major credit bureaus—Equifax (800-525-6285), TransUnion (800-680-7289) and Experian (888-397-3742) will all put a free alert on your reports that will tell companies to call and inform you when someone tries to open an account in your name or tinker with an existing one. The alert lasts 90 days, so give yourself a reminder to call and update it every three months.

Next, think about the passwords you use to access your credit card information, bank accounts, and other finances. Is it something like the last four digits of your Social Security Number or your mother’s maiden name? If so, change it. identity thieves are a crafty bunch, and they’ll easily crack a simple password. Think about something that you can remember that includes a variety of uppercase and lowercase letters combined with numerals. If an institution asks for your SSN or mother’s maiden name, insist on another identifier.

Also, secure your personal information at home, at work, and while you travel. Don't leave your wallet or any important receipts lying around the house or the office. Someone can easily pick it up, write down a few numbers, and set it back down without you ever being the wiser.

One man’s trash is another man’s treasure

Truer words were never spoken when it comes to identity theft. Thieves will do whatever it takes to get your personal info, including digging through your trash to get the numbers they need. Buy a shredder, and use it. credit applications, receipts, bank statements, insurance forms, and any other document containing personal identification that you are tossing should always be shredded first. And about those unsolicited credit applications that clog up your mailbox every day you can put a stop to them. Call 1-888-5-OPTOUT to stop receiving these offers.

Speaking of mail, hopefully you get yours out of a locked mailbox. If not, ask your postal worker about getting one. Never deposit your outgoing mail in an unsecured mailbox. Drop it in a collection box or run it by the post office if need be.

Joe Kenny writes for the Card Guide, a UK based credit card site, visit today for a balance transfer credit cards and clear your credit card debt today.

Visit today: http://www.cardguide.co.uk/

Protect Yourself From Online Identity Theft

2006-11-22T01:30:00.000-08:00

Do you know how to protect yourself from online identity theft? identity theft is America's fastest growing white collar crime of the 21st Century and affects millions of people each year.

There's no surefire way to protect yourself from online identity theft, but there are steps you can take to minimize the risk of becoming a victim.

identity theft is not a problem until it happens to you and any victim can tell you it is no laughing matter. Some people believe that identity theft will never happen to them. But if you don't take steps to protect your personal information when you go online, you could be telling your own story of identity theft.

So what are the best ways to prevent identity theft? While you probably can't prevent identity theft entirely, you can minimize your risk.

The more you understand how a criminal steals an identity, the better chance you have to protect yourself from online identity theft. While nothing is ever foolproof, here are a few things that you can do to protect yourself from online identity theft.

Don't use the same password on all of your online accounts. A thief can financially wipe you out very quickly with a single password that works on every account you have.

Keep all of your passwords as confidential as possible. Banks or financial institutions never email you and ask you to log into your account and verify your password. This common online scam costs victims millions of dollars each year and you should be aware it so it doesn't happen to you.

Another way to protect yourself from online identity theft is never store your passwords, Social Security number or account PIN numbers in your computer. If your computer picks up a spyware virus, a hacker has everything he needs to steal your identity as well as all of your money.

Ninety percent of all computers are infected with spyware. Most computer users have no idea why or how they got it but it makes your online security extremely vulnerable. Spyware protection software is very reasonably priced and is just as important as anti virus software.

Other ways to protect yourself from online identity theft include all transactions you make on the Internet. Before you make an online purchase with your credit card, make sure that the site has a secure and encrypted page. Secure pages begin with https instead of http, and a picture of a small gold lock is displayed in the lower right part of your screen.

To verify the name of the server that appears on the digital certificate, double click the gold lock icon, and check the name that appears next to "Issued to". If the name appearing next to "Issued to" is different from the name of the site that you are giving your credit card number to, leave the site because it is not secure.

Currently more than 1000 law enforcement agencies have direct online access to almost 700 000 identity theft complaints. identity theft is quickly becoming the Internets worst security nightmare.

Hopefully these few tips will stop you from becoming another victim of this horrible crime. If you want to protect yourself from online identity theft, your best defense is prevention.

Spyware-Information.com offers you spyware removal, free spyware cleaners, downloads, anti spam software, valuable tips and regularly updated spyware and identity theft articles.

Identity Theft - Nine Threats & Nine Steps To Protection

2006-11-22T01:28:00.000-08:00

The Bad News: identity theft is escalating at a torrid pace. It has become one of the country’s top problems. The bad guys are finding more ways to steal YOUR identity.

The Good News: You can take control of the situation, become both reactive and proactive guarding yourself against identity theft.

identity theft Is Spreading Faster Than The Worst Case Of The Flu!

First, let’s understand just how bad identity theft has become in this country:

· The Federal Trade Commission says that there is an underground market for credit card numbers, social security numbers and ID documents – organized gangs or web mobs use and sell these documents for as little as $10 each. Some of these groups contain thousands of members. The amount of goods and services purchased with fraudulently obtained personal identity exceeded 52-billion dollars in 2004.

· US Department of Justice states identity theft is affecting millions of households in the U.S. each year. The cost is estimated to be six-point-four billion per year. According to the FTC, an estimated 10 million adults become victims of identity theft each year.

· The Department of Justice goes on to say that the most common misuse of identity was through credit cards, accounting for 50 percent of all identity theft. Next in line were banking and other types of accounts at 25 percent, personal information was 15 percent, and a combination of several types of identity theft was at 12 percent. The average loss for each identity theft was $1,290.00. Two-thirds of those surveyed said the theft cost them money despite credit card coverage.

· A recent State of the Net survey by Consumer Reports which covered more than 2000 households with Internet Access projects that American consumers lost more than eight-billion dollars over the last two years to viruses, spyware and various scams. The report also shows consumers face a one-in-three chance of becoming a “cyber victim” about the same as last year. It goes on to say that consumers lost $630 million over the past two years to e-mail scams.

· The average person today suffers through two or more “incidents” with their computer each year - the computer slows to a crawl, crashes altogether, viruses or spyware take over systems and more. It’s getting worse as computers become more complex and as we do more with them.

So, Who Is At Risk For identity theft?

According to the Department of Justice there are three groups that are most at risk for identity theft: young adults 18 to 24, adults who earn $75,000 per year or more and households in urban and suburban area. Interesting to note that about five percent of adults who earn $75,000 or more a year are hit with identity theft.

The continued growth of online fraud and identity theft are putting an enormous strain on the existing infrastructure for the Internet as well as our social structure. For example, the banking community has been complacent about security upgrades required by the Federal Financial Institutions Examination Council. They report that every bank in the country has not complied with their guidelines set for now. In an article titled, “U.S. Banks Complacent Toward identity theft Solution,” by PR Web, the single largest national security threat is a terrorist attack on our banking system. An attack aimed simultaneously at millions of user names and passwords within banks would shut down our banking system. This would instantly shut down banks worldwide. credit/debit cards, checks, calls to the bank, would not work for at least a matter of days causing tremendous hardship and a ripple effect from no gas to “I simply have to take this baby food.”

Consider for a moment some of the potential social effects from this identity theft problem. What if citizens developed a lack of confidence in our credit card and monetary system causing economic upheaval similar to what we saw in the “Great Depression?” I know this sounds radical, but what if you couldn’t trust your identity to anyone anymore? What if you feared that your money, your identity was going to be stolen? It’s not unthinkable that you would store your money under your mattress at home or in a safe in the closet rather than possibly losing it to identity theft. If millions of people lost faith in our monetary system and the ability to keep their identity safe and then took all of their money home where they believe it would be safe, what would happen then?

We generally can’t control what happens outside of our personal environment, what happens at a bank, corporation or the government seems so far out of reach. There are, however, steps that we can take that will give us a better chance of protecting our personal information. The first step is identifying the threats and then taking steps to protect ourselves.

Below, I have identified nine identity theft threats and nine steps to protect our identity in today’s society.

Nine Threats To Your identity

Here are nine of the most popular ways for thieves to steal your identity. Some of these are personally preventable and others are out of our control:

1. Stolen Company Data. Your personal information is stored on computers at stores where you shop, at your insurance company, your accountant, and more. It almost seems like a common occurrence where a company is hacked into and their customer’s information is stolen. This happens so often now that the crimes are rarely reported and don’t make the front page anymore.

2. Social Engineering. identity Thieves are very clever. They will invent any way possible to fool you into giving your identity out. It’s called social engineering because the thief uses common social situations to get the information they want. Like a seemingly innocent phone call supposedly from your credit card company asking for your personal information.

3. Dumpster Diving. identity thieves get a lot of their victims’ information out of garbage cans and recycle bins from old credit card statements and other personal documents thrown out carelessly.

4. Mail theft. Your mail can contain valuable information: bills, banking information, credit cards, investments and more. Personal mail can often be stolen right from a mailbox.

5. Financial Account Hijacking. Once a thief has your personal information they can take over your personal accounts. You might not know about their activity for months.

6. credit Card Magnetic Strip theft. These clever crooks have tools to steal information off the magnetic strips on your credit card.

7. Discarded Computers. Your old computer really can tell stories. Even though you erased your hard drive crooks have tools to reclaim your personal information and use it against you.

8. Spyware and Viruses on Computers. You may not be familiar with the term ‘malware.’ It’s a term that covers all of the hacker tools that can cause harm on your computer. These tools include spyware, keylogger tools, Trojan horses and more.

9. E-mail and Internet Scams. Cyber thieves are getting more and more creative using scams like Phishing, Pharming and fancy come-ons to entice you to give them your personal information.

There Are Four Ways You Can Approach Protecting Your identity...

One way is to do nothing and hope that identity thieves don’t harm you.

Second, you can be reactive. Reactive simply means that you are responding to all the material that comes your way. You are checking your credit card and bank statements to make sure nothing peculiar is on them. And if you do find something strange you contact your bank or credit card company immediately. Reactive also means that you are checking your credit report when you apply for credit or a loan.

Third, you can be proactive. A proactive approach is a more aggressive way of protecting yourself against the bad guys. You are constantly looking ahead and evaluating before giving out valuable information.

And fourth, combine reactive and proactive approaches. This is the best way to ensure you identity protection.

Nine Critical Steps To Proactively Protecting Your identity...

Here are your ‘Nine Proactive Steps To identity Protection:”

1. Begin to operate on an “I have to know everything” approach when you give out your personal information. Only give out your personal information to people you know and trust.

2. Protect your Social Security Number, credit card and other financial information. Do not give this information out over the phone unless you initiated the call or as we stated above are talking to a trusted individual from a trusted company.

3. Cancel all of your unused accounts including banking, credit card, licenses and permits.

4. At least once a year, if not more often, update and check your credit report and Social Security Earnings and Benefits Statement to make sure everything appears as it should.

5. Protect your mail. Make sure you have a secure locked mailbox to receive all of your mail. Always mail your payments and checks from a secure Post Office Box or from the Post Office. And, if you have a Post Office Box at the Post Office never discard your mail in a garbage can. Always bring your entire mail home.

6. Always crosscut shred all bank statements, credit card applications or information and important documents before discarding to recycle or the garbage. It is best to stir up the shredded documents to make it even harder for identity thieves to steal your information.

7. Purchase identity theft insurance. This will cover any losses incurred while recovering your lost identity once a crook has stolen it.

8. Invest in professional grade protection for your computer. The best protection available today comes from Managed Internet Security Service providers. The best security services include best-of-breed corporate grade security software for your computer, as well as unlimited service and support from trained security pros. Make sure it is the same kind of service that is used by major corporations around the world. Frankly, the over-the-counter and free security software programs available don’t keep up with today’s professional cyber thief. If those popular programs worked, why do we see the cyber-crime problem growing at a progressively faster pace?

A managed professional Internet security program should have the following technologies installed: A bi-directional or dual Firewall that prevents information from coming in or going out of your computer without your permission, anti-virus protection that is updated daily, and malware protection that is updated daily. Malware consists of spyware, adware, Trojan horses, keyloggers and more. It constantly changes so you will need a technology that keeps up with the professional hackers who want your identity. Your best bet is to find a professional security service that affordably manages all this for you.

9. Beware of e-mail scams like Phishing and Pharming. Phishing is an e-mail that looks like it came from a bank or business claiming you need to take care of a problem or your account will be closed down. It takes you to a page to fill out your personal information. Meanwhile, Pharming is redirecting your computer from a legitimate to a fake web site. For example, you may think that you are going to your banking site, but instead are redirected to a site that looks like your banks web site, but is hosted by an identity thief.

identity theft continues to grow at a torrid pace. Millions of people in the United States will lose their identity to thieves in the coming year. Many of them will suffer for years trying to clean up the mess that was left behind.

The bad news is we can’t control all of the identity threats we face each day. The good news is there are reactive and proactive steps we can take to protect ourselves against personal tragedy.

Warren is engaged in the cause of educating and protecting people who use the Internet about the threats they face and the inadequacy of the solutions they trust, and over a two-year period has become an expert on PC Security and a passionate advocate of Internet safety. Find out more his campaign for personal and Internet security go to his web site at http://www.completeinternetprotection.com.

Are You a Target for Identity Theft? Equal Opportunity Crime Regardless of Your Age, Race, or Gender

2006-11-22T01:26:00.000-08:00

Are you a target for identity theft, or are you sure it will only happen to the other person? Have you already been victimized? When was the last time you checked your credit card and bank statements to see if there are any unauthorized transactions on them? Do you keep your receipts? I could go on with these types of questions, but if you are like most people, you will not know you are a victim of identity theft until it is too late. A recent study shows that nearly 85 percent of the people hit by this crime don’t find out about it until well after the fact.

Just as troubling is a poll just released this passed August by The Gallup Organization and a commercial sponsor, which said about two-thirds of consumers who haven’t experienced identity theft say, it will never happen to them. This is alarming because identity theft is an equal opportunity crime. A person does not need to be wealthy to be a target. As a matter of fact it will strike regardless of your age, race or gender. The elderly and children are prime targets.

Typically, older people have more financial resources then the younger segments of our population; this makes the older people appealing targets. They have a higher credit line, greater home equity and are less likely to report the crime.

Even sadder is the identity theft of our children. Crimes of identity theft of children under the age of 18 have gone over the ten thousand mark this year already. Some experts fear this number is under-reported because victimized youngsters usually don’t find out they have been a victim until they are young adults applying for their driver’s license, college loan or a first credit card.

You can’t entirely prevent identity theft, but when it happens you can minimize the damage through early detection. Sometimes the identity thieves will only charge little things to see if you noticed anything wrong; if you don’t, then they can launch a full scale assault on your accounts. Also they may only take ten or fifteen dollars a month out of your account so you won’t miss it. You may ask why so little amount of money? Think for a minute, if the identity thief had, oh let’s say several hundred or even a thousand accounts that they only took ten dollars a month from, that comes to ten thousand dollars of free income a month.

The CurbVault™ is the most effective theft-proof mailboxes. Its 1/8-inch steel plating is nearly indestructible; guaranteeing that personal information inside won't get into the wrong hands. The CurbVault™ is built in two layers. The first of these is smaller, and can be easily accessed by anyone: this is the outgoing mail slot. The second uses a drop box mechanism to let mail enter, but it makes unlawful retrieval of mail imposable. The only easy way to get the mail out of the CurbVault's™ 3,200 sq. in. interior shaft is to use the special rear-lock door.

To learn more and to ORDER The CurbVault™, contact Mail Theft Solutions, Inc., at 1-866-990-MAIL, or via the web site at: http://curbvault.blogspot.com/ and tell us what you think about the CurbVault™.

Combatants of Identity Theft

Reporting Identity Theft to Credit Bureaus

2006-11-22T01:23:00.000-08:00

identity theft occurs when somebody makes use of your personal information without your permission to commit fraud or other crimes. There are steps you can adopt to minimize the risk of falling victim to fraud.

Most importantly, you must report the fraud to your local police department. The other steps you need to take include contacting the fraud Department of your creditors and bank accounts, reporting the fraud to the Federal Trade Commission, and reporting the fraud to the three major credit bureaus, Equifax, Experian, and TransUnion.

It is important to report the fraud to the three major credit bureaus because identity thieves often try to acquire the credit under your identity. While reporting to the credit bureaus about the fraud, ask each credit bureau to take a report and place a fraud alert on your credit report. Ask each credit bureau to send you a copy of your credit report which will help you to verify and find the extent of any kind of illegal or unlawful credit activity that may have happened using your identity. If you have a police report, complaint number or file number from the local law enforcement agency, you can provide that information to the three major credit bureaus. These reports will help them to examine any disputed accounts or other reports of fraud.

The three major credit bureaus provide many services that make the reporting of identity theft or related fraud easier. Now you need to contact and report only one of these three major credit bureaus and they will inform the others. Each credit bureau follows a consistent three-step procedure to post a security alert on the credit file, opt the identity theft victim out of the offers that are pre-approved for credit insurance and mail the identity theft victim a copy of his/her credit file.. If you have a police report then you can get immediate credit report correction or delete fraudulent data without reinvestigation process.

Credit Bureaus provides detailed information on Credit Bureaus, Letters to Credit Bureaus, Major Credit Bureaus, Credit Reporting Bureaus and more. Credit Bureaus is affiliated with Free Online Credit Reports.

Identity Theft - What You Don't Know Can Definitely Hurt You

2006-11-22T01:16:00.000-08:00

As the internet technology has made shopping, banking and business transactions more convenient by taking it all online, so has it also taken fraud and thievery to a higher, more technologically-advanced level: identity theft.

What is identity theft? identity theft is the stealing of identity through the internet. But can identity be stolen, you ask. As long as you have Social Security number, bank account number, credit account number, health card number, your identity can be stolen.

The internet is already full of reports on identity theft. How is it done?

identity theft is done by malicious individual entities or groups who may not even necessarily have a thorough know-how on the ins and outs of computer tapping and computer hacking. An unsuspecting individual may make a bank transaction online. As he needs verification with the other party he is conducting business with, he may have to give an Social Security number, or a health security number or credit card or credit account number. identity thieves and identity criminals operate on stealth. They can easily gain access to the information you have divulged to the bank you are transacting with. With these information, they can use your identity, make credits in your account, deposit dirty money for laundering in your bank account, make purchases, buy homes, yachts, travel, drain your funds, and basically just do everything they want using your identity and your life.

Though it is important to understand that these banks, shops, credit companies have gone to extreme measures in protecting their clients’ valuable information and protecting their clients’ identities, these identity thieves are also coming up with methods and techniques in counteracting these protective measures as fast as your banks, hospitals and credit companies make them.

Due to the rampant occurrence of identity theft nowadays, especially with the global commercial interaction through the internet, identity theft is now considered a crime. Recent reports have also shown that identity theft has gone to a higher and larger scale level with identity thieves stealing not only individual identities of common, ordinary people. identity thieves have now also penetrated company identities.

If these identity thieves have gained access to important identities from these large, powerful, protected company, imagine what these identity thieves can actually gain from your unprotected internet-exchanged information. Protect yourself by making sure no one is looking behind your shoulders when typing valuable personal information. Erase and delete all website history and visited web pages before logging off your computer so that no one can access what information you may have just encoded. Apply for monthly credit reports and immediately inform your credit company for any suspicious credit purchases you have not transacted. Read a lot of information, updates and news reports on identity theft and educate yourself on the manner by which these identity thieves operate. And although you cannot directly stop identity theft, you can make it a lot harder for these identity thieves and reduce the chances or possibilities of your identity being stolen by counteracting any new methods they might have on stealing identities.

When it comes to the vulnerability and susceptibility of your personal identification information in the internet, you can never be too careful in preventing identity thefts. Where identity theft is concerned, prevention is definitely better than cure, as the latter may just be a little too late.

JB Anthony is the webmaster of http://www.identitytheft.hottestniches.com For more information on preventing, avoiding and counteracting identity theft in online and bank transactions and other security measures, please visit the site http://www.identitytheft.hottestniches.com

California Lemon Law - Know Your Consumer Right!

2006-10-19T08:58:00.000-07:00

What is california lemon law ?

california lemon law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the california lemon law bears a special allegiance to faulty, malfunctioning automobiles.

Main-points of california lemon law

Also known as Motor vehicle Warranty Rights Act, the california lemon law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The lemon law holds the manufacturer responsible for all the defects and problems in a Lemon vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer's money.

The Law also empowers the customer to file a lemon lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer's fees are secured under the california lemon law.

The same set of laws is applicable for leased vehicles as well.

Under What Circumstances Can Consumers Seek Protection Under The lemon law In Calfornia?

california lemon law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared 'Lemons' - faulty and unfit for use. However, this declaration calls for the following proof:

- The defect is a manufacturing defect and is certainly not a result of mishandling.

- The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs).

- The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).

What The Consumers Need To Do?

The california lemon law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like:

- Abide by the instructions in the User's Manual while driving or handling the vehicle.

- Take the vehicle only to authorized service centers for all repair-works and servicing.

- california lemon law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail.

- All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.

Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the california lemon law.

Summary of author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.

Cerebral Palsy Lawyer Consultations

2006-10-19T08:54:00.000-07:00

In the United States, three out of a hundred newborn babies are affected by cerebral palsy due to birth complications and doctor's error. To claim compensation to meet medical needs, one requires the help of an experienced and qualified cerebral palsy lawyer.

Medical malpractice laws vary from state to state. The legal system in the United States offers a wide range of benefits for the victims of cerebral palsy. Prior to filing a suit against the doctor, it is necessary to consult a cerebral palsy lawyer who is specialized in handling medical malpractice law.

cerebral palsy lawyer consultation takes place between a lawyer who is experienced to handle birth injury litigations and the person who claims for medical compensation due to birth injury related cerebral palsy. Normally, consultations can be done in person, via the telephone, or through the Internet.

Consulting a cerebral palsy lawyer before filing a lawsuit will help the clients to know about their legal and financial rights. Initial consultation is free of charge. Usually, initial consultation lasts about 30 to 60 minutes. Certain lawyers do not charge fees even if the clients take extra time in initial consultation.

During consultation, lawyers provide free answers to the legal questions of their clients. They can provide you with the best ways to obtain legal status. Besides, meeting with a lawyer can help the clients to stay current on the new laws that affect them.

Free cerebral palsy lawyer consultations are available with certain websites. The websites provide you with an online case review form. In an online case review form, the visitor provides information about victim as well as case description which would be sent for free evaluation to an experienced legal representative. Consulting cerebral palsy lawyers by means of online case review form is free of cost.

Cerebral Palsy Lawyers provides detailed information on cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer and more. Cerebral Palsy Lawyers is affiliated with Medical Power Of Attorney.

Medical Malpractice- 10 Reasons Why You Shouldn't Sue Your Doctor

2006-10-19T08:53:00.000-07:00

1. You like your doctor

So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?

The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.

So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

2. What good will the money do for you?

This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.

3. Your doctor's reputation will be tarnished

Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.

4. Your doctor will be banished from his community

Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.

5. Your doctor will shut his medical practice

No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.

In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.

But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.

6. Your doctor may lose his license

Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.

The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.

7. Your doctor may alter your records

Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.

8. Your doctor may apologize and tell you it was all a mistake

There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.

Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.

9. Your friends and family may think you're a gold-digger

If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.

Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."

You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.

10. Your injuries aren't that disabling

There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.

Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.

Attorney Oginski has been in practice for 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Clients are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

Surgical Accident Lawyers & Medical Malpractice Attorneys

2006-09-20T05:57:00.000-07:00

Whenever a patient has to undergo a surgical procedure they naturally hope everything will go as planned. Nobody ever wants to think that their surgery will go wrong due to negligence or incompetence, but sometimes accidents do happen.

Surgeons are only human, and sometimes mistakes are made during surgery. It’s unfortunate, but true. One type of surgical mistake that can be made is when an item or instrument, such as a sponge or a scalpel, is left inside the patient. Another type of surgical accident occurs when an incision is made to the wrong body part. Sometimes doctors and their staffs make cuts into the wrong areas of the body and as a result, patients may suffer long term, life-threatening complications as a result of this type of accident.

Another type of surgical accident occurs when the operation takes place on the wrong side or the wrong side of the body. Sometimes the surgeons (or staff) gets confused and cuts into the wrong side of the body. For instance, if the surgery was supposed to be on the left arm, they occasionally make a mistake and operate on the right arm instead. Obviously this can also cause life-threatening complications, including severe infections and unneeded pain and suffering.

In addition to these types of accidents, other surgical mistakes can occur when improper anesthesia is given, or when surgery takes place that is not required. Anesthesia mistakes occur when a patient is given too much, or too little anesthesia is given to the patient.

If you or a loved one has been a victim of a surgical accident, you may be entitled to seek financial compensation for your pain and suffering. Please don’t hesitate, and contact an experienced surgical accident lawyer today.

To learn more about hiring a surgical accident lawyer or filing a surgical accident lawsuit please visit our website at http://www.resource4surgicalaccidents.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

Cerebral Palsy Lawsuits

2006-09-20T05:54:00.000-07:00

Among the legal cases tackling medical malpractice, cerebral palsy lawsuits are the most common. In a 1993 in a study of medical malpractices, cerebral palsy lawsuits accounted for 60 percent of the total number of medical malpractice lawsuits in the United States.

The United States is one of the countries that have the most number of cerebral palsy lawsuits. Based on 2002 statistical reports, more than 1,000 medical malpractice payments were made due to obstetrics related malpractice. A mean payment of almost $500,000 was made for such cases. In terms of actual payment, it has also been found that there is a median of 5.56 year delay in the issuance of the costs of actual damages.

There may be several allegations associated with cerebral palsy lawsuits. An example is malpractice in the management of pregnancy that led to further damage to the child who was detected to have cerebral palsy. Such damages may include excessive blood loss or asphyxia or birth trauma. Another common allegation is delay or failure to perform Caesarian operation because of wrong medical findings related to cerebral palsy.

Successful cerebral palsy lawsuits usually involve a great deal of payments made by the accused to the petitioner. In the District of Columbia, the largest medical malpractice related to cerebral palsy cost $24 million. This involves a child who suffered brain damage and cerebral palsy due to the doctor's failure to respond to an airway obstruction. Another costly case involved $10.8 million paid to the family of a child who suffered from cerebral palsy and mental retardation because of the doctor's failure to respond to symptoms of a uterine rupture.

Other successful cases have involved millions of dollars. Other causes are mismanaged labor and delivery and failure to respond to signs of placental abruption. Meanwhile, there are also lawsuits filed against medical malpractice lawyers. In one case, a group of lawyers had to pay $2.6 million for failing to get appropriate medical experts to strengthen the case of mismanaged labor resulting to cerebral palsy.

There are a number of lawyers who specialize in medical malpractices. They can be contacted to assist in filing cerebral palsy lawsuits. Usually, they offer free initial consultation. Others even offer free online consultation.

Cerebral Palsy provides detailed information on Cerebral Palsy, Spastic Cerebral Palsy, Cerebral Palsy Physical Therapy, Athetoid Cerebral Palsy and more. Cerebral Palsy is affiliated with Multiple Sclerosis Treatments.

Will Estate Planning

2006-05-17T05:34:00.000-07:00

A will is a written document which gives instructions how and to whom the will maker (testator) wants to bequeath his/her property after death. An oral will can be made only by members of military and merchant navy in active service when they don’t have time to execute a written will due to exceptional conditions like war.

Any person above 18 with sound mental health can make a will. It must be dated and signed by the testator and certain number of witnesses, depending on the laws of the state. A hand written will, called ‘holographic will’, valid in 25 states, does not require witnesses.

Though preparing a basic will is very simple many people neglect to prepare one thinking that the end is far away. Should a catastrophe strike a court will decide how the property will be distributed.

The right time to prepare a will is when you are in full control of all your mental faculties. Though wills made on the death-bed are perfectly valid, there’s a greater possibility of it being contested by a disgruntled beneficiary on the grounds of your mental inconsistency.

You can modify the will through a codicil that adds/removes certain provisions from the original will. You can also replace the original will by preparing and executing a new will. Change in your marital status, birth of a child, death of a beneficiary, substantial alterations to property, change of law or your desire to change the beneficiaries may require altering of will.

It is not necessary to notarize the will or to file it in court. Just keeping the document in a secure place and making it accessible to your executor will do. However, signing of an affidavit before a notary public by you and your witnesses will simplify the court procedure should the validity of the will be challenged.

If the value of your property is below the estate tax exemption limits ($1.5m), a basic will is all you need. It should give details of the persons/organizations to whom/which you want to bequeath your property; guardian(s) to manage the property in case you have minor children, and the executor of will.

Preparing a basic will does not require much skill and can be done with some help. However, if you want to make elaborate arrangements for disposing of property, or if the property involved is considerable (and there is a possibility of the will being contested), you better seek professional help so that your beneficiaries won’t face problems after you are gone.

Will Estate Planning
By Max Bellamy
Estate Planning provides detailed information on Estate Planning, Estate Planning Attornies, Will Estate Planning, Estate Tax Planning and more. Estate Planning is affiliated with Filing Chapter 11 Bankruptcy.

Article Source: http://EzineArticles.com/?expert=Max_Bellamy

Estate Planning Basics

2006-05-17T05:33:00.000-07:00

Benjamin Franklin famously said, “In this world, nothing is certain but death and taxes.”

Unfortunately, you can’t avoid death. But a carefully-drafted estate plan can help avoid taxes, family conflicts and a lot of unnecessary heartache. The following provides a general overview of the estate planning process, and what to expect.

Why do I need an Estate Plan?

Many of us spend our earthly lives accumulating assets which, unfortunately, upon our death, will not go with us. The top 2 reasons for having an estate plan:

1. So you can transfer your wealth to your chosen heirs, in your chosen manner;

2. So you can plan for and effectively limit the taxation of your estate;

What if I don’t have an Estate Plan?

If you die “intestate” (which is without a will) or without an estate plan, lots of things can happen, such as:

1. Intestate Succession: When someone dies without a will, the government will step in and decide who gets what.

2. Probate: The estate could go to probate, a costly and very public process. (See below: What is Probate?)

3. Guardianship of Minor Children: If both spouses pass away, it is a good idea to list who they want as a guardian.

4. Higher Estate Taxes. Higher estate taxes = less for beneficiaries.

What is Probate?

Probate refers to process of legally validating a person's will. Such a procedure takes approximately 9-12 months. The court appoints a person designated as an "executor" to handle the assets and to administer the estate. The fees that the executor and attorney receive are set by law (a percentage of the value of the assets which go through probate.)The total fees can be approximately 5-6% of the estate assets.

How Do I Avoid Probate?

Please note that wills DO NOT avoid probate. (See Below: Wills v. Trusts).

In California, the first $100,000 of an estate is exempt from probate, meaning that the first $100,000 can be collected without a formal Probate procedure. All else is subject.

Some probate-avoidance techniques are:

1. Revocable Living Trusts;

2. Joint Tenancy;

3. Life insurance and retirements accounts which name a beneficiary;

4. “Pay-on-death” accounts

5. In California, “spousal confirmation proceeding”, where a petition is filed with the court, notice is given to certain parties, and if no one objects, the court approves the assets as going to the spouse. This procedure can only be used for husband and wife.

Is Probate Always Bad?

Nowadays, people tend to associate “probate” with the bad and ugly. However, there are some instances that probate can provide benefits. For example, if your estate owes a lot of debts, to a lot of creditors; or if you believe someone may challenge your estate in court. You should discuss these issues with a qualified estate planning attorney.

Wills v. Trusts

As explained above, wills do not avoid probate. Even if you have a will, upon your death, the will becomes a public document. A will is subject to probate, which can be a painful, drawn-out process that most people would want to avoid.

A living trust, however, avoid probate. The principle behind a Revocable Living Trust is this: When you establish a Living Trust, you transfer all your property into the Trust, and then name yourself as trustee (or spouse as co-trustee). You will also name “successor trustees”, who will take over your assets and handle them pursuant to your instructions. Since the “successor trustee” will be following your decisions, the probate courts needs not be involved.

The trustees maintain complete control over the property, the same control you had before your property was placed in trust. You can even discontinue the Trust if you choose.

Another important difference between a trust and a will is that a will is not effective until you die. A trust, however, is effective as soon as you make it, and can offer protection if you become disabled or incapacitated. How Do I Transfer My Assets to a Trust?

In order to fulfill the purpose of your estate plan, you should fund the revocable trust you have by transferring your assets to the trust. For all transfers, title should be transferred to the trust. For example, if I were to set up a trust, I would transfer title to my property to “Kelly Chang, as Trustee, or the acting successor Trustee, of the Kelly Chang Revocable Trust Dated March 6, 2006”.

The following describes the transfer process for basic types of assets. For assets not listed, please consult with a qualified estate planning attorney.

1. Real Property In California: It will be necessary to prepare and record a new deed in order to transfer title of real property to your trust. It is also necessary to submit a Preliminary Change of Ownership Report with the deed notifying the local county assessor as to whether the property is subject to reassessment. A transfer to a revocable living trust is exempt from reassessment.

Please note that if there is a mortgage, you should contact your lender and request a waiver of enforcement of any due-on-sale clauses contained in the loan documents.

2. Real Property Outside of California: Laws vary from state to state regarding transfer s of real estate. Best to consult with an attorney located in that state who is familiar with local rules regarding property taxation, income taxation, and law regarding mortgages as it affects such property. We can help you find such an attorney who will assist you.

3. Cash Accounts: You should contact all banks and let them know that you have a living a trust and wish to transfer assets to it. You should change the name on the bank accounts and CD’s by completing new signature cards as the Trustee.

4. Stocks and Bonds: Your broker should help you with this.

5. Life Insurance: The beneficiary should be changed to the trust; however, if it’s a small policy, you may wish to continue the designation of your original beneficiary.

6. New Assets: All new assets should be acquired in the name of the trust.

If I Have a Living Trust, Do I Need a Will?

Yes, most trusts will have a “pour over” will, which simply provides that any assets held in your name alone at death, which were not in your living trust, will be transferred to your living trust. However, these assets not originally in the trust will not avoid probate.

Should I Change or Update My Will?

Congratulations, you’ve made your estate plan. When should you make changes or update the documents? It truly depends. Generally, if something major happens, such as a death of spouse or beneficiary, divorce, adoption of new child, or winning the lottery. Please consult a qualified estate planning attorney.

By Kelly Chang
Kelly Y. Chang, Esq. is the owner/founder of the Law Offices of Kelly Chang, a Professional Law Corporation. The firm specializes in Estate Planning, Real Estate Law, and Family Law. Ms. Chang was born in Taiwan, and is fluent in Mandarin Chinese, Taiwanese, and French. She is passionate about international issues and has traveled to 30+ countries. In addition, Ms. Chang is an accomplished classical pianist and composes and performs music in her spare time.

Article Source: http://EzineArticles.com/?expert=Kelly_Chang

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

2006-04-26T05:42:00.000-07:00

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

2006-04-26T05:41:00.000-07:00

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

2006-04-26T05:36:00.000-07:00

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

2006-04-26T05:35:00.000-07:00

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

2006-04-26T05:33:00.000-07:00

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?

2006-04-26T05:32:00.000-07:00

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

2006-04-26T05:30:00.000-07:00

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

2006-04-26T05:27:00.000-07:00

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?

2006-04-26T05:24:00.000-07:00

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

2006-04-26T05:22:00.000-07:00

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

2006-04-26T05:19:00.000-07:00

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

2006-04-26T05:17:00.000-07:00

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

2006-04-26T05:11:00.000-07:00

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!

2006-04-26T05:05:00.000-07:00

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

2006-04-24T02:13:00.000-07:00

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

2006-04-23T02:51:00.000-07:00

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

2006-04-23T02:50:00.000-07:00

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

2006-04-23T02:49:00.000-07:00

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

Founder of Senior Approved Services a national network of products, resources and services endorsed by seniors.

How To Write A Last Will And Testament

2006-04-23T02:48:00.000-07:00

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.

Siding Lawsuit

2006-04-23T02:47:00.000-07:00

In the same vein as a siding recall, a siding lawsuit is a far more aggressive way of dealing with improper manufacturing of siding made with synthetic materials. Instead of a product recall being prompted by the manufacturer’s awareness of the faulty product, or in some cases lack of awareness, a legal representative is hired on behalf of the consumers who have purchased the product to file suit against the manufacturer. A siding lawsuit that is “class action” in nature pertains to a large number of consumers owning the faulty siding. It such cases a siding lawsuit of this magnitude may result in the manufacturer compensating the consumer with a monetary sum to make up for any health, or safety issues and the replacement of the faulty siding.

Like any lawsuit over a bad product, a siding lawsuit would not merely impact consumers on a small scale, but those on a large, even national scale. The consumers to which a class action siding lawsuit pertains to may very well be unaware of their potential involvement in the suit. Often in such cases the various media outlets including television, radio, and newsprint is notified so that the consumers who are not aware of the faulty products in their possession may gain awareness and take action if they so choose. In some cases, upon a settlement, a siding lawsuit will force the manufacturer to contact the consumers who have purchased their product in the past, notifying them of the courts ruling and what they need to do if they choose to participate. Yet while the consumer and legal representative may desire quick action on the part of the courts, a siding lawsuit may take many months before a resolution is reached that is satisfactory to all parties.

John Pawlak is the President of Claimsource One, Inc., the leading defective home siding claims processor in the US. The company can be found online at http://www.claimsourceone.com Claimsource One has recovered over $45 Million for homeowners.

Taking Control; Safeguarding the Distribution of Your Assets by Making A Will

2006-04-23T02:45:00.000-07:00

The Importance of Making a Will

A valid will is one of the most important documents you could ever put your signature to, as the consequences of failing to make a will before you die can have far-reaching effects on the people you care about most.

Despite the importance of this legal document, it is still the case that only 3 out of every 10 people make a will mainly due to lack of awareness as to why a Will is needed.

The 3 most important reasons why a Will should be made are;

1. Simplifying Administration Process
2. Intestacy & Distribution of Assets
3. Inheritance Tax

1. Simplifying the Administration Process

Before a deceased person’s estate can be distributed to various individuals a grant of representation needs to be obtained from the Probate office. All assets which comprise the estate –including money in bank accounts - are frozen until this grant is confirmed. Where no will has been made the process of applying for the grant is drawn out, causing aggravated upset and anxiety for relatives and possibly acrimonious disputes and legal costs over who should deal with the estate.

A valid Will resolves these problems as persons will already have been appointed by the Will – executors – to deal with the estate and can obtain the grant and begin the distribution of the assets in a minimal period of time thus saving costs, time and unnecessary distress.

2. Intestacy & Distribution of Assets

Making a Will is the only way to ensure that the people you wish to inherit from your estate actually do so. Failing to make a Will will result in the law of Intestacy being applied, and the intestacy rules will dictate who will receive what, and often this will not accord with what you would have wanted. For example;

a) If you are single you may want to distribute your assets amongst selected friends and family. The rules of intestacy will not take into account any relationships based on friendship, and will distribute amongst relatives only, everything passing to the State if no relatives can be found.

b) If you are living as cohabitees (unmarried couple) you may want your partner to derive some benefit from your estate, perhaps to remain in the family home for example. The rules of intestacy would not take your partner into account; as far as the law is concerned, you would be treated as a single person and your partner would receive nothing.

c) If you are married with children you might assume that your spouse would receive everything. This is not always the case, as brothers and sisters and often your children will also have a claim.

d) If you are a parent, you might assume that if anything were to happen to you that your closest relatives would be responsible for the care of your children. However, the matter will need to be taken to the Courts for them decide who should have custody, a process which can be very drawn out and distressing to the parties involved. This particular consequence is of vital importance if you are a single parent or unmarried couple with children. Making a Will is invaluable by appointing Guardians to be responsible for the care of your children.

Failing to make a Will leaves control over the distribution of YOUR possessions and assets in the hands of the State. Making a Will puts the control back in YOUR hands.

3. Inheritance Tax

The family home is often the main asset and with the increase in property values more and more people have been caught in the Inheritance Tax net. Failing to make a Will will result in the rules of Intestacy being applied and these will only provide for the minimum Inheritance Tax avoidance.

The UK legislation provides that assets up to the value of £275,000 are exempt from Inheritance Tax and anything over this threshold will be taxed at 40%. When you add up everything you own – including personal items etc – you may find you are worth a substantial amount of money. In addition, you might be dismayed to discover that you also be liable to pay inheritance tax!

As an example, if your estate is worth £300,000, £25,000 of that will be taxable at the rate of 40% which will result in £10,000 worth of tax being payable!

Making a Will is one of the best tax avoidance tools you can employ – in addition to others and utilising the exemptions which are available.

Making a Will is probably one of the last – and most important – undertakings you can do for the benefit of your family and those you love…failure to make one can have far reaching and dire consequences.

JsByrne
LLB (Hons) LPc.
www.Draft-Your-Will.com

Miss JsByrne holds a Bachelor of Law degree with Honours & a post-graduate diploma in Legal Practice. Also gained qualification in Wills Writing & is the owner/author of http://www.Draft-Your-Will.com

Estate Planning Basics

2006-04-23T02:42:00.000-07:00

Benjamin Franklin famously said, “In this world, nothing is certain but death and taxes.”

Unfortunately, you can’t avoid death. But a carefully-drafted estate plan can help avoid taxes, family conflicts and a lot of unnecessary heartache. The following provides a general overview of the estate planning process, and what to expect.

Why do I need an Estate Plan?

Many of us spend our earthly lives accumulating assets which, unfortunately, upon our death, will not go with us. The top 2 reasons for having an estate plan:

1. So you can transfer your wealth to your chosen heirs, in your chosen manner;

2. So you can plan for and effectively limit the taxation of your estate;

What if I don’t have an Estate Plan?

If you die “intestate” (which is without a will) or without an estate plan, lots of things can happen, such as:

1. Intestate Succession: When someone dies without a will, the government will step in and decide who gets what.

2. Probate: The estate could go to probate, a costly and very public process. (See below: What is Probate?)

3. Guardianship of Minor Children: If both spouses pass away, it is a good idea to list who they want as a guardian.

4. Higher Estate Taxes. Higher estate taxes = less for beneficiaries.

What is Probate?

Probate refers to process of legally validating a person's will. Such a procedure takes approximately 9-12 months. The court appoints a person designated as an "executor" to handle the assets and to administer the estate. The fees that the executor and attorney receive are set by law (a percentage of the value of the assets which go through probate.)The total fees can be approximately 5-6% of the estate assets.

How Do I Avoid Probate?

Please note that wills DO NOT avoid probate. (See Below: Wills v. Trusts).

In California, the first $100,000 of an estate is exempt from probate, meaning that the first $100,000 can be collected without a formal Probate procedure. All else is subject.

Some probate-avoidance techniques are:

1. Revocable Living Trusts;

2. Joint Tenancy;

3. Life insurance and retirements accounts which name a beneficiary;

4. “Pay-on-death” accounts

5. In California, “spousal confirmation proceeding”, where a petition is filed with the court, notice is given to certain parties, and if no one objects, the court approves the assets as going to the spouse. This procedure can only be used for husband and wife.

Is Probate Always Bad?

Nowadays, people tend to associate “probate” with the bad and ugly. However, there are some instances that probate can provide benefits. For example, if your estate owes a lot of debts, to a lot of creditors; or if you believe someone may challenge your estate in court. You should discuss these issues with a qualified estate planning attorney.

Wills v. Trusts

As explained above, wills do not avoid probate. Even if you have a will, upon your death, the will becomes a public document. A will is subject to probate, which can be a painful, drawn-out process that most people would want to avoid.

A living trust, however, avoid probate. The principle behind a Revocable Living Trust is this: When you establish a Living Trust, you transfer all your property into the Trust, and then name yourself as trustee (or spouse as co-trustee). You will also name “successor trustees”, who will take over your assets and handle them pursuant to your instructions. Since the “successor trustee” will be following your decisions, the probate courts needs not be involved.

The trustees maintain complete control over the property, the same control you had before your property was placed in trust. You can even discontinue the Trust if you choose.

Another important difference between a trust and a will is that a will is not effective until you die. A trust, however, is effective as soon as you make it, and can offer protection if you become disabled or incapacitated. How Do I Transfer My Assets to a Trust?

In order to fulfill the purpose of your estate plan, you should fund the revocable trust you have by transferring your assets to the trust. For all transfers, title should be transferred to the trust. For example, if I were to set up a trust, I would transfer title to my property to “Kelly Chang, as Trustee, or the acting successor Trustee, of the Kelly Chang Revocable Trust Dated March 6, 2006”.

The following describes the transfer process for basic types of assets. For assets not listed, please consult with a qualified estate planning attorney.

1. Real Property In California: It will be necessary to prepare and record a new deed in order to transfer title of real property to your trust. It is also necessary to submit a Preliminary Change of Ownership Report with the deed notifying the local county assessor as to whether the property is subject to reassessment. A transfer to a revocable living trust is exempt from reassessment.

Please note that if there is a mortgage, you should contact your lender and request a waiver of enforcement of any due-on-sale clauses contained in the loan documents.

2. Real Property Outside of California: Laws vary from state to state regarding transfer s of real estate. Best to consult with an attorney located in that state who is familiar with local rules regarding property taxation, income taxation, and law regarding mortgages as it affects such property. We can help you find such an attorney who will assist you.

3. Cash Accounts: You should contact all banks and let them know that you have a living a trust and wish to transfer assets to it. You should change the name on the bank accounts and CD’s by completing new signature cards as the Trustee.

4. Stocks and Bonds: Your broker should help you with this.

5. Life Insurance: The beneficiary should be changed to the trust; however, if it’s a small policy, you may wish to continue the designation of your original beneficiary.

6. New Assets: All new assets should be acquired in the name of the trust.

If I Have a Living Trust, Do I Need a Will?

Yes, most trusts will have a “pour over” will, which simply provides that any assets held in your name alone at death, which were not in your living trust, will be transferred to your living trust. However, these assets not originally in the trust will not avoid probate.

Should I Change or Update My Will?

Congratulations, you’ve made your estate plan. When should you make changes or update the documents? It truly depends. Generally, if something major happens, such as a death of spouse or beneficiary, divorce, adoption of new child, or winning the lottery. Please consult a qualified estate planning attorney.

Kelly Y. Chang, Esq. is the owner/founder of the Law Offices of Kelly Chang, a Professional Law Corporation. The firm specializes in Estate Planning, Real Estate Law, and Family Law. Ms. Chang was born in Taiwan, and is fluent in Mandarin Chinese, Taiwanese, and French. She is passionate about international issues and has traveled to 30+ countries. In addition, Ms. Chang is an accomplished classical pianist and composes and performs music in her spare time.

Living Trust... Living Will... What's the Difference?

2006-04-23T02:41:00.000-07:00

"My mom told me she has a living will. That way she's going to avoid probate"

I can't tell you how many times I've heard this when a new person finds out I was a living trust lawyer.

They go on to say, "She got one of those forms at the seniors' center. You know, the one she can fill out herself. They even witnessed it for her."

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a "living will" and a "living trust" are two different instruments that serve two different purposes.

One, the "living will," is your statement that "If I am terminally ill or mortally injured (I'm using simple language here to get the point across), then don't hook me up to life support that will never return me to life." It's the issue that's currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family's wishes and a court ruling.

Her "living will" has nothing to do with avoiding probate. It is a health care document. Really it should be called a "death desire," but our society can't handle that bluntness.

A "living trust," on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don't own any property when you die, then (generally...there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a "living" trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don't own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A "living trust" is a LOT more complicated to set up and maintain than a "living will." They accomplish different tasks.

So, when you hear that a loved one has a "living will to avoid probate," it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

© Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

Living Wills in New Jersey Law

2006-04-23T02:39:00.000-07:00

Anyone who cares about the feelings of their family members, or their own final health care treatment, should consider executing a Living Will. It has become an essential element in the practice of Estate Planning Attorneys.

Why? A Living Will permits the patient to communicate, in advance, the medical care decisions he or she would make if rendered incapacitated, so that their family won’t be put in the difficult position of having to do so for them.

The recent nationwide controversy caused by the unfortunate situation of a woman in Florida, who did not possess a Living Will, has demonstrated the family pain created by this issue and sparked renewed public interest in the Living Will. Clients from California to New Jersey have contacted Estate Planning Attorneys to learn more about them.

The Basics:

The legal name for a Living Will is an Advanced Directive, a document codified nearly 15 years ago by The New Jersey Advanced Directives for Health Care Act.

In New Jersey, according to the law, an Advanced Directive, or Living Will, in and of itself, is a simple document needing only to be in writing, signed and dated in the presence of two subscribing adult witnesses who must attest to the fact that the person is of sound mind and free from duress and undue influence. Alternatively, it simply may be signed, dated and acknowledged before a notary public, an attorney or other person authorized in New Jersey to administer oaths.

The Advanced Directive becomes operative when it is transmitted to the attending physician who has determined that the patient lacks the capacity to make a particular health care decision.

Once made, the patient may revoke the Advanced Directive either by oral or written notification of the revocation to the “Health Care Representative”, physician, nurse or other health care professional, or by any other act evidencing an intent to revoke the document. In other words, the patient can change his or her mind, at any time, simply by saying so.

What It Does:

Consistent with the terms of an Advance Directive, life-sustaining treatment may be withheld or withdrawn from a patient if the life-sustaining treatment is:

· Experimental and not proven therapy, or is likely to be ineffective or futile in prolonging life, or is likely to merely prolong an imminent dying process;

· The patient is permanently unconscious, as determined by the attending physician and confirmed by a second qualified physician;

· The patient is in a terminal condition as determined by the attending physician and confirmed by a second qualified physician, or

· The patient has a serious irreversible illness or condition, and the likely risks and burdens associated with the medial intervention to be withheld or withdrawn may be reasonably judged to outweigh the likely benefits to the patients from such intervention or imposition on an unwilling patient would be inhumane.

The law allows the attending physician, consistent with the terms of the Advance Directive, to issue a “Do Not Resuscitate” Order.

Two Types -- Instruction and Proxy:

There are two types of New Jersey Advanced Directive, or Living Will: An Instruction Directive and a Proxy Directive. You may choose to create either one or both.

The first type, an Instructive Directive is what clients usually mean when referring to a Living Will. It provides instructions and directions regarding health care in the event that the patient subsequently lacks such decision-making capacity. The Instruction Directive may state the person’s general treatment philosophy and objections together with the person’s specific wishes regarding the provision, withholding or withdrawal of any form of health care, including life-sustaining treatment.

The second type, the Proxy Directive is more similar to a Power of Attorney because it appoints a “Health Care Representative” to make health care decisions in the event the patient subsequently loses the capacity to make such decisions.

A person may appoint as his “Health Care Representative” any competent adult, including a family member, a friend or a religious adviser. Once the person’s attending physician determines that a person lacks decision- making capacity (along with confirmation of another physician, unless that person’s lack of decision-making capacity is clearly apparent), the “Health Care Representative” has the authority to make health care decisions on behalf of the patient. The “Health Care Representative” is to make all health care decisions the patient would have made had he or she possessed decision-making capacity, or where the patient’s wishes cannot be determined adequately, to make a decision in the best interest of the patient.

In carrying out the person’s wishes, the “Health Care Representative” is to give priority to that patient’s Instruction Directive, if one exists. Also, a Proxy Directive can be written in New Jersey so as to place specific limitations upon the authority of the “Health Care Representative”.

Also important to note, the Living Will statute in New Jersey covering Proxy Directives specifically protects the patient’s “Health Care Representative” from liability. The law states that the “Health Care Representative” is not imposed with any liability for any portion of the person’s health care costs, not subject to criminal or civil liability for any action performed in good faith and in accordance with the provisions of the act to carry out the terms of the Advance Directive.

Physician and Hospital Responsibilities:

Interestingly, the law requires the attending physician to make affirmative inquiry of the patient, his family or others as appropriate under the circumstances, concerning the existence of an Advance Directive. In other words, the attending physician must initiate the question of a Living Will. The attending physician is required to note in the patient’s medical records whether an Advance Directive exists and the name of the patient’s “Health Care Representative”, if any. If an Advance Directive exists, a copy must be attached to the patient’s medial records.

Health care institutions including hospitals, nursing homes, home health care agencies and hospice programs are required to adopt policies and practices that are necessary to provide for routine inquiry at the time of admission and other appropriate times concerning the existence and location of an Advance Directive. Moreover, health care institutions must adopt policies and practices necessary to provide appropriate informational materials concerning Advance Directive to all interested patients, their families and their “Health Care Representatives”, and to assist those patients in discussing the executing an Advance Directive.

These health care institutions will also be required to adopt policies and practices necessary to educate patients, their families and “Health Care Representatives” about the availability, benefits and burdens of rehabilitative treatment, therapy and services, included but not limited to family and social services, self-help and advocacy services, employment and community living, and the use of assisting devices. Health care institutions must establish procedures and practices for resolution of the disputes among the patient, and “Health Care Representative” and attending physician in the event there is disagreement concerning the patient’s decision making capacity or in the interpretation of the Advance Directive concerning the patient’s course of treatment.

The New Jersey law on Living Wills expressly states that it should not be interpreted to impair the obligations of health care professionals to provide for the care and comfort of the patient and to alleviate pain, in accordance with accepted medical and nursing standards.

The patient’s family, “Health Care Representative”, and appropriate others should be informed that if a person has appointed a “Health Care Representative” and subsequently lacks decisions-making capacity concerning a particular health care decision, the attending physician must obtain the informed consent for, or refusal of, health care from the “Health Care Representative” after discussing the nature and the consequences of the person’s medical condition, and the risks, benefits and burdens of the proposed health care and its alternatives. However, if the patient is subsequently found to possess adequate decision-making capacity, the patient shall retain legal authority to make the health care decision.

Moreover, even if the patient lacks decision-making capacity, but nonetheless clearly expresses the wish that medically appropriate measures be utilized to sustain life, that wish shall take precedence over any contrary decision of the “Health Care Representative” and over any contrary statement in the patient’s Instructive Directive.

Conclusion:

The services of an Estate Planning Attorney are not necessarily required in New Jersey to execute a Living Will – just as they are not required to execute a Real Estate Contract or a Last Will & Testament – provided the document is in the proper form, correctly drafted, signed and witnessed. However to be sure that a Living Will conforms to New Jersey legal guidelines and that the patient’s wishes in the event of incapacity are clearly expressed – so as to be understood and followed – it may be prudent to consult a lawyer experienced in Estate Planning before the occasion arises in which the Living Will is needed.

Thomas G. McMahon, Esq. is a attorney in the Princeton-based law firm Pellettieri, Rabstein & Altman who specializes in estate planning and tax litigation. You can reach Mr. McMahon at 609-520-0900, or visit http://www.pralaw.com

Living Will And Durable Power Of Attorney For Health Care - What Is The Difference?

2006-04-23T02:37:00.000-07:00

A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is important to remember that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. (Find more information at: legalhelper.net/living-will.aspx)

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:

1. To direct disconnection of artificial life-support systems in the event of terminal illness;

2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and

3. To direct discontinuation of artificial nutrition and hydration.

In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client's signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.

The Living Will witnesses may not be the client's spouse, attending physician, heirs-at-law or person with claims against the client's estate.

The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client's estate upon death under Will, Trust or operation of law.

People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client's primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures.

Note that http://www.LegalHelper.net provides an easy-to-use, quick, and economical online method for creating completed legal documents for any occasions.

About The Author

James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.

Website: LegalHelper.net (http://www.legalhelper.net/power-of-attorney.aspx).

Frequently Asked Questions About Wills, Living Wills and Powers of Attorn

2006-04-23T02:36:00.000-07:00

WHAT DOES A WILL DO?

The simplest way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes is to prepare a will. A will is a legal document designating the transfer of your property and assets after you die. Usually, wills can be written by any person over the age of 18 who is mentally capable, commonly stated as "being of sound mind and body."

WHO NEEDS A WILL?

Although wills are simple to create, about half of all Americans die without one (or Intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to the laws of your state. Wills are not just for the rich; the amount of property you have is irrelevant. A will ensures that what assets you do have will be given to family members or other beneficiaries you designate. If you have no apparent heirs and die without a will, it's even possible the state may claim your estate.

Having a will is especially important if you have young children because it gives you the opportunity to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children who may be someone you do not even know.

WHAT ARE THE ELEMENTS OF A WILL?

What you generally need to make a will:

1) Your name and place of residence;

2) Names and addresses of spouse, children and other beneficiaries, such as charities or friends;

3) Alternate beneficiaries, in the event a beneficiary dies before you do;

4) Name and address of an Executor/ Executrix to manage your estate;

5) Name and address of an alternative Executor/Executrix, in the event your first choice is unable or unwilling to act;

6) Name and address of a guardian for your minor children;

7) Name and address of an alternative guardian, in the event your first choice is unable or unwilling to act;

8) The age you wish your minor children to have control of their inheritance;

9) Any burial requests you may have (cremation, where you want to be buried, etc.);

10) Your signature;

11) Two Witnesses' signatures; and

12) Notarization.

Two of the most important items included in your will are naming a guardian for minor children and naming an Executor/ Executrix.

WHAT IS A GUARDIAN?

In most cases, a surviving parent assumes the role of sole guardian. However, it's important to name a guardian for minor children in your will in case neither you nor your spouse is able and willing to act. The guardian you choose should be over 18 and willing to assume the responsibility. Talk to the person ahead of time about what you are asking. You can name a couple as co-guardians, but that may not be advisable. It's always possible the guardians may choose to go their separate ways at some later date, and, if so, a custody battle could ensue. If you do not name a guardian to care for your children, a judge will appoint one, and it may not be someone you would have chosen.

WHAT IS A EXECUTOR/EXECUTRIX AND WHAT DO THEY DO?

An Executor/Executrix is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, an adult child, a relative, or a friend to fulfill this duty.

If no Executor/Executrix is named in a will, a Probate Judge will appoint one. Probate refers to the legal procedure for the orderly distribution of property in a person's estate. The Executor/Executrix files the will in probate court, where a Judge decides if the will is valid. If it is found to be valid, assets are distributed according to the will. If the will is found to be invalid, assets are distributed in accordance with state laws.

Responsibilities usually undertaken by an Executor/Executrix include:

--Paying valid creditors;

--Paying taxes;

--Notifying Social Security and other agencies and companies of your death;

--Canceling credit cards, magazine subscriptions, etc.; and

--Distributing assets according to the will.

WHAT ABOUT UPDATING MY WILL?

You'll probably need to update your will several times during the course of your life. For example, a change in marital status, the birth of a child or a move to a new state should all prompt a review of your will. You can update your will by amending it by way of a Codicil or by drawing up a new one. Generally, people choose to issue a new will that supersedes the old document. Be sure to destroy the old will after you sign a new one.

WHAT ABOUT ESTATE TAXES?

The property included in your will may be subject to taxation. In planning your will, take into account the following:

---Federal estate taxes will generally be due if the net taxable estate is worth more than $1,000,000. This amount is scheduled to gradually increase from $1,000,000 in 2002/2003 to $3,500,000 in 2009 so that it will eventually shield $3,500,000 in gift or estate transfers from tax per taxpayer. Estates in excess of the exempt amount can be taxed at a rate from 37% to 50% (the top percentage is scheduled to gradually decrease to 45% in 2009). Also, note that these estate tax changes are scheduled to be repealed in 2010. If not extended, the tax law will revert to the estate and gift tax provisions in affect in 2001. Consult a tax or financial professional to determine a plan that is right for you and your family.

---State death or inheritance taxes

---Federal income taxes

---State income taxes

You may be able to minimize your estate tax by establishing a trust or giving gifts during your lifetime. You can also cover the cost of estate taxes by purchasing a life insurance policy intended to pay taxes. Talk to your life insurance agent to find out more about how this works.

WHERE SHOULD I KEEP MY WILL?

Once your will is written, store it in a safe place that is accessible to others after your death. I suggest that you keep it in a fire proof box that you can purchase at any office supply store. I do not suggest that you keep your will in a safe deposit box because many states will seal your safe deposit box upon your death. Make sure a close friend or relative knows where to find your will.

WHAT IS A LIVING WILL?

A living will is not a part of your will. It is a separate document that lets your family members know what type of care you do or don't want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. Discuss your wishes as reflected in your living will with family members, and be sure all your doctors have a signed copy.

WHAT IS A POWER OF ATTORNEY FOR HEALTH CARE (HEALTH CARE PROXY)?

A power of attorney for health care (health care proxy) is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your medical intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your doctors have a signed copy.

WHAT IS A FINANCIAL DURABLE POWER OF ATTORNEY?

A financial durable power of attorney is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your financial intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your financial professionals (stockbrokers, accountants, financial planners) and banks have a signed copy.

PLAN AHEAD

The end of your life is something you probably don't want to dwell on, but thinking about what will happen to your loved ones and your assets and personal possessions is important. Making sure you've done all you can to make their lives easier will give you peace of mind. And once your will is drafted, you won't have to think about it again unless something significant in your life changes.

About The Author

Sheri R. Abrams is an Attorney in Fairfax, VA. Her practice is limited to the areas of Social Security Disability Law and the preparation of wills, living wills, health and financial powers of attorney. Ms. Abrams is a graduate of Boston University's School of Management and the George Washington University School of Law. Ms. Abrams is rated "AV" by Martindale-Hubbell. More information can be found at http://www.sheriabrams.com

Last Will And Testament

2006-04-23T02:34:00.000-07:00

A last will or testament is a document by which a person arranges for the distribution of his or her property and possessions after her death. Family members have the legal rights to property of a person but a person’s will is always respected whether he wants to leave his money to them or some acquaintance in Timbuktu. The will and testament regulates others’ rights over one’s property and family after one’s death.

When a person dies, a probate proceeding is initiated to take care of his property. The will usually names an executor - a person assigned the task of carrying out the provisions of the will. If not an executor is named by the probate court. In some States of U.S., if the person (Testator) has died with a proper will, probate proceedings are not required. But in most states such legal proceedings are required to settle the property especially in case of intestacy (Lack of will).

In most states the Intestacy laws follow the laws of descent. In the event of a person’s death, property goes to the spouse, then children and their descendants. If a person dies intestate with no legal heirs, the person’s estate generally escheats or reverts to the government. A legal representative is appointed to look after this process.

Probate proceedings take along time and to avoid probate, people generally execute a living trust while they are alive. This is a trust to which a person transfers ownership of his property and which he controls. After his death, the beneficiaries named in his trust gain ownership of the property. This avoids probate proceedings and publicizing of property details.

Any person above the age of 18 can draft his own will without an aid of an attorney. Every will must have following provisions- The testator must clearly identify himself and declare that he revokes all previous wills and codicils (attachments). He must declare that he is acting freely and willingly and must sign and date the will in the presence of two witnesses who must not be beneficiaries. Lastly, the testator’s signature must be placed at the end of the will.

Wills may be of different types. A holographic will and testament is one that has been entirely handwritten. It is then signed by the testator. In some states, holographic wills need not even be legally witnessed. Such wills are common in emergency situations, such as when testator is alone and in near death situations. In the U.S. unwitnessed holographic wills are recognized by 30 of the 50 states. A minority of states also recognize "non cupative" or oral wills.

A joint will is a single document signed by both the husband and the wife. It makes a single disposition of their property on the death of either or both of them. Mutual wills are a pair of identical documents, one signed by the husband and other by the wife, thereby assuring identical dispositions of property.

Although wills are simple enough, nearly half of all Americans die without making one. They fail to realize that their hard earned wealth will be reverted to government possession and divided according to State Law. A will is especially important if you want to appoint legal guardians for your children in the event of your demise.

By Damian Sofsian
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.

Free Last Will And Testament Packages

2006-04-23T02:33:00.000-07:00

A will is a legal document that divides your property among beneficiaries – like your spouse and children - and decides the fate of your assets. There are free packages for creating wills available in the market.

The person making the will is called the testator and those receiving any items from the will are called beneficiaries. When testator creates a will, he also names an executor who ensures the smooth implementation of the will on his demise.

Any adult citizen (over the age of 18) of sound mind can draft his will. Drafting a will is a simple process but, becomes more complicated the more assets and more property you possess. In such a case you would require the services of a lawyer to draft a will.

Drafting wills are manipulated as they are future bread and butter of lawyers. The lawyers often offer free last will and testament packages. But when they draft the bill they include clauses that lock in their influence for the future. You will probably get addicted to consulting that lawyer every time in the future. After your demise, your relatives run to your lawyer for their rescue.

Lawyers actually make what are called as “Will Files”. They draft lots of free packages of wills in order to get the probate business. It takes around 10 years to build up a good will file but once set, assures financial success for the lawyer.

Though you feel that you should make your will, don’t be tempted do it yourself. To be valid, a will must be strictly compliant with state law. That law may require a certain language, signature in a particular fashion and a certain number of witnesses. Homemade wills are recognized by only few states, and most homemade will are usually subject to contesting. A vindictive relative can make your will invalid and leave your property at the mercy of the courts.

Many sites on the Internet offer free packages of last will and testament covering a comprehensive list of services. This includes-Distribution clauses, Guardianship clauses (If you have kids), testamentary trust provisions for children, Credit shelter trust, Self Proving Affidavits, Notary Public forms, Debt forgiveness clauses, Funeral arrangement clauses, pet guardianship clauses, and common disaster clauses. These are available in ‘standard’, ‘gold’ and ‘vault’ packages according to additional optional features.

It is up to you to do a detailed study and choose the best means to help draft your precious will.

By Damian Sofsian
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.

The Living Will

2006-04-23T00:45:00.000-07:00

A living will is not about who inherits your stocks and bonds when you die and it doesn’t designate who gets the family home or your mother’s jewelry. What a living will does is establish your wishes about what happens to you should you become terminally ill or permanently incapacitated. A living will is a binding set of advanced medical directives that dictates whether you will be kept alive via life support devices, or whether and when to pull the plug on those devices. Having a living will in place means that you make your final decisions rather than depending on your relatives or the state to make them. It can save turmoil and confusion over what you might have wanted, and it can spare your children or other heirs from having to make judgments they would rather not have to make.

What happens when you cannot speak for yourself? If you have not explicitly left instructions in the form of a living will, you are entirely at the mercy of others. Any number of events – a car accident, a heart attack or a blood clot, for example – can render a person permanently unable to speak and act on their own behalf. You might be allowed to die when you wished to be resuscitated or you might be kept alive through artificial means when you wished to be allowed to die. In a worst case scenario, you could even become an unwilling pawn in moral and legal arguments between competing political entities.

The Terry Schiavo case in Florida, which played out over the past decade and resulted in Schiavo’s death, provides a sad and gruesome illustration of the need for a living will.
• Schiavo’s ex-husband asserted that she had indicated, at some point during their marriage, that she would not want to live in a permanent vegetative state.
• Her parents wanted to keep her alive and argued that her, and their, Catholic beliefs precluded removing life support.
• The case was in and out of court with suits and counter suits that went on for years while Schiavo unknowingly awaited her fate in a nursing home.
• Conservative activists weighed in on the right to life and liberal activists weighed in on the right to death.
• Everyone from the Governor of Florida to Pope John Paul II and the worldwide media argued about Terry Schiavo.
• Ultimately, the ex-husband won the day in court; Schiavo was disconnected from the feeding and hydration tubes, and she slowly starved to death while the world kept vigil.

Can you prevent something similar happening to you? While the Schiavo case is an extreme example, many families go through some version of the same agonizing process when someone they love is either devastatingly ill or injured. In truth, only you know what your last wishes really are – until and unless you put them in writing in the form of a living will. Here’s how it works:
• A living will only becomes effective if you are terminally ill or permanently incapacitated. Laws in most states direct that two doctors determine when a situation is hopeless.
• You have the right, under common law, to refuse any unwanted medical procedure, including insertion of a feeding/hydration tube. Conversely, you also have the right to receive the same lifesaving medical procedures.
• Even when doctors believe that there is no hope of recovery, they are bound by medical ethics to provide lifesaving procedures until a court order directs them otherwise.
• Both the medical community and the courts, however, must abide by your pre-determined wishes, if they are written down in the form of a living will.
• Families do not have to guess, second-guess one another, or spend the rest of their lives with doubts and regrets, if they know they are following your express wishes.

How do you go about making a living will?
Ideally, the best option is to consult an attorney and have a legally unchallengeable living will prepared. However, there are numerous Internet sites that provide forms and instructions for creating an adequate living will that will hold up in any state court. The pertinent question isn’t really whether or not you need a living will, but how soon you can put one in place.

About Ronald E. Hudkins;
Ronald Hudkins is a retired military enlisted member that was assigned as a staff researcher. He was responsible to compile, write or conduct; reports, studies, statistics, reviews, plans, inspections, lessons and numerous other tasks deemed essential to operational efforts. His actions allowed superior, peer and subordinate commands, their designated leaders and staffs make vital and logical decisions. The ability to identify, analyze and propose solutions is a trait still exercised. For additional asset protection and estate planning needs he suggests his web site: http://www.AssetProtectNow.com