Estate Lawyer

When you think of creating a plan for your estate after your death, most people think of a will. However, as an estate lawyer from a firm like W.B. Moore Law can explain, many people do not realize that there is more involved in creating an estate plan than a simple will.

There are a few key things that a will cannot do. For these matters, you will need to make extra plans. Keep reading to learn two of the most crucial issues a will does not cover.

Wills Do Not Specify Burial Instructions

Funeral wishes are a common issue that many people do not understand. There are two problems with including burial and funeral plans in your will: First, the law does not consider a body as property. Because of this, it cannot legally be considered part of your estate. While it isn’t illegal to include your wishes in your will, no one must enforce them.

Another reason this is tricky is that probate lawyers do not usually examine wills until after a funeral occurs. If you only put your burial instructions in this document, your loved ones may not know what you want until after the funeral has already happened.

Instead, consider creating a “Final Arrangements” document to add to your will. This second document is separate from your will. It outlines all your wishes, such as burial or cremation, final resting place, and ceremony details. Make sure you sign, date, and label it.

Wills Do Not Include Certain Assets

The distribution of your assets is another area that can be confusing when estate planning. Many people assume that their will takes care of all their money, property, and belongings. Unfortunately, that may not be the case.

Some assets already include beneficiary information that overrules a will. For example, bank accounts in joint names with someone else will become the other person’s upon your death. Other investments and funds with a named beneficiary already built into their terms supersede what you write in your will. Retirement plans and life insurance policies are typical examples of this.

If most of your estate contains property and assets you share with others, you need to plan ahead. Review your named beneficiaries frequently. Be sure that any other arrangements are a good match for everything else in your estate plan.

Plan Ahead

A will is an excellent way to let people know what you want after your death. But it should not be your only plan. For extra considerations not covered in a will, consult an experienced attorney.

The #1 tax Debt Collection Strategy: Harassing Robocalls

Any person who has picked up their buzzing phone with a hello and heard only a fake voice on the line, has probably experienced a robocall. Now more than ever before, debt collectors are using robocalls as the number one way to get in touch with consumers who owe money. However, how a debt collection agency uses robocalls can violate the rights of consumers. Sadly, not many consumers are aware that these robocalls can break state and federal laws. Robocalls may become so irritating, that a person starts researching how to prevent such calls from coming through. A tax debt lawyer such as Chorches Bankruptcy Law can help you understand how robocalls break state and federal laws better. Contact your local tax debt lawyer New Haven, CT for further guidance.

Why may a debt collector use harassment as a way to contact a consumer?

A debt collection agency may use a variety of not-so-pleasant strategies for luring in consumers. An agency may use harassment as a way to pressure a person enough to make a payment, if for no other reason than out of pure annoyance. A debt collector may call a consumer several times per day, and leave voicemails that are both unprofessional and untrue. For example, a debt collector robocall may leave a voicemail message that threatens the consumer will be arrested if they do not make a payment as soon as possible. In reality, this is most likely just a scare tactic to get the person to pay up. 

In what other ways could I be harassed by a debt collector?

Aside from threatening phone calls, a debt collector may use the following methods to reach a consumer for overdue payments. While a debt collector may be able to contact a person regarding debts, there are rules and regulations that an agency must abide by. If you are impacted by any of the types of harassment listed below, you may want to reach out to a legal professional for advice: 

• Robocalls being sent repeatedly every day, multiple times per day
• Using language or a tone of voice that is aggressive, degrading or profane
• Sending robocalls during hours to intentionally disturb the consumer (early morning, around dinner time, and/or very late at night)
• Contacting the consumer’s place of work demanding payment
• Attempting to gather more information about the consumer through a third party
• Disregarding verbal and/or written statements revoking consent to be contacted
• Ignoring verbal and/or written requests to have the debts verified

What can I do to stop these robocalls from coming in?

A consumer may have tried contacting the debt collector to cease the robocalls, either through written form or over the phone. A debt collection agency may simply ignore this request, out of assumption that a consumer does not have the time or energy to take legal action. 

Is it possible to receive financial compensation for the major inconvenience?

Yes, if you decide to file a lawsuit against the debt collector for unlawful robocalls, you may be able to receive monetary compensation from the agency. How much a person is awarded, can depend on how much evidence is brought forward. A person may be paid for every time a debt collector sent a robocall illegally to the consumer’s cell phone. 

Victims of sexual harassment can often feel powerless, especially if it occurs in the workplace. Many victims have even been told that they should keep quiet about their harassment because there’s not much else they can do. However, a victim of sexual harassment can do a lot to end their problem, which would include both formal steps with lawsuits or informal steps at workplace. 

Step 1: Say Something

In some situations of sexual harassment in the workplace, the harasser may not be aware that what they are doing is offensive to you. If you have been the victim of the treatment, the first step you should take is to let the person offending you know that you believe their actions are offensive. In many instances, this will end the problem and the harassment will stop because they did not mean to hurt you or do not want any more tension in the workplace. If the harassment does not end once you have spoken to the offending party, you will need to take further action. 

Step 2: Follow Your Company’s Protocol

If the offensive behavior does not end once you have said something, you should look to see if your company has a protocol for dealing with sexual harassment in the workplace. If they do, you should ensure that you are following it exactly and pay attention to any time limits listed in the policy. If your company does not have any procedures on how to report sexual harassment, you should tell your immediate supervisor about the harassment. If you are being sexually harassed by your supervisor, you should go to your supervisor’s supervisor to report it. It is very important for your company’s management team to know that the harassment is taking place. It is also very important to keep records of when the harassment happens, any complaints you have made, and any incidents that are related to the sexual harassment. 

Step 3: Administrative Charge

If the harassment still does not stop after using your company’s procedures and you intend to further pursue the treatment, you will then have to file an administrative charge with the Equal Employment Opportunity Commission or your state’s civil rights agency. The agency will look into your claim and try to solve the issue by working with your company. If they are unable to solve your problem and they find that your claim is valid, they will issue a “right to sue” document which allows you to take the case to court. 

Step 4: Litigation

If you have been given a letter stating you are able to sue, you can file a civil case for any injuries you may have suffered because of the sexual harassment. There do not need to be any physical injuries. Most of the time the injuries sustained in these types of cases are emotional. If you win your civil lawsuit, you may receive:

• Up to three times the back pay if you lost money or missed a raise
• Lost fringe benefits
• Compensation for emotional distress
• Your company being required to have policies or training to stop harassment
• Reinstatement if you lost your job

If you or someone you know is being harassed at work, contact a lawyer, like a employment litigation lawyer Washington, DC from Eric Siegel Law, to set up a consultation today. 

Needing legal help but not having the money to pay for it is a legal dilemma that many people are faced with. It’s no secret that hiring an experienced attorney can require a significant financial commitment. Attorneys are highly skilled professionals who focus on upholding your rights and getting you the fair treatment you deserve. They are a valuable resource when you find yourself in legal trouble. The good news is that there are ways to obtain these services even if you are not in a position to pay steep fees.

 

Legal Aid

If you can’t afford to pay for an attorney, you’re not alone. Many people, both plaintiffs and defendants, don’t have the financial resources to pay a lawyer’s hourly rate and the other fees that come with civil lawsuits and criminal cases. To help individuals in your shoes, there are legal aid options available. These services usually operate through grants or private donations. The service will provide an attorney at a reduced rate or even free of charge to take your case. You will likely have to prove that you qualify for such financial assistance. Legal aid options exist in law firms and through legal clinics.

 

Talk to the State Bar Association

The bar association in your state could provide some helpful resources in finding affordable legal help. The organization can refer you to certain attorneys or firms who have reduced fees.

 

Look for Pro Bono Options

Many lawyers do a certain amount of pro bono work every year. This means the attorney will donate his or her time to help you with your case. For the attorney, it’s a good way to build a reputation and gain experience. For you, it’s an ideal opportunity to get competent help without having to put yourself in a bad financial position.

 

Court-Appointed Attorney

If you are a defendant, you have the legal right to an attorney. If you can’t afford to pay one, the court will provide a public defender for you. You will not have to pay this attorney for his or her services. Some people think a public defender is an inferior option. However, court-appointed attorneys have experience and skill in civil and criminal matters.

 

Do not let financial problems stand in your way of pursuing legal action or in defending your interests. There are ways to get the help you need. Some of these even come at no cost. Contact a  lawyer, like a personal injury lawyer from Darrell Castle & Associates, to see what kind of options they have available for payment in a case. 

Many small business owners take on a venture to fulfill a lifelong dream or to carry on the tradition of a family-owned business. While some small businesses enjoy success, others are not as fortunate. The realization that a small business is failing is often a difficult pill to swallow, which makes the decision to close up shop and even file for bankruptcy a particularly hard one to make. However, it is important to keep in mind that filing for bankruptcy can be a positive choice. It can reduce stress, address financial concerns, provide peace of mind, and even allow for a fresh start.

Bankruptcy Options

When filing for bankruptcy as a small business, there are three options available as to what type of bankruptcy to file. A business’s structure will determine which type of bankruptcy for which it is eligible.

• Chapter 7 – If the business is a corporation, LLC, partnership, or sole proprietorship, it is likely eligible to file for Chapter 7 protection. In a sole proprietorship, the owner will also have to file for bankruptcy protection.
• Chapter 13 – If the business is a sole proprietorship, it is eligible to file for Chapter 13 protection, and the owner will have to file for bankruptcy as well.
• Chapter 11 – Businesses that are a corporation, LLC, partnership, or sole proprietorship, can file for Chapter 11 bankruptcy protection. Again, in the case of a sole proprietorship, the owner will also have to file for protection.

Beyond that, the specific type the business will choose to file will depend on the particular circumstances of the case, including a main focus on the cause of the business’s debt and financial problems. An experienced bankruptcy attorney will be able to advise a small business owner on which type of bankruptcy protection will best meet their needs.

• Chapter 7 – This option would be ideal for debtors who cannot afford or do not think it would be financially wise to restructure their debts to continue their business. A trustee would be appointed, and assets would be sold to pay creditors to the extent possible.
• Chapter 13 – This would be an option to include a reorganizing and restructuring of the business’s and business owner’s debts, subject to certain debt limits.
• Chapter 11 – This option would be available to those business owners who wish to reorganize, but whose debt limits may exceed those eligible under Chapter 13 bankruptcy.

Seeking Knowledgeable Legal Bankruptcy Assistance

In light of the complexities that can arise in bankruptcy cases involving small businesses, it is advisable to consult with an experienced bankruptcy attorney about your options. A skilled lawyer can listen to the facts of your particular case and guide you by choosing the bankruptcy option that is most beneficial to you. Contact a lawyer today to schedule a free and confidential consultation with a bankruptcy attorney in Memphis.

 

 

 

Ford Motor Co. will have another chance to challenge its share of Delaware’s largest asbestos verdict since 2005, after the Delaware Supreme Court ruled that a lower court judge failed to properly consider whether a jury’s award of $40.6 million in compensatory damages was excessive.

A three-judge panel of the high court found that Superior Court Judge Ferris W. Wharton incorrectly looked to Ford’s $8 million liability instead of assessing the total damages award in deciding whether the payout to the wife of a deceased automotive repair shop owner was too high.

The ruling sent the case back to Superior Court Judge Wharton to decide whether the more than $40 million verdict was warranted.  If not, the high court said, it would be up to Wharton to either lower it or to grant a new trial on damages.

Ford was the only one of 18 defendants to be tried on claims that it had failed to warn about the danger of asbestos in its products.  Larry Knecht, who filed the lawsuit in 2014, died of mesothelioma before the case went to trial in May 2018. According to his widow, Paula Knecht, he was exposed to asbestos dust for decades while working in his Los Alamos, New Mexico automotive shop.

During the course of his work, Knecht was exposed to asbestos in various products from many different manufacturers, and the company argued that the plaintiff could not point to specific Ford-made parts that had caused his illness.

But following a 16-day trial, the jury found Ford responsible for 20% of the overall compensatory damages awarded to Knecht and tacked on an additional $1 million in punitive damages, bringing its total liability to about $9.1 million.

Ford, which said it was the largest asbestos verdict from the Superior Court in nearly two decades, filed a pair of post-trial motions, asking Wharton to approve a new trial limited to damages.  The judge, however, denied both motions and upheld Ford’s share of the damages.

On appeal, Ford said that the payout was “off the charts,” compared to similar results in comparable cases, and argued that the sheer size indicated that the jury may have been swayed by sympathy for Knecht and his widow.

“The amount is large enough to indicate it was based on bias, passion, or prejudice, not a measured consideration of the evidence.  The compensatory award should be set aside, and a new trial on damages should be ordered or the amount should be remitted,” Ford’s lawyers said.

In a seven-page opinion, Supreme Court Justice James T. Vaughn Jr. agreed with Ford that a defendant’s share of the ultimate fault was not relevant to the question of whether the compensatory damages were reasonable.

“The Superior Court should have decided whether the jury’s compensatory damages verdict of $40,625,000 was excessive.  Its decision to focus on Ford’s reduced share of damages of $8,125,000 was error,” Vaughn said.

The Superior Court’s decision on remand is likely to determine how much Knecht will receive for the loss of her husband.  Ford did not challenge punitive damages in the case, and is set to pay at least $1 million, pending further action by the court.

Thanks to our friends from Murphy & Landon Injury Attorneys for their insight into personal injury law.

A severe injury is not always obvious right away. For example, there are many kinds of back injuries which many people leave alone without having a doctor look at them, only to find later that they have caused permanent damage due to a lack of medical treatment. Subtle symptoms in sensitive parts of your body, such as your head, are important to keep an eye on and have checked by a professional to be absolutely sure you are healthy, especially after an accident.

When to See a Doctor

You may not be sure if your symptoms after an accident are severe enough to visit an emergency room or urgent care facility, or even just warrant a visit to your doctor. If you have any doubt, it’s always better to be checked out, especially when you suspect that you hit your head in an accident and might have suffered a traumatic brain injury.

While many accidents can leave you with a headache or feeling dizzy for a few hours or a day without any complications, there is a chance that a head injury is much worse than you initially thought. A concussion has the potential to cause bleeding and clotting in the brain which can be life-threatening if left untreated. If you are worried about your symptoms, or you think they are getting worse, it is recommended that you seek care immediately. Potential symptoms to look for include:

• Fainting
• Loss of memory
• Vomiting
• Seizure
• Headache, especially if it worsens over time
• Unusual behavior

When helping someone else determine if their injuries are severe or not, you can use the Glasgow Coma Scale. This test measures verbal and motor response, as well as eye opening speed and ability. The higher the score, the less severe the injury is likely to be. This can give you some peace of mind that waiting for an appointment with a primary physician is reasonable, rather than rushing to the emergency room.

After Seeing Your Doctor

After you have obtained medical help to stabilize your health, depending on what type of accident you were involved in, you might consider seeking the help of a lawyer, like a brain injury lawyer in Memphis, TN. Whether it was a car accident that was caused by another driver, or a workplace accident, incurring a TBI is not something to be taken lightly — particularly if your doctor expects the injury to require extensive recovery time or to develop into permanent disability. Understand your rights to fair compensation from the other party’s insurance, and if this does not seem possible, filing a lawsuit may be a possibility.

When dealing with a collector or having a debt that may soon be collected, it’s important to know the extent to which debt collection agencies can work within the law. By understanding some of these intricacies, you can protect yourself from malpractice and / or potentially negotiate a better settlement.

The Fair Debt Collection Practices Act is a federal law limiting the actions of third-party debt collectors attempting to collect debts for another entity. In terms of a larger overview, the law limits the ways in which collectors can contact debtors along with restrictions on things like the time of day communication can be made. If this law is violated, a suit may be brought within a years time with the help of a personal injury lawyer against the debt collector in a state or federal court. One distinction to consider, however, is that the FDCPA only applies to third-party collection agencies meaning that these rules don’t apply to more conventional debt-related transactions such as owing money to a local appliance store.

In terms of specifying some of the more direct implications of these rules, there are a few illegal debt collection practices to consider:

• Third-party communications

– Generally, a collection agency can’t contact third parties about your debt (outside of a few circumstantial instances such as finding information about your whereabouts). Collectors, however, are allowed to contact either your lawyer (if representing you), the original creditor or a credit reporting agency for information-related purposes.

• Communication with (you)

– The initial communication must indicate that he / she is attempting to collect a debt. He / she must also communicate that any information gathered from you will be used for that purpose. Regarding contact times, a collector can’t contact you at odd or inconvenient times (depending on your own schedule), at work (if determined by your employer), or directly (if he / she knows that you have an attorney).

• False and / or misleading information (or representation of information)

– Collection agencies can’t lie. This includes but is not limited to: claims of being law enforcement, false crime claims, having a fake business name or claiming a communication is from an attorney.

• Harassment or abusing language

– In general, a debt collection agency can’t harass, bother or abuse debtors. This includes threats of violence, use of profane language, repeated calls, etc. The implication here is that you shouldn’t have to put up with a collectors harassment. Simply hang up or ignore the call, letting the phone “hang” In more difficult circumstances, it may be best to pursue legal action.

Thanks to Brandy Austin Law Firm, PLLC for their insight into personal injury claims and identifying malpractice of debt collectors.

Fault and No-fault divorce Lawyer

Although the concept of fault and no-fault divorce can become difficult to understand due to state specifications, there are certain universal rules and guidelines to follow when taking the larger picture into consideration. First, no-fault divorce is defined as a type of divorce in which the spouse filing for divorce doesn’t necessarily have to prove fault on the part of their significant other. Due to it’s legal nature, a spouse cannot object to a no-fault divorce petition as the ground for objection would constitute a legally “irreconcilable difference”. This is one of the most common justifications for a no-fault divorce. No-fault divorces are recognized in every state, but some states do require that spouses live separate for some time before full divorce. For example: prior to 2016 the state of Illinois had required couples to live apart for a minimum of six months (the standard requirement was initially two years) before becoming divorced as a result of irreconcilable differences. 

In terms of historical context, in the 1950’s, states began progressively moving away from traditional barriers of binding relationships, making no-fault the standing procedure among divorce. This has led to a greater sense of personal freedom for individuals stuck in unsatisfying relationships at the expense of a rapidly increasing divorce rate (in the time period between 1950 and 1980). The changing societal expectations at the time came as a result of a variety of social factors too such as women becoming a stronger presence in the workforce. Divorce had become a more socially accepted aspect of life to match the changing legal environment. In the 1980’s, the divorce rate peaked at over fifty percent. From that point, the rate has slowly declined as couples have begun to further grasp the level of commitment that marriage entails. People nowadays are marrying later in life when their lives have further stabilized.

Fault divorces, on the other hand, are not as common in the states. Most states nowadays no longer recognize them. In the states that do, the most common grounds for which a fault divorce is granted are:

• Adultery
• Cruelly (emotional or physical; most frequent)
• Abandonment for a length of time
• Prison confinement

When both spouses can convincingly show the other is at fault, the court then decides who is least at fault under a doctrine called “comparative rectitude”. Of course, there is also a variety of ways in which a spouse can challenge a fault divorce. This includes evidence of provocation, recrimination, etc. However, because courts often have an interest in not keeping people married, they are typically lenient to those who ask. This common precedent as well as the costly barriers of legal defense often deter people from attempting defense. Nevertheless, for some, there are still some appealing aspects of fault divorce to consider such as its potential to lead to a larger distribution of marital property for the spouse not at fault. With all this in mind, careful consideration with a divorce lawyer in Arlington, TX is key in determining the right course of action to take when pursuing divorce.

Thanks to Brandy Austin Law Firm for their insight into family law and fault and no-fault divorces. 

Nursing Home Lawyer

When your loved one tells you they have been abused or neglected while under the care of a nursing home, you might feel angry, shocked, and confused. This is not something to ignore, but it is also important to understand that these types of allegations are serious and could involve state departments, federal investigations, and complex rules and legislation. The first thing you should consider is talking with a nursing home lawyer.

Abuse in U.S. Nursing Homes

Nursing homes are supposed to provide a blanket of protection for their residents. Sadly, it is estimated that up to one third of these facilities fail to offer their advertised care resulting in neglected elders that truly need assistance in their everyday life. As the baby boom generation continues to enter these places, the likelihood of neglect in nursing homes is suspected to increase. This is particularly because approximately 80-85% of nursing homes are for profit businesses. Every year they must show a profit, and this typically is done through budget cuts, the hiring of inexperienced staff, and poorly kept premises. All of these things can become a catastrophic combination and may include the abuse or neglect of an elder.

Experienced, Honest, and Aggressive Legal Representation

A nursing home lawyer can help families go through the legal process involved with abuse or neglect. It is important you know that you are not alone, and furthermore, that you have options beyond accepting a fast settlement from the very facility who has harmed your elderly loved one. By choosing to hire a nursing home lawyer, you can feel peace of mind in knowing that they:

• • Will carefully review your case to ensure we understand all angles

• • Have ample resources to gather evidence that solidifies your case

• • Do not get intimidated by nursing home companies or their legal teams

• • Only settle for maximum compensation

• • Will go to trial, if we cannot reach a settlement

• • Understand the complex laws and rules

• • Know how to navigate the intricate details without causing you too much stress

• Work on a contingency fee basis

Common Signs of Nursing Home Abuse

Abuse is not always physical; rather, an elder can be emotionally, mentally, and financially neglected. Often the later can take place for years before it is discovered. If you’re unsure about how your elder loved one has been abused, but are sure that it is going on, you should explain your situation to a nursing home lawyer. Signs that may help you to identify abuse include:

Physical Sides of Abuse

• • Bed sores

• • Broken bones

• • Bruises

• • Burns

• • Weight loss

• Signs of restraint

Sexual Signs of Abuse

• • Genital bruising or bleeding

• Development of STDs

Mental and Emotional Abuse

• • Verbal assaults or threats

• • Intimidation

• • Humiliation

• • Frequent crying

• Emotionally withdrawn

Signs of Neglect

• • Poor hygiene

• • Missed medication doses

• Unsafe environment

Financial Abuse Signs

• • Unexpected purchases

• • Missing money

• • Strange changes in a will or trust

• • Missing checks

• Forged signatures

Additional signs of abuse or neglect may include:

• • Falsifying medical records

• • Duplicate billing

• • Undertrained staff

• • Lack of staff

• • Over or under medicated

• Lying to family members

Do You Believe Abuse is Happening to Your Elder Loved One?

If you believe a nursing home is abusing your elderly loved one, time is of the essence. You should contact a nursing home abuse lawyer Trenton, NJ residents turn to as soon as possible.

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Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into nursing home law and abuse.