Monday, June 25, 2007

Prenup Lawyer New York Secures Your Future During An Adversity

A marriage should ideally be a life long commitment between your spouse and you and should be able to bear the tests of time. However at times, no matter how good our intentions have been, life has other plans for us. A divorce is one such unfortunate event that could bring about major changes in your life. It is therefore always advisable to be prepared for the worst times that you may have to face in life. A prenup agreement before you finally tie the knot is your guard against such unforeseen circumstances. And a prenup lawyer in New York or the state where you are residing would be your best advisor in this situation.

A prenup lawyer New York helps you draw up a prenuptial agreement which is a notarized document in which the couple decides the outlines on the basis of which they would divide the financial aspects of their marriage. It helps to draw a clear demarcation about the financial rights of the couple thereby helping them avoid unpleasant arguments about finance in case the marriage ends in divorce. Hiring a prenup lawyer New York to draw up your prenuptial document will also ensure that your children, if any, will not be deprived from what is rightfully theirs to inherit. When there are children from an earlier marriage the legalities or legal loopholes can make it quite possible that they may not get their due in the event of death of a spouse. Prenup agreements eliminate this possibility.

It is not right to think that only couples who are not entirely sure about their intentions should hire a prenup lawyer in New York to sign an agreement before marriage. In a prenup agreement the intentions of a partner are not under scrutiny but it makes financial sense to have such an agreement drawn to avoid any future embitterment. A prenup lawyer will ensure that you do not lose out financially in case the marriage does not work out and this is a big advantage in case you run a business of your own or have separate financial assets. It also helps to have such a prenup agreement in marriages where a partner turns out to be a fraudulent character. A prenup lawyer in New York will ensure that you do not end up with a bitter taste in your mouth for having made the decision to marry the wrong kind of person.

We all make mistakes in life. However some mistakes can make us pay a heavy price. Hiring the services of a prenup lawyer in New York can prevent you from making such a mistake where your marriage is concerned. The increasing divorce rates across the world should be sufficient proof for supporting the decision to hire a prenup lawyer. The increased stress levels and lack of patience can create disagreements between the couple. However, rather than washing your dirty linen in public, and dragging each other to court for an extensive and ugly battle of rights, settling for a prenup lawyer in New York to create a prenuptial document would be the civilized way to deal with your differences. When parting ways it is always better to end on a good note than an ugly fight that leaves you feeling embittered for the rest of your life.

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Thursday, June 21, 2007

Inside Probate - What You Need To Know

Whether you are planning for the future or settling an estate now, you need to know about probate. Probate is the process of settling your financial affairs after death. It is also the name of the legal document issued that permits people to settle these affairs. Most people think of probate as a hassle which will cost them more than they can afford, but the truth is that getting probate can be simple and straightforward.

The Probate Document

The probate document is called a grant of representation and it is issued by the Probate Registry. There are three types of grant of representation. The one that applies to your estate depends on whether you have made a Will and how that Will was made. If you have made a valid Will and named an executor, then the Probate Registry will grant probate to one of your executors. If you have made a Will, but not named executors, then the Probate Registry issues letters of administration. Letters of administration are also issued where the Will is invalid or there is no Will. The purpose of the grant is to allow the executor (or person named in letters of administration) to collect money on behalf of your estate.

Who Gets The Grant?

There are rules governing who is entitled to a grant of probate in different circumstances. If there is a valid Will, the executors are the first people entitled to a grant of probate. If there are no executors or they do not wish to act, then the person who gets the bulk of the estate is entitled to the grant. If there is no valid will, then the next of kin (provided they are over 18) may apply for the grant, in this order: spouse, children, parents, siblings or more distant relatives.

Assessing The Estate

Before applying for the grant, the executor needs to assess your estate. They will include any property you own, your share in any jointly owned property, the value of life insurance policies, retirement plans, trusts, annuities and a wide range of household items. All of these together are known as your probate estate. There is also an application form to be completed and the person who holds the grant must attend an interview. All taxes on the estate must be paid before a grant can be issued. Once this is done, the responsibility for settling the rest of the estate passes to the executor or grant holder.

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Tuesday, June 12, 2007

Mesothelioma Lawyers or Attorney and Mesothelioma Research

Mesothelioma is a form of cancer contracted by the inhalation or ingestion of asbestos fibers. The fibers in asbestos cause tumors in the lung and/or abdominal lining which, like any other form of cancer, is ultimately fatal unless treated properly. The common causes of death are internal bleeding or hemorrhage from the tumors, or cardiac arrest from the buildup of bodily fluids secreted by the body's immune system in an attempt to combat the tumors.

A majority of those people who contract mesothelioma are in their middle to late years in life, since the symptoms manifest only after 20 to 50 years after exposure. For this reason, the number of cases of diagnosed mesothelioma patients has been steadily growing, due to the fact that asbestos was mainly in use for most industrial work during the 1970s and 1980s.

To help the afflicted victims of asbestos induced cancer, certain law firms and lawyers have begun to specialize in cases of mesothelioma. More often than not, companies in the past were aware of the adverse effects of asbestos fibers on the human body, yet failed to take proper precaution with their workers.

In cases like these, the injured patients are assisted by the lawyers or firms in finding out exactly (or approximately) when and from which source they contracted mesothelioma. A properly presented and defended case can bring in millions of dollars by way of compensation for the injured parties.

Aside from work related cases, there have also been cases where careless demolition of houses and buildings which had asbestos in the foundations and walls (in an attempt at fireproofing) were also revealed to introduce large quantities of airborne asbestos fibers which causes nearby residents mesothelioma. Again, these cases can be traced by these law firms and won in a court of law with proper presentation.

Then there are also law firms which specialize in malpractise suits against doctors which used "alternative" (meaning unproven) methods of treatment for mesothelioma. The common accepted method of treating mesothelioma is to use heat/laser surgery and chemotherapy in tandem to burn out the tumors without damaging the healthy body cells. The alternative methods include medicines to boost the body's immune and regenerative systems as well as alternative diets and exercise.

Classic tumor removal surgery for cancer is actually ineffective against mesothelioma, and has led to patents dying after an apparently successful operation. The maximum life span after an operation is set at around 5 years. Again, conducting regular surgery to treat mesothelioma can also lead to a malpractise suit.

Another type of law suit that mesothelioma law firms and lawyers can pursue is negligence. While not as severe as a malpractise suit, it can still be damaging to a doctor's career and can bring in a fairly decent amount in compensation if the case is won.

The reason for this type of case is that mesothelioma symptoms are actually quite similar in nature to any number of relatively harmless disorders, including common old age maladies, asthma, and indigestion. When these regular treatments fail, a good doctor should recommend an x ray, and these will reveal the presence of tumors in the lungs or stomach. Some doctors, however, will simply write off the current treatments as ineffective and prescribe another set of medicines instead of choosing an x ray, and this leads to the true problem being undiagnosed.

These are some of the major common cases handled by mesothelioma lawyers and law firms, and their credo is to help their clients find justice against the parties which have wronged them. While they cannot directly do anything to cure the mesothelioma, they can at least see to it that justice is served and compensation for the injury is recovered, and the money gained from the law suits can go a long way towards helping their clients get proper treatment.

Lastly, it is advised by mesothelioma lawyers that as soon as a person is diagnosed with it they contact a lawyer as soon as possible, since there is a short statute of limitations for filing a case of mesothelioma. The lawyers can then proceed to do their initial research to determine if the injured party has a solid case and enough evidence to make a successful claim in a court of law. If the answer is yes, then a case can be filed and everything proceeds from there.

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Monday, June 11, 2007

Tips To Avoid Fee Disputes With Your Lawyer

Now-a-days, fee disputes are very common between lawyers and clients. Money has always become a bone of contention and when both the parties refuse to budge an inch, things, no doubt, get nasty.

When you hire a lawyer, make sure that you ask for the "fee" terms and conditions to be written down in the contract. In order to avoid any malpractice, it is very important for you to know how lawyers compute their fees! Request for an itemized billing on a weekly or a monthly basis.

To be on a safer side, keep a record of the advances given to lawyer, meetings held along with duration, phone calls made, court appearances etc.

Whenever some discrepancies come to your attention while checking all the bills submitted by the lawyer, do not hesitate to get your doubts cleared.

In spite of all this, if some fee dispute still arises between you and your lawyer, settle it immediately with the help of the following tips:

• Discuss billing in a meeting with the lawyer. Make sure that the amounts that need clarification or verification are highlighted.

• You can take the help of the Legal Fee Arbitration Boards that have been set up in several states. The board is meant to save the time of small claims, district, and superior courts.

• Do not forget to consider the mediation services set up by Bar Associations. These programs will provide you with mediators who will hear both sides of the dispute and then, they try to solve the problem amicably.

• You can also hire another lawyer or lawyer's office to check the accuracy of the bill.

• In case of injustice, you have the right to file a suit against the lawyer.

• You can also file a complaint against the lawyer with the Bar Association.

In short, if you want to be fair to the lawyer and yourself, make sure you determine what is considered to be reasonable.

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Thursday, June 7, 2007

Bankruptcy Is A Very Harsh Word To Say

Bankruptcy can be defined as the legal process thorough which individuals or businesses who can find themselves with more debts than they can pay as they become due are able to wipe out their debts and pay them out under the protection of the bankruptcy court.
Overspending is a main reason for many debtors suddenly putting themselves in financial trouble.
But filing for bankruptcy cannot be the answer to all your financial difficuties. In fact, bankruptcy cannot discharge all your debts.

The two kinds of bankruptcy proceeding that you can file for are Chapter 7 and Chapter 13.
Chapter 7 called liquidation is the most common type of bankruptcy proceeding that involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors.
The basic concept in a chapter 7 bankruptcy is to wipe out your debts in exchange for your giving up property, excluding exempt property which the bankruptcy law allows you to keep.
If you want to keep property such as a home or a car and are behind on the payments on a mortgage or car loan, a chapter 7 filing probably won't be the smart choice for you. The reason is mortgage holders or car loan creditors can take your property to cover your debt.

Chapter 13 called reorganization allows you repay your debts over three to five years.
In order to file for Chapter 13, you must have a reliable source of income that you can use to pay off creditors, and propose a repayment plan that explains how you are going to pay back your debts over the next three to five years.
Also, under chapter 13 you can have an option to catch up delayed payments to avoid repossession or foreclosure if you have secured loans.

A good experienced bankruptcy lawyer can lead a debtor through the complicated legal, financial, and emotional chaos of bankruptcy proceeding.
Confronting the emotional and psychological issues encompassing bankruptcy and acceptance of the situation are also crucial to rebuilding and keeping a successful financial life.

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Wednesday, May 9, 2007

Orlando Drunk Driving Lawyers and Orlando DUI Attorneys

Driving under the influence in Florida is an extremely serious crime. Unless people take their situation seriously and take immediate reaction they can make mistakes that can have life-long repercussions. Being arrested for a DUI in Florida is an extremely trying experience; being pulled over, questioned, handcuffed, arrested, booked, and incarcerated can shatter the mentality of even the strongest personalities.

The Florida DUI laws are designed to be extremely complicated. This is to discourage people from attempting to fight the system on their own, and if they chose to they could face huge court fees that can wipe out a bank account in no time at all. Furthermore, taking on the criminal court system in Florida is a daunting challenge to someone without a background in litigation, and simple errors can result in fines, sanctions, or even jail time.

DUI laws are particularly though. The state of Florida takes a very hard line against those that drive drunk. A person can be charged with a DUI (Driving Under the Influence) if they exhibit at least .08% alcohol per 100 milliliters in their blood or .08% alcohol per 210 liters of breath. The inconsistencies and unreliability of these machines aside, people often help convict themselves of drunk driving merely by taking these tests. You cannot be forced to take roadside sobriety tests in Tallahassee, but the penalties for refusing to take them are quite stiff should a person be convicted of a DUI.

The penalties for drunk driving in Orlando are quite stiff. A first offense DUI is punished by a $250-500 fine and potentially six months in jail, a second offense drunk driving conviction $500-1000 with possibly nine months in jail and an ignition interlock device placed in the defendant's car for a year. A third DUI conviction in Orlando in 10 years is a third-degree felony. This crime is penalized by a prison term of up to one year and an ignition interlock device for at least two years, at the defendants' expense.

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Monday, May 7, 2007

Henderson for Judge: A Testimonial

Charles and I met as adversaries in my first personal injury suit, where I represented the plaintiff. This was not long after I cut my teeth as an attorney, mostly representing indigent misdemeanor clients for Squires & Lopez in Portland.

"It's your deposition, you go first," I recall Charles saying when I stumbled a bit with the procedure.

Charles would be an excellent judge. In all our encounters in that case, he consistently demonstrated a confident command of the law and a tireless commitment to fairness and integrity. Oregon needs judges with Charles' qualities on the bench.