What is Border Control?

Mistakes You Might Be Making That May Send Your Loved Ones To Probate Court

Posted by on 4:54 am in Uncategorized | Comments Off on Mistakes You Might Be Making That May Send Your Loved Ones To Probate Court

As you work on estate planning activities, you may start to become aware that your loved ones will have to go to probate court after you pass away. In order to avoid that, you need to make sure your final wishes are as clear as possible. Here are some mistakes you might be making right now that could send your family to probate court in the future. Not Setting Retirement Account to “Pay on Death” You may not realize that your family might need to head to probate court simply because your retirement account remains in your name. That could cause a dispute among family members about who is entitled to that account. An easy way to avoid probate is to set your retirement accounts to “pay on death.” That way, when you die, any money in a retirement account will go to your beneficiaries automatically. This can be a relief to your beneficiaries, as they don’t have to do anything or go to court to ensure they receive those funds.  Not Having Joint Ownership Agreements in Place Do you own a business with someone else? If you do, they might assume that your interests in the business go to them in the event of your death. However, you might have different plans and want your interests in the business to go to your eldest child. This kind of dispute could cause your family to go to probate court. Another problem could occur if you do want your part of the business to go to your business partner, but your family disagrees. To avoid these problems, it is a good idea to formally arrange joint ownership agreements. That way, after your death, your interests in the business will directly go to the person named in the agreement. You can enter into a joint ownership agreement with your business partner or other beneficiaries that you choose. You should also speak to everyone involved so that there is no confusion about what your wishes are. Joint ownership agreements can also be a smart choice when you own a piece of property and want to leave to a specific person. If they own it with you through this kind of agreement now, there will be no need to discuss the issue in probate court. Not Updating All Documents After you’ve completed all the necessary planning to put things in place for your family after you pass away, you might think your work is done. However, your family might still be required to go to probate court because you did not keep your documents updated. Births, marriages and other life events happen and you must ensure that your will, living trust and other documents are frequently updated to reflect your wishes at any given time.  Use the advice laid out above to assist you in planning your estate so that your family stays out of probate court after you pass away. To be more confident, seek out an expert in probate law like George M Cappello,...

read more

3 Tips To Stay Sane And Support Your Child During A Custody Battle

Posted by on 5:50 pm in Uncategorized | Comments Off on 3 Tips To Stay Sane And Support Your Child During A Custody Battle

If you are going through a divorce, chances are you’ve got a lot on your mind. Regardless of your reason for divorce, things can get much more stressful when it comes to battling for custody of your children. As your custody mediation approaches, it is important to keep your children’s best interests in mind and not let your actions be clouded by your resentment or negative feelings towards your spouse. Listed below are three tips that will help you stay sane and support your child during a custody battle.  1. Don’t Bad Mouth Your Spouse (In Front of Anyone) Bad mouthing: It makes sense why it happens. You’re hurt, you’re angry, you’re stressed. It’s easy to let your feelings get the better of you and let something slip about your spouse. No matter what you’re saying, if it’s about something they did or didn’t do or a characteristic you dislike, in the end it just reflects poorly on you. Children repeat things, and what you said is likely to get back to your spouse. Additionally, bad mouthing your spouse in front of the Guardian ad Litem can make you appear bitter, angry, or unstable, causing him or her to question your parenting skills. 2. Continue (or Start to) Co-Parent If you have children, it is important that you and your spouse stay consistent when it comes to parenting. It might be tempting to try to be the “fun parent”, especially if your time with your children is limited. However, inconsistency in discipline, schedules, etc., will only confuse your child and might contribute to behavior problems, which are already common during divorces. Co-parenting will help your children understand that, even though your and your spouse are divorcing, you both still love them and want your relationships to remain the same.  3. Come to Mediation Prepared Show up to your mediation prepared with a reasonable custody and time-sharing proposal and a calendar that shows important dates, and yours and your children’s schedules. Showing up without a clear idea of what you want, or letting your personal feelings towards your spouse overshadow what is fair and reasonable, will not reflect well on you and your parenting.  You might not get the exact custody agreement you want, but do your best to remain professional and flexible. The main goal in custody mediation is to make the decision that is best for your children. Getting a divorce certainly isn’t easy, but following the tips above will help you keep it together and help your children through this difficult time.  Contact a legal office like Novenstern Fabriani & Gaudio, LLP for more...

read more

What You Can Expect From Meeting With A Bankruptcy Attorney

Posted by on 10:04 am in Uncategorized | Comments Off on What You Can Expect From Meeting With A Bankruptcy Attorney

Dealing with financial problems is not uncommon. like many people, you may have hit hard times and need help getting free from all of their debts. Luckily, a bankruptcy attorney can be your greatest confidant and protector during troubling financial times. Here are some things you can expect from going through the bankruptcy process with an attorney. 1. First They Will Look At Avoiding Bankruptcy When you first go into an attorney, they will do everything that they can to see if you can avoid claiming bankruptcy. Although bankruptcy is a great option for many people, it is hard for your future and it is important that the creditors aren’t getting shafted in the process. This is why the attorney will first try to negotiate your debts. For example, with the help of an attorney, you might be able to talk to your creditors about getting on a new payment plan. Perhaps they will extend the terms so that you have more time to pay it off. In some cases the attorney can get the interest removed. If an interest rate is too high, like with a credit card, you may not be able to make any progress on your principle because you are only paying interest. An attorney might be able to help you with that. Another possible solution is that you can get the actual amount decreased. Say you owe a certain amount to a creditor. They know that if you declare bankruptcy there is a chance that they will get nothing. So instead, they agree to partial payment. Attorneys know what kind of things to do to try and protect your finances before going through the bankruptcy process. 2. An Attorney Will Help To Decide Which Bankruptcy Option Is Best For You There are a couple different types of bankruptcy. When many people think of bankruptcy they think of chapter 7. This is when the debts are forgiven completely and the person has a fresh start, although their credit will be non-existent, and they will have years with the bankruptcy on their record. However, there are other types such as court structured, chapter 13, and other chapters of bankruptcy that might absolve you from some debts, but not all. The attorney will help you know which option you should apply for with the judge and then go through the entire process with you. If you think that bankruptcy might be the best option for you, you should talk to an attorney about your options. For more information, contact a firm like Smith & Weer...

read more

2 Things You Should Know About Fraudulent Bail Bonds Agencies

Posted by on 12:47 pm in Uncategorized | Comments Off on 2 Things You Should Know About Fraudulent Bail Bonds Agencies

Regardless of what you get in trouble with the law for, if you land in prison, it can be a frustrating and scary situation to be in, especially if you know you do not have enough money in the bank to post bail. Unfortunately, this uncomfortable state-of-being may lead you to make hasty decisions and let your better judgement fall by the wayside. Even though legitimate bail bonds agencies can be your saving grace in these situations, a fraudulent person acting as a bail bonds agency representative could turn out to be your worst nightmare. There are a few things you should know about these fraudulent individuals before you accept bail bond from a company you have never heard of.   These Scam Artists are Known to Pose as Family Members  Getting the chance to speak to a loved one who can help you make decisions about a bail bond and make the process happen can be very comforting. Unfortunately, scam artists who are looking to take advantage of your vulnerable state know this fact and may even try to act as a family member over the phone. Because a personal contact is necessary when you make an arrangement with a bonding agent, you should make sure that whoever you talk to is actually the person you think. Once you have spoken with a family member who called you in prison, make a follow-up phone call just to double check and never give your personal information to someone who you suspect is not whom they say they are.  Legitimate Bonding agencies Are Well Known If you get a call from someone acting as a bonding agent, the name of their company should be one that you recognize. If you have never had any experience with a bail bonds agency, ask around, either ask prison officials, other inmates, or your attorney. If the company is legit, it is likely that someone will have heard of them on more than one occasion. If a person who calls is stating they are from a well-known bonds agency, have your lawyer make a phone call to make sure that the call you received is actually from the true company.     Legitimate bail bonds agents help people out of sticky situations all the time and they can easily help you out as well. Just make sure that you know exactly who you are dealing with over the phone before accepting an arrangement from anyone. Contact a local outlet, such as A Bail Now Bail Bonds, Inc., for further...

read more

9 Warning Signs That Mean You Need A Workers’ Compensation Lawyer

Posted by on 9:03 am in Uncategorized | Comments Off on 9 Warning Signs That Mean You Need A Workers’ Compensation Lawyer

When you are injured in the workplace, your employer likely has workers’ compensation insurance which will cover your medical expenses and a portion of your lost wages. In order to ensure that you get properly compensated by workers’ comp, you must must do your part by informing your supervisor about your injury right away and seeking medical attention immediately. Once these two tasks have been taken care of, however, you may become concerned about the manner in which your workers’ compensation case if being handled. You may be wondering if you should seek the help of an attorney to assist you in your claim. Read on for the 9 warning signs that it may be time to consult with a workers’ compensation lawyer. 1.  You have been denied medical benefits and you have resorted to using your own money and insurance benefits to cover your medical treatment as a result of the work-related accident. 2.  Your employer is being uncooperative with your requests for time off to have medical treatments or for recuperation, or your claim is being disputed. 3.  You feel certain that your injury is severe enough that you may never be able to work at your job, or any job, again. 4.  You are not receiving the full benefits that you are entitled to from workers’ compensation; for example, you are being told that you must return to work at least part-time in order to keep your job. 5.  Your injury was severe and resulted in surgery or a long hospital stay. 6.  Your have been advised by your doctor that full recovery from your injuries is unlikely. 7.  Your workers’ compensation claim has been denied by your employer’s insurance or your state’s workers’ compensation board. 8.  You feel overwhelmed with all the paperwork and the entire workers’ compensation process feels confusing and stressful. You feel that you need the assistance of a professional to get fair compensation. 9.  You are afflicted with a mental health condition brought about by your job or you have a repetitive stress injury. These types of injures are more difficult to prove since they are usually the result of cumulative events rather than a specific event. For example, carpel tunnel syndrome can be caused by doing small motor assembly-line work for an extended period of time. Time is not on your side when it comes to workplace injuries. There are strict time-lines associated with workers’ compensation claims, so contacting an attorney, like the ones represented at http://www.ieworkerscompattorney.com, as soon as possible can mean the difference between a fair settlement and nothing at all. If you feel that the workers’ compensation insurance company is not doing enough for you, contact professional legal help...

read more

Fireworks And Personal Injury | What Every Independence Day Celebrator Should Know

Posted by on 10:17 pm in Uncategorized | Comments Off on Fireworks And Personal Injury | What Every Independence Day Celebrator Should Know

Every fourth of July, people gather in flocks to spend their money on sparkling, whistling, and colorful fireworks that will show off their pride of being a US citizen. Cities across the country host annual fireworks displays for residents and surrounding county residents. If you celebrate Independence Day like most Americans, there is little doubt that you will be dealing with fireworks or in their presence at some point. Even though these amazing creations can be a lot of fun, and even amazing to watch, there are a few things that you should know about fireworks when it comes to personal injury.  If Someone Is Injured On Your Property By Fireworks, You Could Be Held Liable  Fireworks are frequently a staple at backyard barbecues during the holiday, as it can be a special way to end the night with friends and family members. However, if you plan on providing a fireworks show for the attendees at your backyard event, you better make sure all safety precautions are followed to the letter. If a misguided bottle rocket takes aim at an individual or someone gets burned due to a runaway spark, you could actually be sued by an individual. In fact, many insurance companies will frown on at-home fireworks shows with other people because of this. But, some homeowner’s insurance policies actually have additions that will cover firework accidents. However, if it illegal to set off fireworks in your state, this coverage could be void. If you plan to shoot fireworks at your home, keep a safe distance at all times.  If You Buy Fireworks That Are Faulty, You May Have a Personal Injury Claim  When you buy and use fireworks, you already know that you are playing with fire, so to speak. There is always a chance of injury of safety measures are not closely followed. However, if you have problems with fireworks that do not perform as they should and you end up injured because of it, you should definitely speak to a personal injury lawyer, like Daniels Long & Pinsel, about what can be done. For example, if you are traveling home with your just-purchased stash of fireworks and they explode in your car on the way home for no apparent reason, you may be entitled to compensation. This would be an obvious flaw in the manufacturing process that made the product dangerous for consumers.   Fireworks during a Fourth of July celebration are just a natural part of the traditional celebration. However, when things go wrong with fireworks, a happy event can get serious really quick. If you have questions, or you have been injured by fireworks, be sure to talk to a personal injury lawyer about what steps you should take...

read more

Who Pays The Settlement Money In A Car Accident Lawsuit?

Posted by on 7:11 am in Uncategorized | Comments Off on Who Pays The Settlement Money In A Car Accident Lawsuit?

If you were involved in a car accident and were left with injuries to your body and damages to your car, you have the right to go after the responsible party to collect money for these things. If you do this and win, you may be awarded a large settlement to compensate you for your damages. When this happens, you may wonder who will pay you the money you are entitled to, and the answer will depend on the situation. The Other Party’s Insurance Company In normal car accident cases, the person responsible for the accident will be responsible to pay the damages. This typically means that the responsible party’s car insurance company will pay, but that is assuming the person has insurance. As long as the person had auto insurance at the time of the accident, collecting the money you are owed should not be a problem. It may take negotiating with the insurance company or filing a lawsuit in court, but you should be able to collect the money without any problems. Your Insurance Company On the other hand, if the responsible party did not have insurance at the time of the accident, your auto insurance company might have to pay you for your damages. This is assuming you have insurance and that you have uninsured and underinsured motorist coverage. These are standard types of coverages found on most auto insurance policies, and they are designed to kick in when an accident happens with someone that does not have insurance. The Other Party The downside to collecting money from your own insurance company is that there might be limitations, but there is little you can do if the responsible party did not have insurance. You do have the right to go after the person for the money; however, if the person did not have insurance you may have a hard time getting money from him or her. Because of this, some personal injury attorneys may turn down car accident cases when the responsible party does not have insurance; it can just be too hard to collect the money that they owe. Personal injury attorneys usually receive their fees when their clients receive their settlements. If a client is awarded money but cannot collect it, the attorney would not get paid. If this is the problem you end up with, you could try to get the person’s wages garnished or try to seize assets they have, but there is no guarantee that these methods will work. If you are trying to decide what to do after your car accident, you may want to talk to a personal injury attorney (like those at the The Reed Noble Law Firm PLLC). From there, you can determine what the best route for you would be and hopefully you will be able to collect the money you...

read more

If Your Neighbor Is A Combat Veteran, Could Your Fourth Of July Fireworks Land You In Court?

Posted by on 9:19 am in Uncategorized | Comments Off on If Your Neighbor Is A Combat Veteran, Could Your Fourth Of July Fireworks Land You In Court?

If you let off some firecrackers or other fireworks this 4th of July, could you get sued for aggravating someone’s post-traumatic stress disorder (PTSD)? Maybe. Here’s what you should know. It’s An Independence Day Irony For Some Veterans Every Independence Day, backyard revelers celebrate the 4th of July with fireworks. In a cruel irony, some of our nation’s veterans – for whom the holiday holds special significance – dread the date every year. They’re among a growing cadre of combat veterans who suffer from post-traumatic stress disorder (PTSD), and the fireworks can bring back intense anxiety, panic, and stress. For some, the explosive popping noise of firecrackers can do it – mimicking the sound of gunfire in the dark. For others, the whine of bottle rockets before they explode mid-air might sound like real rocket fire about to rain down from overhead. Either way, veterans began posting notices in their yards over the last couple years asking others to be courteous with fireworks because of their condition. Is It Just Insensitive Or Actually Intentional? You don’t have to honor your neighbor’s request, naturally. Maybe you feel that if you let your neighbor know in advance about the backyard party you’re having and the fireworks that you’ve met him or her halfway. Your neighbor, however, may not feel the same way. Your neighbor might accuse you of intentional infliction of emotional distress (IIED), a type of personal injury that causes – or in this cases aggravates – serious emotional problems in the victim. In order to be successful, your neighbor would have to prove that: you knew that your conduct was going to cause him or her distress you did it on purpose anyhow your actions were outrageous or extreme in nature your actions were the cause of his or her distress Lawsuits like these are notoriously difficult to prove. Courts tend to be more receptive to them, however, if the victim can show that they suffered some sort of actual harm as a result, or if there was physical damage done. For example, if you lost track of your bottle rockets and they ended up landing on your neighbor’s house, catching his shingles on fire – your neighbor might end up having a good case against you. He could sue you for the damage to his property plus the IIED. Alternately, if your neighbor suffered a nervous breakdown over the fireworks and ended up in the hospital for a week, he might be able to convince a court of the severity of the issue. Is a lawsuit likely to succeed? Probably not. However, that doesn’t mean that your neighbor won’t drag you into court anyhow if the situation gets out of control. To protect yourself, go easy on the fireworks this year if you have a combat veteran in the neighborhood – or be prepared to contact an attorney for assistance with your defense. For more information, contact Whiting, Hagg, Hagg, Dorsey & Hagg or a similar...

read more

Defendants’ Rights To A Speedy Trial: How A Delay Could Work In Your Favor

Posted by on 3:42 am in Uncategorized | Comments Off on Defendants’ Rights To A Speedy Trial: How A Delay Could Work In Your Favor

If you have been charged with a crime, you have the right to a speedy trial under the Sixth Amendment in the Constitution. Some states also have their own statutes regarding defendants’ right to speedy trials. The Constitution does not set a specific amount of time to define speedy, but many state statutes and jurisdictions have specific time frames. For example, many jurisdictions allow the prosecution a time frame of 60–120 days to bring a defendant in custody to trial. Defendants are able to waive their right to a speedy trial, and certain court activities such as pretrial motions may not be counted in the time frame.  What happens if there is a delay in the start of a trial and the defendant has not waived their rights? It is possible for defense attorneys to file motions to dismiss. Keep in mind that motions are considered requests. Attorneys have to provide solid reasons for their motions, and even a strong argument could get rejected by a judge. If a motion to dismiss is denied, a defense attorney can file another motion for reconsideration, which the judge may also deny.  If the trial court denies a request for reconsideration, the motion to dismiss can be presented to a higher court for review. This may be done in the form of a petition to the higher court to dismiss the pending case in the lower court. A writ of prohibition can be filed with the higher court, which is a legal document outlining why the motion to dismiss should be granted. The document will list specific reasons the request should be honored.  The higher court may also deny the motion to dismiss. The option to continue appealing is possible. What factors are considered in determining whether adequate time has been given for a speedy trial if there is not a state defined time frame? When there is not a statute explicitly stating the time frame for a speedy trial, judges must rely on the Constitution and their own discretion. Judges consider what is causing the delays, length of the delays, whether prejudicial factors are involved, and the defendants’ assertions of their rights.  Doggett v. United States is a prime example of a trial delay that resulted in a higher court ruling in favor of the defendant and dismissing the charges. In this particular case, Doggett was indicted, but authorities did not make an arrest until 8½ years later. The request to dismiss was granted on a prejudicial basis by the Supreme Court, because the authorities neglected to inform him of the charges being brought against him for a lengthy amount of time. The arrest which was made years after the indictment had a presumptive negative impact on the defendant’s defense. Final Thoughts A criminal defense attorney is the best resource to use if you or a loved one has been accused of a crime. Keep in mind that the Sixth Amendment protects a number of other rights too. For example, the right to an attorney and right to an impartial jury are also covered under the act. Hiring a lawyer in your jurisdiction is the best way to know whether statutes with specific time frames exist and whether there is a possibility charges could get dismissed on the grounds of not having a speedy...

read more

Helpful Steps To Take When Trying To Become A US Citizen

Posted by on 3:01 pm in Uncategorized | 0 comments

One of the best places to live today is in the United States. If you are a foreigner and are trying to gain US citizenship, you can take these steps: Know the Requirements Before doing anything, it’s a good idea to know what the requirements are for becoming a US citizen. That way, you know what to expect in advance. In order to become a US citizen, you must be admitted into the US as a lawful permanent resident. There are some exceptions to this rule, however, such as serving in the US armed forces.  You have to maintain your residency for five years, and must be able to show proof of a physical residency. Speaking and writing the English language is also a requirement, which can be done effectively if you hire a personal tutor. The more you practice English in real-life scenarios, the faster you can pick up the language. Prepare for the Citizenship Test One of the most important things to prepare for is the United States citizenship test, which is comprised of three sections. These include the writing, reading and speaking sections. The speaking section will be administered by a USCIS officer. To prepare for this portion, it’s a good idea to practice with a local resident of the US. This helps you see how to sound out words properly and understand what the words mean.  The reading test focuses on your ability to comprehend English, and the topics center around history and civics. The writing test also focuses on these topics. There are practice tests you can complete online, either individually or with a partner. You might also consider creating flashcards of different English words, so that you can learn as quickly as possible.  Get Help From an Immigration Attorney Sometimes the whole process of filing for citizenship can be overbearing. That’s why it’s always good to get help from an immigration attorney, like those at Ahmad Law Office PLLC, as this professional can assist you through each stage. They will make sure you meet all of the requirements before, during and after filing for US citizenship. They also know what the citizenship test has on it, so they can help you have a more tangible idea of what to study for. All of the immigration laws will be explained to you, and your attorney can even help you get a job legally in the US. Becoming a US citizen is a great chance to better your life. The whole process of becoming a US citizen doesn’t have to be as difficult thanks to these...

read more