Posted on January 05,2017 in Personal Injury

Next to car accidents, the most common type of injury mishap is a slip and fall. Whether you are the victim, or just a home or business owner concerned about potential liability, it is important to know when a property owner can be liable. Here are some legal rules as well as steps to take in the event you are hurt in a slip and fall accident.

Many people think that just because they are hurt in a slip and fall accident, the property owner is automatically liable. This is not always true. To be liable, a property owner must have known (or should have known) about the dangerous condition and failed to take steps to prevent injuries.

Suppose you slip on a wet spot in a market. Whether you can recover damages depends on how long the floor was wet and what employees knew and did. If the floor was wet for a while and employees knew about it but did nothing, you'll likely recover damages. But if the floor became wet just before you slipped, recovering damages may be harder.

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 Posted on January 05,2017 in Divorce

After a divorce, because of a change in circumstances, or for other reasons, the parties may want to change the amount of child support. Both parents may agree to the change. However, a judge usually must approve the change for it to be legally enforceable.

If the parties cannot agree on a change, either of them can ask a court to order it. Courts usually revise child support amounts only if there has been a significant change in circumstances. This helps prevent them from being burdened with frequent change requests. Several situations can support a request to change the amount of child support, including:

• the party paying support is out of work or now earns less money;
• the party receiving support now earns a lot more money;
• the child's needs change. This could be due to a school expense, medical emergency or other reason.

Generally, just because the paying parent now earns more money is not enough to justify raising the amount of child support.

People who want to modify child support should get legal help to do so. Seek the change request promptly, as judges usually will not make the new amount of child support retroactive.

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 Posted on January 05,2017 in Estate Planning

Proper estate planning has great benefits for you and your family. It gives you security that your property will be divided how you want, and it can save taxes during your life. For your heirs, proper estate planning means they will receive property with few hassles and minimal expense.

Estate planning is more than just wills and trusts. It includes such other matters as right type of life insurance, how to hold title to your property and whether to make gifts during your life or by a will at death.

Estate planning is one kind of preventive law where the financial and other benefits can far outweigh the cost.

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 Posted on January 05,2017 in Estate Planning

If you became so seriously ill that you could not tell others your wishes, who would make your medical decisions? Would your family members know your desires about using life-support equipment if it was necessary to keep you alive? Fortunately, there are documents you can prepare now to help plan your medical care in the event you ever have a serious illness and are not able to communicate your wishes. These documents are a "living will" and a "durable power of attorney for health care." Here is a brief summary of each.

• Living wills. A living will is a legal document that states your desires about using life-support equipment if you are terminally ill and cannot communicate. With a living will, you can authorize the withholding of life-support equipment so you can have a "natural" death. You can also use a living will to specify that you want all types of treatment used to sustain you.
• Durable power of attorney for health care. The other main document that helps you receive the medical care you want if you ever become incapacitated is a "durable power of attorney for health care." This lets you appoint someone else (such as your spouse or child) to make medical decisions for you if you are not able to make these decisions yourself.

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 Posted on January 05,2017 in Personal Injury

Many people are concerned about what would happen if they ever became incapacitated and could not handle their own affairs. Who would make their medical decisions? Who would deposit checks, pay their bills and handle other business matters? Fortunately, there are documents you can prepare now to protect you in case you ever become incapacitated and cannot manage your own affairs. Here is a summary of the main ones.

• Durable power of attorney. This is a document in which you name someone (called an "agent" or attorney in fact") to handle your business affairs if you cannot handle them yourself. The person does not have to be an attorney, but because he or she has control over your financial affairs, should be someone you fully trust.
  
  With a durable power of attorney, you can name someone to handle your business affairs immediately, or when a specific event occurs, such as your incapacity (this is sometimes called a "springing power of attorney").

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 Posted on January 05,2017 in Personal Injury

A surprisingly large number of people have valid, and valuable, legal claims - which they do not pursue. Why? Many people fear that making a claim means going to court. Others do not know their claim is valid. Still others drop their claim to avoid upsetting the other party.

Ignoring a valid claim can mean losing valuable damages you are entitled to. Most legal disputes - over 90% - are settled out-of-court. Many claims are paid not by the wrongdoer, but by an insurer. So making a claim usually does not mean there will be a trial or that the other party must pay.

If you have a possible claim, seek legal assistance. Along with easing the process of recovering damages, legal assistance helps result in receiving full compensation for your injuries.

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 Posted on January 05,2017 in Personal Injury

If you've been in a car or other kind of accident and intend to make a claim, there are several reasons why you need to consult an attorney promptly.

One reason is there are time limits ("statutes of limitations") for making claims. If you wait too long and the statute of limitations passes, you will be prevented from bringing your claim.

Courts strictly follow statutes of limitations. Recently, a woman hurt in a car accident made a claim one day after the statute of limitations passed. Even though this was a minor violation (just one day), a court dismissed her claim and she could not recover any money for her injuries.

Another reason why you should seek legal help immediately is that delay can hurt your case. As time passes, it becomes harder to gather evidence and to find and interview witnesses, who may move or forget the details of your accident.

Since waiting can cause your claim to be dismissed or hurt your chances of getting the best recovery, seek legal help as soon after an accident as possible.

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 Posted on January 05,2017 in Personal Injury

After an accident, if you have no pain, does this mean you were not hurt and therefore should not make a claim? Not at all. Delayed onset of pain is common after accidents. Some kinds of pain can take weeks or even months to set in. For example, a back injury caused by a car accident could develop for weeks before hurting. Some joint injuries can gradually change body movements over time, and therefore take a while before causing pain.

A key issue in many personal injury claims is proving the accident caused an injury. Proof can be harder when there is no pain or when it takes a long time to develop. But lack of pain right after an accident does not necessarily mean there was no injury. Therefore, if you get in an accident, take steps to protect your rights, even if you don't feel pain right away. Here are some of the key things to do:

• Be careful what you say about your injuries. Things you say at the accident scene and elsewhere can be used against you later. So try to avoid saying things like "I wasn't hurt," until all the facts about your injuries are known.

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 Posted on January 05,2017 in Real Estate

In economic times with an active real estate market, many people change homes or buy a first home. Many buyers give little thought to how to take title to the home. But this decision is vital, as it affects who can sign documents regarding the property and how the property can be transferred in case of death. Here are some common ways to hold title to a home.

• Sole ownership. This is how an individual holds title to property. This ownership form does not apply to property bought by married couples. However, if a married couple wants to put title in the name of one spouse, the deed could say the spouse is "sole owner."
• Community property. For husbands and wives in "community property" states, this is one of the main ways the couple can hold property. Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In these states, if a married couple acquires property and the deed says they are husband and wife, or is not clear about how they intend to hold title, the law presumes it's held as community property. Each spouse owns an equal interest in community property and each may manage it. Both spouses need to sign an agreement for a transfer to be recognized.

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 Posted on January 05,2017 in Estate Planning

Many people who hear the word "probate" conjure up images of the long and complicated process that takes place when someone dies. Although traditional probate procedures have tended to be lengthy and complex, many states now have simplified procedures for most estates, so that with a lawyer's help most people shouldn't have too much difficulty serving as the personal representative of an estate (called the "executor" if a person dies with a will or "administrator" if the person dies without a will).

The probate process is conceptually simple: someone supervised by a court accounts for the decedent's property, pays debts and taxes, and distributes what remains according to the person's will or state law. Here's a closer look at what would be involved if you were named an executor or volunteered as administrator.

1. Opening the estate. You begin the probate process by submitting the will (if any) to the probate court in the decedent's county and notifying relatives, heirs and creditors of the death. The court will issue you documents authorizing you to act on the estate's behalf.

2. Investigating the estate. You next must locate all the property, determine its value, collect money owed the estate, and pay debts. Professional appraisals may be needed for some items.

3. Paying taxes. You are responsible for estate and inheritance taxes and for the decedent's final federal and state income tax returns. Only a small percentage of estates owe federal estate tax, but most states have an inheritance tax. Sometimes the estate pays it, sometimes the heirs.

4. Distributing the estate. You can't usually distribute property to heirs until you have receipts showing all taxes have been paid and you have filed an accounting with the court. There is a waiting period during which people can object to what you've done, but sometimes this comes after you've distributed the property. In any case, once you've filed the accounting and distributed the property, and the waiting period has expired, the estate is "settled" and your responsibility ends.

Non-Probate Property

Not all property goes through probate. Non-probate property is transferred automatically to another person. One example of such property is property held in "joint tenancy." It automatically goes to the surviving joint tenants. Another example is life insurance. The proceeds go to beneficiaries outside of probate.

Although probate in theory is simple - a person's will is verified, property gathered, debts and taxes paid, and remaining property distributed to heirs - the process can be complex and time-consuming, as it involves paperwork and court appearances. Legal assistance can be obtained to help the executor or administrator perform some or all of the duties of probating an estate, and to help you decide who will be your executor.

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