Recent Blog Posts
Enforcing Child Support Payments
For many divorced parents, collecting unpaid child support is a problem. There are several steps that can be taken to collect unpaid child support, including intercepting the delinquent parent's tax refunds, attaching his or her wages, and seizing his or her bank account or other property.
A parent who owes child support usually will not be allowed by a court to get out of paying overdue amounts. However, he or she can ask a court to lower future payments.
Collecting unpaid child support can be difficult. Legal help can be obtained to use one of the above options for enforcing a child support payment or to learn about other options.
Enforce Your Rights If An Accident Occurs
If you've been in a car, slip and fall or other accident, your first thought may be to forget about it - especially if the accident was minor. But there are important reasons why you should seriously consider making a claim if an accident occurs.
One obvious reason is to recover money you are entitled to receive for your injuries and losses. If you don't make a claim, you'll have to pay for these yourself. You may think you were not badly hurt or that your injuries are minor. But remember that some injuries take a long time to develop. Making a claim will protect you in case the physical symptoms of your injuries show up later.
Another reason why it's important to make a claim after an accident is that it helps prevent injuries to other people. Making a claim sends a strong message to business owners and others that steps must be taken to fix dangers and protect consumers.
The first step in making a claim is seeking legal help. Your lawyer will tell you if your case is strong and advise you how much money you may be entitled to recover. Once you know this information, it is much easier for you to decide whether to make a claim.
Do You Have A Case?
If you've been in a car, slip and fall or other accident and want to make a claim, probably the first question you will have is "Do I have a good case?" There are several factors to consider when answering this question. They include:
- Is the other person at fault? If the accident was caused by someone's negligent or intentional act, you can make a claim. But don't give up making a claim just because you were partly at fault for the accident. In most states, accident victims can recover money even if they were partly to blame for an accident.
- How badly were you hurt? To get money for your accident, you must have "damages." Damages include many things, like money you lost from missing work, medical bills, and your pain and suffering. Even if right after the accident you did not feel badly hurt or think you did not suffer "damages," you still may have a good case. That's because some injuries take time to develop. Since all your injuries may not be known for a long time, consult a lawyer after your accident, even if your injuries seem small. Your lawyer will protect your rights if they get worse.
Changing Your Name
Some people change their name to make it easier to spell or pronounce. Other people change their name because of marriage, divorce or family problems
People can use any name they want, as long as they do not choose it for a fraudulent purpose (such as to defraud creditors) and it does not invade someone else's privacy. Also, people cannot use a number as their name. One man tried to change his name to the roman numeral "III" (pronounced "three"). Before that, a man tried to change his name to "1069." Both name change requests were denied. The courts are unanimous that a number is not a name.
How to Change a Name
Most states allow a simple method for changing a name. A person can just start regularly using the new name and change his or her driver's license, social security card and other documents. All states also have a formal court procedure that can be used for a name change.
Government agencies, banks and other businesses sometimes will not issue documents unless they have certification that the new name really belongs to the applicant. Thus, changing a name is often simplified by using the formal court procedure, even in states that do not require it. The formal procedure consists mainly of publishing the proposed new name in a local newspaper and then getting a court order certifying the name change. A copy of the court's order can be used to show anyone that the new name is official.
Changing Your Name After Marriage or Divorce
In our society, women have often adopted the last name of their husband. But no law requires this, and the custom is changing. Many married women now keep their maiden name. In some marriages, both partners use a combination of their last names. For example, when Susan Smith and John Jones marry, they may use the name Susan and John Smith-Jones. No law prohibits this practice.
Many women who changed their name when they were married often want to go back to their maiden name if they divorce. There are several ways to do this, including going through the formal name change process discussed above or simply resuming use of the prior name and changing driver's licenses and other documents accordingly.
Buying or Selling a Home: The Closing
The "closing" of the purchase of a home is when the parties formally complete the sale. At the closing, the documents are reviewed one final time to make sure all terms and conditions have been met. Also, the balance of the purchase price is paid to the seller, the seller delivers a deed giving title to the buyer, and the buyer receives the keys to the property.
Financial aspects of a closing involve adjustments to determine just how much the buyer must pay. The seller gets credit for items it has prepaid but that benefit the buyer (such as taxes), and the buyer gets credit for items the seller owes but has not paid.
The image of a typical closing is of people signing many documents without reading them. Unfortunately, this is often the case. However, signing these documents without reading and understanding them can cause problems later, especially if they were prepared by the other side. It is better to get legal help well before the closing, when your lawyer can review the offer, purchase agreement, and other documents, and can add or correct terms to help protect your interests.
Buying A Home How To Protect Yourself
Buying a home is likely the biggest and most complex transaction you'll ever make. Though most home sales work out well, some do not and result in costly disputes. There are easy ways, however, to reduce the chance of problems. Here are tips.
- The Contract. When you find the home you want, you will submit a written offer. If accepted, it becomes the contract. Although the offer will likely be on a pre-printed form with much small type, it's vital for you to read and understand it before signing, as it covers all aspects of the purchase, including the sale price, deposit amount, inspection and repair requirements, and how disputes are resolved.
Even though the offer is on a pre-printed form, remember that all terms are still negotiable. Thus, it's a good idea to have your lawyer review the document before you sign it. Your lawyer can make sure there are provisions to protect you, including: - A mortgage contingency clause. This gives you the right to cancel the deal if you are unable to get a loan.
Benefits of Preparing A Will
Most people know that a will lets them determine who will receive their property when they die. Despite this significant benefit, relatively few people have wills.
If you die without a will, your property will be distributed according to state law. It may not be distributed the way you want, since it is distributed without considering the needs or circumstances of recipients.
A will can do more than just determine how property is distributed upon death. It can name an executor. The executor will oversee your estate's financial affairs during "probate," including making sure your debts are paid and that your property is distributed as stated in your will. Without a will, a judge chooses your executor.
A will can also set up a trust, which can help save taxes. Thus, for people with substantial assets (like a home), a will can be a cost-saving tool.
For married couples with young children, wills are essential. Each spouse should have a will in order to select a guardian for the children in case both parents die. The guardian will raise the children and manage their money. Without a will, the critical decision of who will be your children's guardian will be left to a judge.
Updating Your Will
It is a good idea to review your will with your lawyer every two to three years to make sure that it is up-to-date with your current family circumstances and tax laws. In addition, it is especially important to review and update your will when:
Basics about Child Custody and Visitation Rights
Among the difficult questions facing separating or divorcing parents are who will have custody of the children and what visitation rights will be given to the spouse without custody. Here are some basics about child custody and visitation rights that can help resolve these questions.
Child Custody
If the parents agree on who gets custody, the court usually accepts their choice. If the parents cannot agree, the court decides. It bases its decision on what's best for the child and considers various factors, including the child's preference, his or her health and welfare, and which arrangements will provide the most and best contact with both parents.
There are various child custody arrangements to choose from. Here are the main forms.
* Sole custody. In this traditional custody arrangement, one parent is designated as custodian, both legally and physically. The child lives with the designated parent, who has all legal rights and duties for the child and makes all parental decisions (though the other parent may have some input on decisions).
* Joint legal custody and sole physical custody. Joint legal custody means both parents make major decisions about the child together. This arrangement works better when the parents are on cordial terms. In many joint custody arrangements, one parent has sole physical custody.
* Full joint custody. In this arrangement, the separating parents are equal partners in raising the child. This too works better if the parents are on cordial terms. Under joint physical custody arrangements, the child usually spends the same amount of time with each parent.
Variations on these arrangements can be agreed upon by the parents or ordered by the court. Also, existing custody arrangements can be later modified. Changes agreed to by both parents are usually accepted by the court. If the parents cannot agree, the parent seeking the change can ask a judge to make it. Generally, the parent must show that there has been a significant change in circumstances and that the proposed arrangement is in the child's best interest.
Visitation Rights
When one parent is awarded sole physical custody, the other usually gets visitation rights. If the parents cannot agree on visitation privileges, a judge decides for them. Visitation rights typically consist of one or two weekends a month, each parent having the child for some of the major holidays, and several weeks or a month during the summer.
The parent with custody needs good reason to deny the other parent visitation rights. If the parent with custody thinks the other parent's conduct will be bad for the child, he or she can ask the court to stop all visitation rights or to require that a third person be present at all visitations.
As with most matters involving divorce and separation, child custody and visitation rights present difficult issues. Legal assistance should therefore be obtained in resolving such matters. It should also be obtained when parties want to properly enforce or modify existing arrangements.
Avoid Probate With A Living Trust
Anyone who thinks about planning his or her estate will hear about "wills," "probate" and "living trusts." A will is a document that states where you want your property to go when you die. Probate is the court procedure that makes sure your will is valid and puts it into effect. But what is a "living trust?" To answer this, you need to know a little about "trusts" in general.
Trust are legal devices that let one person "own" property for the benefit of someone else. With a trust, a person can stop being the "owner" of property while still keeping control over it. A trust is created when someone (a "trustee") agrees to hold and manage property for the benefit of someone else, who may later get the property, or the income or benefits it generates. The person who receives these benefits is the "beneficiary."
A living trust is a special kind of trust which has many estate planning benefits. In a living trust, you can transfer property from yourself (as the full owner) to yourself in a new capacity, as "trustee." After this transfer, you still control the property. You receive the benefits of ownership while you are alive. When you die, a "successor" trustee (someone you selected) distributes the property to the people you chose. This takes place without the involvement of the probate court.
A living trust is created by a written trust document, written with a lawyer's help. Your lawyer can also help prepare other papers used to transfer property into the trust. You can place almost any type of property in it, including money, real estate, stocks, bonds and automobiles.
Use of living trusts has grown because for many people, they offer significant benefits. Here are some of the main ones.
Advance Directives: Deciding Your Medical Care Before a Serious Illness
Who will make medical decisions for you if you become so ill that you cannot communicate your wishes? What if the person selected chooses treatment you would not want? Fortunately, there are documents - called "advance directives" - you can prepare before a serious illness to help in situations like these.
An "advance directive" is a document that tells how you want medical decisions made if you ever become physically or mentally unable to make them yourself. The two most commonly prepared advance directives are a "living will" and a "durable power of attorney for health care." Here is a brief explanation of each.
- Living Will. A living will lets you specify the types of life-prolonging treatment you want - or do not want - in the event you were terminally ill. It is called a living will because it can take effect while you are alive.
- Durable Power of Attorney for Health Care. This lets you appoint someone (such as your spouse or child) to make your medical decisions if you cannot make them yourself..