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October 17 – 23 has been designated by Congress as National Estate Planning Week under HR 1499.
It is estimated that 120,000,000 Americans do not have up-to-date estate plans to protect themselves and their families in the event of sickness, accidents, or untimely death,” informs the NAEPC Education Foundation’s news release for National Estate Planning Awareness Week.
A survey from 2010 by Lawyers.com found that “only 35% of Americans now report having a will and only 21% have a trust arranged.” A more recent survey by EZLaw affirmed these numbers. It found that “only 44% of Americans report that they currently have any estate planning documents.”
The Fair Debt Collection and Practices Act (FDCPA) prohibits debt collectors from using abusive, deceptive, and unfair debt collection practices.
If a consumer receives an abusive call from a debt collector, he or she can inform the caller that they may be in violation of the FDCPA. Since debt collection calls are recorded, the debt collector caller will usually back off at that point.
Consumers can also report that debt collection agency to the Better Business Bureau. Also, debt collection agencies are not allowed to call your employer, though they will, but you can request that they don’t. There are a lot of violations of the FDCPA by debt collection agencies that many consumers are not aware of.
Many debt collector callers can be very abusive. Most of them get paid on commission. It is important to know that they are not allowed to threaten you.
I get calls very frequently from people who tell me they received a phone call from a debt collector who said they were going to come and arrest them if they didn’t pay a certain amount of money to them. This is simply not true!
There is no such thing as debtors’ jail in most states including Kentucky and Ohio. Unless you are writing bad checks, bad debt is not a criminal action, so you can’t go to jail.
I get a lot of other calls from people who say that the debt collector tells them that they are going to sue them or that they have to be in court the next day. None of those things can happen unless you’ve received a certified letter in the mail, and your wages won’t be garnished unless you have received papers from the court.
It is up to each individual creditor—whether a bank, credit card company, car dealer or other organization—to decide how much patience they want to have with customers who are in arrears. Sometimes, a collection agency will call if you are just 30 days past due. If you do get a call from a collection agency, theoretically you haven’t been sued yet, though this may not always be the case.
Say, for example, you are getting a call from a collection agency because you are behind on your credit card. If you know that is the tip of the iceberg and you owe another $50,000 in credit card debt, you should consider calling a bankruptcy attorney. If it’s the only debt you owe and you owe $2,000 to that credit card, but you are out of work right now, and you can’t afford to pay much now, I would call them or answer the phone when they call and tell them the truth.
Once you have retained an attorney, you can refer any debt collection calls to your attorney who will handle them for you.
Accidents and injuries are inevitable in life, especially considering all of the interactions that take place between individuals in our daily lives. When is it just an “accident”, and when should someone else be held legally responsible?
While mishaps and tragedies are bound to occur, some incidents could be prevented if not for the careless actions of others. In situations like these, where a negligent party is responsible for causing emotional or physical pain, our law allows you to pursue compensation through the filing of a personal injury claim.
Defining the Term
Legally, the term “personal injury” describes an area of law that focuses on assisting plaintiffs in receiving compensation for injuries caused by a negligent party. This area of law does not only cover physical suffering, but emotional injury and damage to one’s property as well.
Some Personal Injury Scenarios
There are a large number of circumstances in which an injury suffered by an individual justifies the filing of a personal injury claim. These include negligent injuries suffered in the workplace; from a dog bite; during a slip and fall; or in accidents involving a motorized vehicle.
A personal injury can also come about from more complex situations such as medical malpractice; an airplane or train accident; or when an injury occurs from the use of a product. Individuals who have experienced pharmaceutical malpractice or have been harmed from exposure to dangerous substances such as toxic waste might also be eligible to pursue a personal injury claim.
Satisfying the Qualifications for Personal Injury
Two conditions must be met in order for a personal injury claim to stand up in a court of law. First, it must be proven the injury suffered by the plaintiff was caused by the defendant’s negligent actions. Second, it must be proven the plaintiff’s suffering is a direct result of the negligent actions in question.
If you are experiencing distress from an injury believed to be caused by another party’s negligence, it is wise to consult an attorney to determine whether you have any legal options available to pursue compensation for your medical bills, wage loss, pain and suffering, and other damages.
Once your divorce is finalized, it will be up to you to get your finances in order. In order to become self-sufficient again, organizing your finances is very important. To get you headed in the right direction, here are some steps you should take.
First, if you have not done so already, make sure you have a credit card, checking account and savings account in your name only. This is going to help rebuild your credit score once again. Next, you will need to incorporate any aspects of your divorce decree into your financial decisions, such as paying child support. You will also need to change information on documents pertaining to things such as health insurance, auto insurance, renters insurance and life insurance to reflect your individual status.
Fully understanding the process of transitioning from joint to individual financial status is very important. This will help you avoid making bad financial decisions. There are many options available for better educating yourself on this process. These include taking a course online or at the local university; reading a book; or checking out one of the many websites on the Internet that feature a wealth of helpful resources on how to better understand your finances. You can also consult with your divorce attorney, who is typically knowledgeable about these issues, or may be able to refer you to another attorney within his/her firm to help you.
Now that you are handling your own finances, you will also want to audit yourself. Working with an attorney or CPA to get your taxes in order will ensure that any outstanding tax returns get filed. During tax time, it is also wise to seek the advice of a financial expert. This allows you to gain a better understanding of your overall financial situation as well as receive some guidance on ways to better manage your money.
Lastly, you need to create a long-term financial plan. This strategy will help you reach your long-term financial goals. Depending on your individual situation, you may want to seek financial assistance in crafting this plan as well.
Getting a divorce can create financial problems. But if you prepare yourself properly, you can get your finances back in order and avoid future financial difficulty.
Generally speaking, a no fault divorce means that either spouse can file for divorce without having to prove the other spouse is guilty of any wrongdoing. In contrast, fault divorces require wrongdoing to be proven. Depending on the state where you live, these “faults” can include adultery, cruelty, homosexuality, inability to have sex, failure to consummate the marriage, the commission of a felony crime by one of the parties, desertion, abandonment, confinement in prison past a certain number of years, mental instability or even simple neglect.
All states recognize no fault divorces, but not all no fault divorces are equal. In California, which essentially invented no fault divorce, either party can file without assigning blame. The petitioner just needs to choose from one of two grounds listed: “irreconcilable differences” or “incurable insanity.” Other states require couples to live apart for a designated period of time, which can range from months to years, before they may file for no fault divorce.
Fault divorces can be contested. While most judges feel it is not in the public interest to force people to stay married, it has happened, particularly in conservative jurisdictions. No fault divorce was devised to leave the decision of whether to stay married or get a divorce in the hands of the couple, not a judge.
Besides easing the divorce process, no fault divorce has other advantages. According to statistics, reported instances of domestic violence declined in state that adopted no fault filings. It is easier for victims of spousal abuse to leave. It helps reduce family courts’ caseloads. No fault divorces take less time, cost less and save emotional wear and tear. It tends to be easier on the children compared to a contested fault divorce.
While do it yourself divorces are possible, you should consult with an attorney to make sure you know all the options available to you in your state. Especially where children are involved, court orders regarding child custody, visitation rights, child support, health care, etc are very hard to over-turn once put into place.
Deciding whether you require a “living trust” or just a “simple will” depends on your individual needs.
A living trust can give you more flexibility, control and the ability to continually manage your estate and affairs, but will cost more money upfront.
A simple will does not cost as much, but also doesn’t offer as much flexibility. Even if you have a living trust, you should also have a simple will.
A big factor in your decision is going to be the value of your estate. If you do not own property ― or own property of little value ― a simple will may be all you need. However, if you own property high in value, then a living trust might be a better choice due to the probate process and the complexity that occurs with dividing larger estates.
The expense of a living trust will need to be justified. If you have assets valued at $100,000 or less, a living trust is probably not necessary. When you have over $1 million in assets ― which includes things such as your home or life insurance ― a living trust is more justifiable.
To help you determine which mechanism is best for your particular situation, consider the suggestions to the commonly asked questions below:
- Do you intend to leave your assets to your children? If so, then it is best to opt for a simple will.
- Are your estate plans simple? If so, you may not need a living trust.
- Would you like court supervision over your estate and affairs? If yes, then you will want to go with a simple will.
Hopefully these suggestions have provided some assistance on deciding whether to use a simple will or living trust to divide up your assets. If you are having still difficulty in making a decision, it is best to seek the advice of an estate planning lawyer for further guidance.
Hiring an estate planning attorney is a vital step in protecting your personal wealth as well as providing for the well-being of your family. Here are a few questions you should ask a lawyer before making the important decision to hire him/her.
Protect Your Children
In our world, tomorrow is never a guarantee. Therefore it is important that your lawyer prepares a plan that takes care of your children – financially and otherwise – in the event that something unfortunate happens to you. Make sure to ask your estate planning lawyer about how to choose the right person to be guardian of your minor children until they become an adult. Can two people be co-guardians of your children? Does the same person who is guardian also have to control the money you leave to your children? Do I want my child to get all of the money once they turn 18? These questions are even more important in today’s world wherein single-parent households are more prevalent. Trusts, survivorship designations, and other tools can be used to provide financial assurance to your children if something should happen to you.
Fees
There is no question you will be required to pay for the services of an estate planning attorney. But make sure to ask about the extent of the fees. Are fees charged at a flat rate? What is the rate for ongoing work? What kind of fees will be charged if any changes are made a few years down the road? A good estate planning attorney will tell you up front exactly what the charges will be.
Who You Are Working With?
You should also ask your attorney about how the process of mapping out your estate plan will proceed in the future. How will they communicate with you down the road? Will you be working with the attorney, or members of their staff? Who should you contact if the manager of your plan is on vacation or unavailable and you have an urgent question? Who will manage your plan if the attorney retires? You can always get copies of estate planning documents on-line or from office supply stores. However, they need to be in compliance with the laws of the state in which you reside. Also, you get no advice with those documents. A good estate planning attorney doesn’t simply draft documents, he gives good legal advice which allows you to make the right decisions.
Consider the Future
Things change, so you will want to ask about what happens when they do. If the tax laws or other laws change, will you be notified? Also think about the related fees. Will the fees you already paid cover these future changes? How will the plan be maintained?
Structured Plan
You should also ask about whether the funds you leave your children are protected from things such as divorce or lawsuits. Ask the estate planning attorney if they can accomplish this, if you want these safeguards built into your plan.
Service & Assistance
It is essential that the estate planning attorney you choose provides the best service possible. Be sure they are able to help you make wise choices in regard to all aspects of your estate plan. For example, do they know about things such as buying insurance, creating a retirement plan or saving for college?
All of these questions should be brought up when interviewing a potential estate planning lawyer. It will give you confidence that the plan you create will be crafted as you intended.
A personal injury lawyer represents individuals that have been injured physically or emotionally due to someone else’s negligence.
Auto Accidents & Other Accidents
If someone’s poor judgment is responsible for an injury you suffer in an accident involving a car, truck, motorcycle or any other type of motorized vehicle, then it might be time to contact a personal injury attorney. This also includes accidents on a bus, boat, train, bicycle or any other form of transportation where an accident might have occurred. Even if a loved one has recently lost their life due to a car accident, a personal injury lawyer can assist your family in receiving financial compensation for your tremendous loss in the form of a wrongful death claim.
Medical Malpractice
If you have experienced psychological or physical harm because of the negligence of a healthcare professional, then it is time to contact a personal injury lawyer. A few of the many examples include an error in anesthesia, mistakes during childbirth, undiagnosed heart disease or failure to treat an illness.
Dangerous Products & Substances
Sometimes individuals will get hurt while using consumer products such as medical devices or prescription drugs. Often times we hear about products that are pulled off the shelf or “recalled” due to harmful side effects experienced among several people. There have also been many cases of individuals suffering maladies due to exposure from toxic material or conditions such as oil spills, mold, asbestos and benzene among others. If you feel you have experienced harm from exposure to toxic material or from the use of dangerous products or services, you should contact a personal injury attorney.
Other Circumstances
There are many other instances where a personal injury attorney should be contacted. These include injuries experienced from slip and falls, skiing or snowboarding, defective property, assault and battery claims and workplace accidents among many other situations.
By law, individuals are entitled to receive compensation for the damage brought on by negligent behavior. If you or a loved one have endured physical or emotional harm in scenarios such as those described above, don’t hesitate to contact a personal injury attorney for more information on receiving compensation for your suffering.
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