The Divorce Process

Crucial Mistakes You Should Avoid During Probate

Posted by on 3:21 pm in Uncategorized | Comments Off on Crucial Mistakes You Should Avoid During Probate

When someone close to you passes away, the probate process is necessary to help divide their estate to the people listed in the will.  Part of probate involves having a court look over the estate to make sure any outstanding debts have been settled before assets are divided.  When a will is not left behind, it places responsibility on the court for dividing assets.  Unfortunately, mistakes can be made that will cause probate to move slowly, delaying when you’ll eventually be able to receive assets from the estate. Not Promptly Starting Probate While the death of a loved one can be a difficult time to go through, there are legal matters that must be taken care of so that everything is handled correctly.  A big problem that people run into is not starting the probate process within the required timeframe.  Check with your state laws for how soon you need to start probate, but states like California require that it is done in 30 days.  If you miss the deadline, it will significantly delay the case.  You may not be able to have yourself appointed as the estate executor, and many things will be out of your control. Not Giving People Proper Notice Part of being the estate executor involves notifying creditors, relatives, or anybody who could potentially have an interest in the estate.  If you do not do this, it could cause a huge problem later trying to correct what has already been done.  For instance, if a creditor is not notified of the person passing away, it may not be known that a debt needs to be collected until after probate.  There will then be a lengthy legal process if the creditor tries to seek payment from the estate after it is divided. Not Maintaining Property The probate process can take many months to finish, but there will be assets in limbo until they are divided.  It’s important to keep up with maintenance when it comes to property owned by the estate.  It may not end up being yours in the end, but it still needs to be maintained.  Related costs to maintain the estate can be paid for by the estate.  Those associated costs will be paid for before assets are divided to others. To avoid making these mistakes during probate, you should work with a probate lawyer from a firm like Cormac McEnery Law Firm to ensure that you are on the right...

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Domestic Abuse: Suing Your Abuser

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For many victims of domestic violence, the only court proceeding they will attend is the criminal one against their abuser, providing things get that far. However, if you have been the victim of domestic violence, you can also undertake a civil case. You may be able to collect civil damages with the help of a personal injury lawyer who is experienced with litigation. Civil Court Even if your abuser is found innocent in criminal court, you may be able to sue them in civil court, where the standard of proof is lower. In a criminal proceeding, your abuser must be found guilty “beyond a reasonable doubt.” In many instances, getting a jury to agree unanimously on a verdict is difficult. In contrast, most civil cases are decided by a judge who only needs to find someone at fault due to the “preponderance of the evidence.” Also, if you sue someone, they are not provided with a lawyer but have to retain one themselves. Of course, you will have to engage a lawyer as well, but in most instances, pursuing your case in civil court will benefit you. Family Members In the past, family members were not allowed to sue other family members because of the harm this would do to the household. Fortunately, most states now allow you to sue your spouse, although some, like Illinois and Illinois, still prohibit it except in certain circumstances. You will need to research your state’s laws before you take action. However, a civil action is one way to help you get some justice from a system that doesn’t always deliver it. Penalties Depending on a number of factors, your abuser may receive jail time through the criminal justice system. Of course, they may simply get probation or take a mild plea deal. If you win your civil action, you may be able to receive a significant amount of money. Of course, money can’t erase the trauma you have suffered, but it can help you restart your life. If your abuser is found responsible by a judge, you may receive general damages and punitive damages, provided they have some financial means. If they have little property, collecting can be difficult. However, you may get some satisfaction from their being held accountable for their actions. If you have been abused, no court proceeding can heal the wounds, but receiving damages from a civil action can ease the burdens of daily life. Consult with a personal injury attorney and find out what options are available to...

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3 Tips That an Arthritis Sufferer Should Consider

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Did you have no choice but to quit your job due to the complications of arthritis? Are you now trying to figure out how to take care of your daily living expenses, stay active, and get around your two-story house without having to struggle? Take a look at this article for a few helpful tips that are worth giving some consideration to for your situation. 1. Invest in a Stair Glide for Your House If you struggle to go up and down the stairs in your house due to severe arthritis pain, consider purchasing a stair glide. Basically, a stair glide is a mechanical chair that is able to transport you between the top and bottom of the stairs. All you have to do is sit in the chair and buckle yourself up for safety. You can then press a button on the chair or use a remote to make the chair move in the direction of your choice. There are also stair glides that you can stand up on if bending your knees to sit down is too painful to cope with. 2. Try to Remain as Active as Possible Although you have stopped working because your arthritis pain is difficult to cope with, it is important for you to remain active. You don’t want to get into the habit of just sitting and lying around your house all day. Your condition can become worse if you don’t move around as often as you are able to. It is wise to start undergoing physical therapy if you are not attending sessions already. Even joining a gym is better than allowing the arthritis pain to keep you stationary. 3. Apply for SSDI Benefits with Help from an Attorney The best way to make up for lost income is to apply for social-security disability-insurance (SSDI) benefits. The first thing that you should do is speak to an attorney, as he or she can make the application process a lot smoother. Without the right kind of evidence, it is possible for your SSDI application to get denied. An attorney will help you fill out the application, gather sufficient evidence to prove the severity of your arthritis, and possibly help you avoid getting unnecessarily examined by an appointed physician. Get in touch with an attorney by visiting sites such as as soon as you can so he or she can begin the process of helping you apply for SSDI...

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How Can You Appeal A Disability Insurance Claim Denial?

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When your disability insurance claim is denied, you have the option of filing an appeal. Due to deadlines, it is important that you act quickly to appeal the insurance provider’s decision. Here are some tips for appealing the decision.   Investigate the Denial Reason Before you can create a strategy for appealing the insurance provider’s decision, you need to know exactly why it was denied. Start by re-reading the denial letter. The letter should include a basic explanation of why your case was denied.   You also need to call the insurance provider and ask for specifics on how the decision was reached. For instance, if the claim was denied because it was not proven that you were impaired and unable to work, find out if the insurance provider received all of your medical records. It might be possible that you can overturn the denial by simply providing more information.  Review the Policy Being familiar with your disability insurance policy can help you shape your appeal. If you do not have a copy of the policy, submit a request for one to the human resources department at your employer. In your request, emphasize that time is of the essence. You need to have time to review the policy and complete your appeal within the allotted time.   Although it might be tedious, take the time to read the policy. You need to understand the wording in the policy that was used to justify the denial. If you are unsure of how the insurance company’s reasoning applies to your particular case, ask questions. Contact the insurance provider and ask for an explanation. Keep detailed notes of every interaction you have and if possible, get the provider to send a written explanation, too.   Gather Evidence to Submit to the Insurance Company Once you are aware of the reasoning for the denial, you need to gather evidence to counter the argument made by the insurance provider. The more evidence you have, the more likely it is that the insurance provider will respond favorably.   For instance, if the insurance company was not convinced that you are unable to work, provide written statements from co-workers and a detailed listing of your job duties. Go point by point on the job duties list and state why you are unable to complete each task.   Appealing a denial of a disability insurance claim can be challenging, but it is possible. Work with an experienced attorney, like one from Iler and Iler, for the best...

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Commercial Driver Crashes And Fatigue: What You Should Know

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Commercial driving can be an excellent way to make money and support a family. The problem is being on the road a lot can lead to fatigue and crashes. Here’s all you need to know about driver fatigue and what you can do as a commercial driver to protect yourself and others on the road. Know the Facts At least 15% of crashes are caused by commercial truckers due to fatigue. It’s easy to make mistakes or not be in control of the powerful vehicle. By knowing this fact, you can be more proactive at avoiding driver fatigue and knowing the signs. An accident with a truck is much more dangerous than any other vehicle. While you may be safe within the powerhouse, the size and force someone else will be hit with is enough to cause serious harm and death. Drowsy Driving Signs Driver fatigue can hit anyone who is tired. Even if you’ve been on the road safely for the last decade, you may find that it hits you and a crash occurs. One of the most common signs to look out for is lack of concentration. You know that as you get tired, you find it hard to keep your eyes on the road. You’re less likely to take in the signs and traffic lights, as you focus on just getting to your destination. Heavy eyelids and consistent yawning are dangerous signs. You’ve gotten to the point now where you run the risk of falling asleep at the wheel. Reactions will be slower, and you may not make the best judgment calls when it comes to road decisions. Know the Law There are various state and federal laws surrounding commercial driving to help prevent fatigue and limit the potential damage. These are on top of the regular driving laws. Truckers cannot be “on duty” for more than 14 hours within one 24-hour period, and you must be “off duty” for 10 hours between those 14-hour stints. You also need to have a 30-minute break every eight hours that you drive. These laws may be annoying and lead to fewer deliveries in a day, but they are there to keep you and everyone else safe. Just because you only need to legally have a 30-minute break, doesn’t mean you can’t have longer or stop more often than every eight hours. You’re the driver, and you’re responsible to make the call if you are too tired. Know the warning signs and what you can do to prevent driver fatigue. This will help you prevent an accident when you drive a commercial vehicle, such as a truck. Contact a business, such as Powers Law, for more information....

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Loss Of Limb: What Should You Know About Your Leg Amputation Case?

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If you suffered a leg amputation during a severe car accident, you may expect the other driver’s insurance company to offer a good settlement for your injuries. But if the insurer doesn’t think that your injuries are severe enough to warrant a high settlement, even though you lost a limb, don’t accept the offer and contact a personal injury attorney for help. Your injuries may be considered catastrophic in nature. Catastrophic accident injuries like amputations have the potential to cause lifelong pain and suffering. Here’s more information about amputations and what you can do to win a fair settlement. What Are Amputations? Unlike the surgical amputations performed by doctors, traumatic amputations, such as avulsion amputations, occur without any warning. The injuries can cause massive tissue damage to the bones and muscles associated with the limb, as well as nerve damage and uncontrolled bleeding. The injuries are typically permanent and may require long-term care and treatment to manage. However, the other driver’s insurance company may not want to agree to a settlement that reflects the extent of your injury. The insurer may argue that your amputated leg doesn’t affect your ability to work in an office setting or in a place that doesn’t require standing or walking. If this doesn’t work, the company may have its adjuster tell you that if you don’t accept the offer, you may not get another offer later. If you take the lower amount, you may not have the coverage you need for future care, such as physical therapy and pain management treatments. To avoid the complications above and receive a settlement you deserve, you must secure medical evidence of your injury. What Can You Do to Prove Your Case? One of the things can do is hire a personal injury attorney to help you obtain additional medical evidence about your amputation, including documentation for any new health problems you experience because of injury. For example, if you now have permanent nerve damage in the amputated limb, then it’s important that you document it. An attorney can also help obtain medical evidence that shows how your amputation will affect you in the future. For instance, it’s possible for you to develop a condition called “phantom pain” in the future. Some amputees experience false sensations of pain and other feelings in their lost limbs after the wounds heal. Phantom pain and sensations can trigger a host of emotional and physical problems that can affect your life, including depression, anger and confusion. These types of problems may require therapy and other services to help you through them. If you have concerns about your case or would like to learn more about it, contact an office such as Hornthal Riley Ellis & Maland...

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How An Attorney Can Help You When You’re Filing For Social Security Disability

Posted by on 11:24 am in Uncategorized | Comments Off on How An Attorney Can Help You When You’re Filing For Social Security Disability

If you are to the point where you are ready to file for social security disability benefits, you might want to consider hiring an attorney to help you. To understand how this would be beneficial for you and your case, you will want to check out the following points. Helps You Understand The Questionnaire When you first apply for social security disability benefits, you will receive a large questionnaire in the mail. It must be completed in full and returned to the social security office by a certain date. You do not want to find yourself intimidated by how many questions there are or how the questions are asked. Many people find that some of the questions are a little tricky; some of the questions may seem as though someone is trying to get you to answer them wrong. While that may not be the intent, it is important to make sure that you are being consistent with your answers. Your social security disability attorney will be able to help you understand what exactly is being asked of you in the questionnaire and can assist you in making sure that you are answering in a way that thoroughly explains how you are suffering. Ensures All Of Your Medical Records Are Sent To The Social Security Office It is important that your caseworker receives all of your medical records that date back to the start of your injury or illness. This includes records from your primary care doctor, chiropractor, therapist, psychiatrist, surgeon, specialist, and any hospitals that you have visited. Initially, your social security caseworker will request all of the medical records on your behalf. All you have to do is provide him or her with the names of the doctors or medical facilities, their contact information, and the approximate dates of your treatment so they know what time periods to ask for records from. If your caseworker does not end up getting all of your medical records, your attorney can place a follow up call to those doctors and hospitals to ask that they send the requested records to the social security office. It is important that all records are received in order to improve your chances of proving how disabled you are. With just those two points in mind, you should be able to see how an attorney can help you. All you need to do now is get in contact with an attorney from a company like Hawkins  Bingham &  Miller and schedule a...

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FAQs About Suing For Negligence In A Nursing Home

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When your parent is the victim of negligence in a nursing home, you can take legal action to hold those involved responsible. In addition to pursuing criminal charges, you can seek civil damages. How you pursue those damages depends on various factors. If your parent has suffered an injury, here is what you need to know about your civil legal options.  Can You Sue? Many people believe that they can file a lawsuit against a nursing home for negligence, but this is not always the case. Whether or not you can sue depends on the language in the agreement that was signed when your parent moved into the facility.  Some agreements contain a binding arbitration clause. The clause can prevent you from taking your parent’s case to the court. You would instead have to allow an arbitrator to decide the fate of your case. Regardless of the outcome of the arbitration, the decision rendered is usually considered final. You cannot file an appeal.  In addition to giving up the right to appeal, a binding arbitration clause also hides what occurred from the public. The records are not entered into public record because the decision was not made through the court.  If there is not an arbitration clause in the contract, you can file a lawsuit. In order to sue, you will have to prove your parent’s case meets the standards of personal injury law.  What Do You Have to Prove? Since nursing home negligence is considered a personal injury issue, you have to prove that the facility had a responsibility to care for your parent. You also have to prove that the facility is responsible for the negligence and that it resulted in an injury. Establishing that the nursing home was responsible for caring for your parent is relatively simple; the contract signed when your parent moved in can be considered evidence of the facility’s responsibility.  Proving that the facility is responsible for negligence can be trickier though; how you prove your case depends largely on the type of negligence alleged.  For instance, if you are alleging financial abuse, you need to show that an employee of the facility or someone that was allowed access to your parent by the facility stole from your parent. Documents, such as your parent’s bank statements and canceled checks made out to the person, can be useful.  A lawyer from the Law Office of Thomas G. Kemmy or a similar firm can help determine what type of evidence is needed in your parent’s situation. Consult with a lawyer early in the process to avoid delays in seeking justice for your...

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Three Things A U.S. Citizen Should Know About Immigration Petitions For Family Members

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If you are an American citizen, you have the right to petition for the legal residence of an immediate family member. Immigration services also refers to this as an immediate relative. But what you may believe constitutes an immediate relative may be different from what the government believes. The following are three things to understand about this status. You cannot petition for legal residence of your mother in-law or father in-law This can become an issue when a United States citizen has a foreign-born spouse. If your spouse or finance has one or both parents living in a foreign country, you may want to bring his or her parents to live in America. However, this is not possible. If you are a United States citizen, you can only petition for your parents, but not your spouse’s parents. Your spouse, however, can petition for his or her parents to become legal residents, but only after they become a United States citizen. Getting green cards for children, brothers and sisters For a U.S. Citizen, petitioning for a child to receive a green card is straightforward. Children are defined as under the age of 21; however, a son or daughter child that is an adult, 21 years and older can still be sponsored under the family preference category. Unlike children and parents, siblings are not considered to be immediate relatives and fall under the category of family preference just as your adult children are. The main difference between this category and the immediate family category is that the law has limits on how many people a U.S. citizen can sponsor. But this is usually not a problem for most people. A immigration attorney can provide exact details on all of the rules regarding sponsorship under the immediate family category. Restrictions on getting a green card for your fiance As a United States citizen, you can marry a foreign citizen if you choose, but there are a few important restrictions. Your future spouse should be living outside the United States or inside the country legally. If he or she entered the country illegally, you will not be able to petition for a green card. If, however, they entered legally but overstayed their visa, it may be possible to petition for a green card. You will need the assistance of an immigration attorney for this legal circumstance. For a U.S. citizen, getting a green card for a spouse or family member may seem easy, but there are many fine points to the laws, and there are often changes every year. The information above should at the least alert you to some of the complexities involved. Every U. S. citizen should consult with an immigration attorney, such as Tesoroni & Leroy, regarding green cards for family...

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Why You Need An Attorney For Your First Drunk Driving Offense

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Getting a DUI is never an enjoyable experience. As many as 1,250 out of 100,000 people get arrested for drunk driving in the US, making it a fairly common offense. If you get a DUI, you can benefit from getting an attorney. Here are reasons you need a DUI attorney for your first offense for drunk driving. You can face jail time Every state has a different rule when it comes to DUI offenses, and many things come into play. You could face jail time if you are convicted of drunk driving, even if it is your first offense. You need to hire a lawyer if you have a serious case against you, such as: injury to another person or property getting a DUI while having children in the car having a very high blood alcohol content level aggression toward police officer(s) during arrest license already suspended when you were arrested To avoid facing jail time and to know how to plead in your case, you need a DUI lawyer to assist you. They can represent you at your arraignment and during trial to help you get by with lesser charges, such as probation, community service, or amended charges. You can lose your license Even a first-time DUI will usually lead to the loss of your license. This can be for a few months to several months or a year or more, depending on how severe your drunk driving case is. Your lawyer can work with the prosecution to help limit the length of time your license will be suspended or work out a plea deal where you can have limited driving privileges to go to work or school. You can lose your job If you work as a public figure, such as in the police or fire department, for the city, or as an educator, you may risk losing your job as a result of your DUI charge. Your attorney can work with the prosecution to lessen your charges so they show more favorably on your record. They can also help negotiate your job position with your employer if your job is in danger as a result of your DUI. Getting your first DUI can seriously impact your life. You don’t want to have to go to jail, lose your job, or face very serious charges, so getting a lawyer is likely your best option. Find a DUI lawyer to assist you in your case so you can have the legal protection you need. Click here to learn more about this...

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