Personal Injury Lawyer

It is not uncommon for people to try and avoid estate taxes through the creation of different trusts. Unfortunately, most ways people try, fail. The laws for estate taxes and transfers are strict, and if you do not have expertise in the field, then it is best to contact an estate attorney for further guidance. There are three considerations most people make, revocable trusts, irrevocable trusts and portability, one of which will not help with estate taxes at all.

Revocable Living Trust

Many people believe that they can use a revocable living trust to avoid paying estate taxes, but this is not true. The only purpose of a revocable trust is to reduce the need for probate court after death. Unfortunately, people try to manipulate the estate tax laws by juggling ownership percentages among family members, which also does not work. Using a basic revocable trust is not the answer to avoiding estate tax, and if anything, it may only complicate the process.

Bypass Trust

An irrevocable AB trust, or bypass trust, will potentially save on estate taxes. The bypass works by leaving your children, instead of your spouse, some property. While the children are technically the owners of the property, your surviving spouse is able to use the property and benefit from the income it produces. Using this type of trust means that the property will not be subject to estate taxes upon the death of the surviving spouse.

Portability

It is possible to avoid estate taxes without creating a trust. As of 2015, married couples could transfer assets without owing federal gift or estate taxes. The value of the assets could not exceed $10.86 million. Taking advantage of this tax exemption is called portability. While a bypass trust can save on some taxes, the ability to combine estates before death can avoid the necessity of such actions and provide full tax exemption for a specific amount.

Estate laws are complex, and most individuals do not understand how to use those laws to benefit. An estate attorney can help you understand the regulations of estates and develop a plan to save you and your family as much money as possible. After all, why should your family have to pay more taxes on your assets? Contact a trust fund lawyer, like the Yee Law Group, to discuss your options and create a plan you can live with. Don’t assume that paying taxes is your only option.

Personal Injury Lawyer

A common question when filing for divorce is how long the process will take? Unfortunately, there is no simple answer. Divorces are unique to each couple, and the circumstances surrounding each divorce contribute to the overall length of time for a resolution. A quick divorce that is both amicable and uncontested may conclude in only a few months. However, many more divorces extend beyond the two-month mark, with some failing to resolve for years. To understand the timeline you may be facing, you need to consider at least four factors.

1. Location

Often a divorce timeline depends on the state you live in. Some states adhere to regulations that help move the proceedings along. Unfortunately, other states require legal separations and possible counseling before a divorce is granted. Therefore, it is necessary to familiarize yourself with the divorce expectations and requirements of your state.

2. Type of Divorce

Is your divorce contested or not? Is it amicable? Will you attempt to resolve it on your own, or will you require a mediator? The format and requirements of your divorce determine the length of time. For example, while some DIY methods may seem faster, they can take longer because of misunderstandings. Mediations and arbitrations often move the process along quickly, but not everyone will walk away happy. Honestly, you need to determine what you want out of the dissolution of your marriage to understand the best path forward.

3. Marital Assets

A couple with significant marital assets is likely in for a lengthy divorce process because an agreement must be made about each asset. While some states may speed up the decisions by determining a 50/50 split, each asset still requires valuation; also, if there are existing agreements and contracts, the court may need to intervene.

4. Child Custody

Determining custody agreements is often a contentious part of the divorce process, and it can take some time to resolve. If the parents are unable to come to terms on their own, then the court may mandate the assessment from a child psychologist and other experts to determine the ideal scenario

While no one wants to spend a significant amount of time going through a divorce, it is difficult to provide a specific timeline for the process. Some states do not require any additional steps other than the filing of the paperwork, which means a divorce can occur within two months. To discuss specifics related to your divorce, contact an attorney, like a divorce lawyer from Pioletti, Pioletti & Nichols.

Personal Injury Lawyer

Injuries and accidents, unfortunately, are part of life. Everyone will experience some type of physical ailment and incident at some point. When a serious injury occurs on the job, you shouldn’t have to use your personal medical insurance to pay your bills. Workers’ compensation is available to pay for your care and recovery if you qualify. There are some exceptions to this so make sure you understand how the process works.

Benefits Provided by Workers’ Compensation

Workers’ compensation is an insurance plan that most employers are required to carry and provide for employees. It gives medical benefits to an injured worker who gets hurt while performing regular employment duties. This coverage can also replace lost income if the employee is physically unable to return to the job. The insurance will pay for the employee’s visits to the doctor, hospital stays, medication, surgeries, treatment and rehabilitation for any on-the-job injury-related issues.

Responsibilities of the Employee

To claim the workers’ compensation, the employee must report the injury and incident that caused it. Hurt employees should speak to their supervisor or human resources manager as soon after the event as possible. Rules vary by state, but people may have as few as six months in some places and up to three years in others to file a claim. The individual also has a time limit in which to notify the employer of the injury. When reporting the matter, the person should provide as many details of the accident as possible. It may help to allow witnesses to speak with the employer as well.

Definition of “On the Job” Coverage

Workers’ compensation will take effect if the incident occurs while the employee is engaged in the regular course of his or her duties. The person doesn’t have to be at the office or facility when this happens. Approved business travel or errands may also qualify. If the accident happens during an unpaid lunch hour, while taking other breaks or going to or from work, the employee will not have coverage.

Limitations of Workers’ Compensation

Although insurance help is available for job-related injuries, workers’ compensation will deny a claim if the issue occurred due to horseplay or failure on the employee’s part to follow safety regulations. Ignoring established employer rules and requirements will also result in a denial of the claim so make sure to follow all guidelines correctly.

Employees are entitled to appeal denials. If you feel as though you are not being treated fairly in your workers’ compensation case, speak with an attorney, like a personal injury lawyer from MartinWren, P.C., today.

Personal Injury Lawyer

If you’re planning to go into business, there are a lot of things you’ll need to learn and understand. First, you might hear the term “business law.” This is the law that determines the outcome of commercial matters. This includes both regulation of transactions and regulation of the commercial entities themselves. Because technology, society and processes are constantly changing, business law is also constantly changing.

Some Common Types of Business Law

There are a lot of laws regarding business, but there are some more common than others. This includes the following.

• Consumer Goods Sales – This refers to everything considered a financial transaction in the U.S. From leases to contracts and fraud to secure transactions, it contains a code aimed at consolidating these complex laws.
• Employment – Even if you had only one employee, you’d need to be on top of employment laws. Do you know your state’s laws regarding workers’ compensation? What about discrimination in the workplace? Is there a law regarding how much you are obligated to pay your employees? These are all things included in employment law, and you should become quite familiar with them if you have anyone working for you.
• Intellectual Property – Your creative work shouldn’t go unnoticed or get stolen by a competitor. This is where intellectual property law comes in handy. Patenting your products and understanding copyright laws is also a great way to ensure your logo and company name cannot be used by others.
• Immigration – You have to abide by the law with all of your employees, even when they are temporary, seasonal or special-event workers. Immigration law covers all the issues you’ll need to understand when you have foreign workers.
• Contracts – There seems to be a lot of contracts involved when you enter into a business. You’ve got contracts with business partners and clients, for real estate deals, and for all sorts of other purchases and business deals. Contract law helps you deal with drafting the papers, negotiations and litigations.
• Bankruptcy – You hope it doesn’t get to bankruptcy, and you’ll do everything you can to protect your business from it, but sometimes the economy turns bad and you are forced into bankruptcy. Understanding this side of business law will help you understand the different options you have and how each of them will turn out.

Learning More

Starting a business, buying a business or joining a business all come with legalities you must meet. Contact a business lawyer, such as from Brown Kiely, LLP, to learn all about business law and the issues you should understand to be most successful.

Personal Injury Lawyer

Bankruptcy lawyers receive daily calls from people who are in debt because of a student loan, have defaulted on it, and would like to know if bankruptcy is an option. Student loans are one of the most difficult forms of debt to discharge in the bankruptcy process. In a majority of cases, a student loan will remain after bankruptcy has been filed by a debtor. That being said, just because it is difficult does not mean it is impossible or cannot be done at all. 

Who Might Qualify?
In 99% of bankruptcy cases, student loan debt will not be included in the filing. However, about 40% of those who do request relief are granted partial discharge. If it can be proven that paying off the debt will result in undue hardship to the individual or their dependents, the likelihood of student debt being discharged through bankruptcy increases. There is no exact definition of undue hardship. Many courts will use the Brunner standard, which uses three parts to determine whether a debt should be discharged:

• The debtor will be unable to maintain a basic, or minimal, standard of living based upon their current income and expenses if they are required to pay their student loans. 
• The debtor’s financial situation will likely continue. 
• The debtor has made good faith payments or the effort to pay. 

An example of a person who might qualify to have their student loan debt discharged in bankruptcy is a middle aged person who has a family, makes a little more than minimum wage, and has little to no opportunities for advancement. In this case, the court might find that this person has maximized their earning potential and cannot pay their loans while living a minimal lifestyle. 

Is a Bankruptcy Lawyer Needed?
Discharging student debt will generally require extensive time and extra steps than a standard bankruptcy. This area of the law is complicated, which means you should consult with a bankruptcy lawyer for help. An adversary proceeding will need to be filed. This is a separate process and basically amounts to an individual suing their creditors. 

The School You Attended Does Matter
Contrary to what many people believe, not all student loans are the same. Some borrowers will be surprised to realise that because of where they went to school, they can discharge their student loans with Chapter 7. 

You might wonder why this is so. Current laws about bankruptcy and student loans only apply to accredited schools that meet the federal requirements as an eligible education institution. If you attend a school that was not accredited or did not meet the federal requirements for a higher education, your debt might not be considered a student loan. In this case, you might be able to have the debt discharged through bankruptcy. 

Schools that might fall into this, include:

• For-profit organizations
• Unaccredited schools 
• Trade schools

Although a student might take out a loan to cover this schooling, the debt might be dischargeable. A lawyer can review your case and help you to better understand your options. 

Other Factors
There are also other factors that need to be taken into consideration. At the time you received the loan, you must have met certain requirements to be considered an eligible student. The loan must also have been used for qualified educational purposes. These factors must be considered. 

A lawyer, like a bankruptcy lawyer from The Law Offices of Ronald I. Chorches, can review your educational history, investigate the school and it’s accreditation, and review the details of your loan. Call a law firm today for more details. 

Personal Injury Lawyer

An accident can destabilize the foundations of anyone’s physical, emotional and financial base. Being injured because of the accident only adds stress, and you’ll need to figure out how to support yourself with increasing medical bills while potentially being unable to work. Here are the answers to common questions about an injury that can help you determine whether you should pursue a personal injury claim.

What Should You Do Immediately After the Accident? 

First, check to make sure that everyone is okay. Get medical attention if needed. Call the police and give them your statement. Get a copy of the report afterward and take pictures of the accident. Exchange contact and insurance information with the other person involved. If anyone witnessed the accident, get a small statement from them to be used as evidence.

How Long Should You Wait to Seek Medical Attention? 

It is pertinent that you get medical attention as soon as possible if you are injured or suspect that you may be. The longer you wait to get help, the worse it will look for your claim later. It is easier for an insurance company to disregard your claim if too much time has passed between the accident and the date on a doctor’s report. The most time you should consider waiting is 72 hours following the accident.

How Long Does It Take to Settle a Personal Injury Case? 

There can be a large variation in the time it takes for personal injury cases to finally settle. Problems with legality or evidence, medical treatment and reports, and the amount of money involved can all extend the case. An average case timeline lasts from several weeks to several years, and it can be very difficult to accurately predict how long your own case will take.

How Do You Estimate the Value of a Case?

Unfortunately, there is no reliable way to predict how much money you’ll eventually receive out of a settlement. Ads claiming to obtain millions for clients may be true, but those cases are likely highly unusual or specialized. Most cases will cover the amount for extra expenses and damages caused by the accident.

If you aren’t sure how much your case is worth or want to know how long it may take, consult with a lawyer, like a personal injury lawyer, at the law offices of Davis & Brusca, LLC. A well-practiced lawyer can give you a solid, honest answer to your questions. He or she can help represent you, if need be, or manage important affairs surrounding the case.

Personal Injury Lawyer

When you are injured in an accident that you believe was the fault of another, you may not be sure where to begin when it comes to filing a personal injury claim. The size of your claim, its value and who to name in the lawsuit may all be puzzling questions; however, scheduling an initial consultation with an attorney may help you understand how to move forward with your case and recover money for your medical bills and other costs connected to the accident.

1. Is My Case Large Enough for Your Firm? 

You may wonder whether your personal injury case is significant enough to warrant the need for a lawyer because your injuries are not catastrophic. As you build your case, you may find that what you thought was a straightforward claim could be much more complicated. Speaking with an attorney may help you understand the hidden complexities of a case and be able to assist you with insurance claims, meeting the burden of proof and whether your claim is viable.

2. Can You Help Me Prove Negligence? 

Because no two personal injury claims are the same, asking a lawyer about the negligent circumstances you believed caused yours may help you understand whether the other party was completely at fault. Some states use comparative negligence rules to determine how much a plaintiff can collect in a case, minus the percentage of their own negligence, if any. Your attorney can let you know about your state’s laws and whether they might affect your personal injury case.

3. How Much Is My Case Worth? 

Determining the value of your case can be one of the most important actions taken by your lawyer during your first meeting. There are several factors he or she may take into account including the total cost of your medical bills, your ability to earn future wages, whether you have any pain and suffering and if the other party was particularly negligent. While your attorney may not be able to place a specific dollar amount on your case, he or she may be able to give you an estimate.

4. What If I Was Offered a Settlement? 

The insurance company representing the negligent party may offer you a settlement in lieu of a trial. However, it can be difficult to know whether the offer is fair. Taking the settlement details to an attorney for perusal may help you make an informed decision about your case.

Making choices about filing a personal injury case can be daunting, but there is help available. Consult an attorney, like a personal injury attorney from Johnston Martineau, LLP, today for further information.

Personal Injury Lawyer

Whether you’ve been given an offer by the insurance company or are waiting for it to come in, you might be wondering how they come up with their numbers. Your personal injury has a lot to with it, from medical costs to loss of enjoyment of life, and you want to be compensated for all of it. The following are some things an insurance adjuster will look at to make the determination of a personal injury settlement offer.

The Insured’s Story 

When you make a third-party claim with the insurance company of the person who caused your injury, the insurance company will immediately want to speak with their client, the policyholder. The insurance adjuster will take down the details of the policyholder’s story, and might also take a look at a police report if there is one. The report will give the adjuster a better idea of what really happened, especially if the policyholder forgot anything.

The Claimant’s History

Insurance adjusters are sort of like investigators, and will be investigating your past. As a claimant, you are basically asking the insurance company to pay for your injuries and other damages. The insurance company will do everything possible to keep that compensation as low as they can. The adjuster will look into the claims database to check on any past claims you have made. He or she will Google your name to see if there’s any dirt to be dug up. He or she might take a look at your social media accounts to see if you’ve done this before.

Evidence from the Accident

There may be surveillance videos, witness statements, and other types of evidence the adjuster can collect. He or she will look over everything thoroughly to determine what exactly happened. If the evidence doesn’t corroborate the stories, a deeper investigation may take place, or it could also have a direct impact on the settlement offer.

Claim Documentation

The next thing the claims adjuster will do is request claim documentation from you or your lawyer. The documents he or she will ask for include proof of earnings, proof of injury, medical bills, proof of property damage, tax returns, and others. Adjusters go over every last word of these documents looking for mistakes, missing information, lies, or other problems. If there’s anything that doesn’t quite align, he or she may take a second look at the evidence.

Hiring Legal Help

Any time you are injured and have to deal with an insurance company, it could benefit you to speak with a lawyer. Contact a lawyer, like a personal injury lawyer from Hickey & Turim, today to learn what you need to do to hire legal help.