Details provided on behalf of Andrew Lamkin, and provided as informational and educational material only.

Family Limited Partnership Benefits

One of the benefits of FLP is that the family members are able to transfer their assets to the beneficiary; it does not have to undergo probate. The amount of the assets is given to their descendants; the parents continue to manage the finances. FLP can decrease the tax load of the parents, due to the transfer of the assets to the beneficiaries; this qualifies for gift tax exclusions, and as a result, income tax is reduced.

Additionally, in case of marriage failure, FLP allows protection of the assets from ex-spouse’s creditors. Again, because the assets are transferred to the children, the creditors will be unable to demand for the money that is indebted.

The investment fees are decreased when a family invests in one FLP. Instead of numerous diverse accounts that are independently managed, one account can be established; the children and their trusts may benefit from the interests from the FLP.

Establishing an FLP

When setting up an FLP, the present and future owners are considered. The first step in establishing an FLP is to write a limited partnership agreement. After that, assets can be transferred to the partnership. However, individual assets cannot be transferred; this includes life insurance, home, and retirement plans. Corporate stocks, real estate, and cash can be transferred. After transferring the assets, the senior members of the family manage the FLP until their demise. The limited partners can benefit from the interests from the FLP.

It is important to note that the legality issues on FLP are quite complex; they also vary among states. When establishing an FLP, it is best to consult an attorney.

The information in this article is not meant to be taken as legal advice.

All details herein provided are for informational purposes only, provided on behalf of Searcy Denney Scarola Barnhart & Shipley PA.

For the majority of circumstances, it is the employers’ responsibility to manage their employees’ behavior in the workplace. As a result, employers are partly responsible whether the behavior of an employee is good or bad. Employers benefit from their employees performance (earning profits); therefore, they likewise have a liability if an employee’s behavior leads to harmful actions.

In addition, employers are subjected to professional liability as they are most probably going to be the party to pay damages to the injured individual. The objective of the legal system is to be fair to the injured party. If the employer is given the liability, then they are able to fulfill that objective.

Circumstances that Result to Professional Liability

There are many circumstances that present the probability of a professional liability claim against an employer. Some examples are: job-related accidents, out of scope hiring/retention negligence, and workplace harassment or other similar cases that violate federal law.

Job-Related Accidents

A job-related behavior that is approved by an employer is a negligent action that can lead to professional liability. In addition, regardless if the action is not unequivocally authorizing the action, it is still the employer’s responsibility as long as the employee performs the action within its scope of job.

This implies the legal differences between what is and what is not a job-related accident. Some job-related accidents are not considered as a liability lawsuit; they are qualified for a worker’s compensation claim.

Hiring and Retention Negligence

One illustration of hiring and retention negligence is when an employee performs a criminal action even if it is not job-related. The rationale for this is, the employer is negligent in hiring and retaining an employee with criminal record who may probably cause harm to other individuals. This happens when the background check done is not performed accurately.

Harassment in the Workplace

This is a challenging basis for employers’ professional liability. One cause of this is discrimination established on the basis of nationality/heritage, age, gender, or religion. In addition, reprisal on an employee for participating on other breaches of employment matters can result to a case on professional liability.

The information in this article is provided by Searcy, Denney, Scarola, Barnhart, and Shipley P.A., providing legal services in the field of Professional Liability. This article is not intended nor should be considered legal advice.

Details herein provided on behalf of Helmer, Paul, Conley & Kasselman, P.A. and is intended for educational and reference purposes only.

The O-1 Temporary Visa

The O-I Visa is granted to foreigners who can prove their “extraordinary ability” to US immigration; a three-year visa will be granted and can be renewed annually providing that the foreigner remains to pursue his field in the US. To attain this visa, the foreigner should submit a document proving that he or she has received a major international award, such as a Nobel Prize, or prove the ways to satisfy the legal criteria for “extraordinary ability;” three out of ten of these criteria should be fulfilled. Some of these criteria are: membership in an organization which requires remarkable contributions in their field; being a judge of other’s work in the same field; receiving a minor yet nationally/internationally recognized prize in the field.

The EB-1 Permanent Visa

When a foreigner with “extraordinary ability” would like to get a green card (that will eventually permit the foreigner to continue living in the US permanently and become a US citizen), the foreigner can submit an application for EB-1 Permanent Visa. The qualifications are similar with the O-1 Temporary Visa in terms of “extraordinary ability.” In addition to that requirement, the qualifications for green cards must also apply, which are: 1) a satisfactory medical exam and 2) full disclosure of former meeting with law enforcement officers.

The information in this article is provided by Helmer, Paul, Conley & Kasselman P.A. who provide legal services in the field of Immigration Law. This article is not intended nor should be considered legal advice.

Information provided by DallasJustice.com for educational and reference purposes only.

Physical contact is not required for an offense to be considered assault, but there must be a criminal act. In criminal cases, the act is deemed direct or overt. Another requirement is the intent, or purpose, to commit an assault against a person. Assault charges are possible if the person considers an act or actions from another person dangerous.

Types of Assault

Generally, there are three types of assault that can lead to criminal charges. Some state and local jurisdictions broadly define assault charges, which can cover numerous crimes.

Simple assault occurs when the accused attempts to cause bodily harm to another person. Aggravated assault occurs when the accused physically attacks another person, causing serious bodily harm. When sexual assault occurs, the accused commits acts of unwanted sexual contact such as rape, inappropriate touching, obscene telephone calls or child molestation.

Criminal Process When Facing Assault Charges

Generally, the criminal law process for assault charges consists of five to seven steps. Each step may vary depending on the severity of the case, local law and the plea of the accused.

Regardless to jurisdiction, the first step is an arrest by police based on a probable cause that a criminal act was committed. Based on the police report and supporting evidence, the prosecuting attorney determines if an assault actually occurs. If so, assault charges are filed against the accused.

Once charges are filed, a date is set for an arraignment, which is a formal charge against the accused in a criminal court. The accused, or defendant, makes his or her first appearance in court to enter a plea. Typically, the judge set bail for the defendant during the arraignment.

During the preliminary hearing, the judge considers evidence from the prosecuting and defense attorneys. The judge decides if the evidence is sufficient enough to support the charges.

The pre-trial conference gives the prosecutor and defense an opportunity to discuss the case. If there is strong evidence against the defendant, the attorneys might discuss a plea bargain. When the defense attorney has evidence that could prove the defendant’s innocence, the prosecutor might reduce or agree to drop the charges.

If an amicable agreement is not reached during the pre-trial conference, the case moves to a jury trial. The defendant is sentenced when the jury issues a guilty verdict. With a not guilty verdict, the defendant is free and cannot receive further prosecution for the same offense.

The information proved is not intended to substitute advice from a legal expert. Anyone who is a victim of assault or has been charged with a crime should consult with local authorities.

Based on the World Alzheimer Report 2010, Alzheimer’s Disease is affecting a large number of people across the world – not forgetting on individual households and their life savings. Without an apparent solution or options for this conditions in terms of a cure, will this situation get any better?

Dr. Daisy Acosta of Alzheimer’s Disease International reports, “This is a wake-up call that Alzheimer’s disease along with other dementias are the single most important health and social crisis of the Twenty-first century.”

Reports provide that dementia is increasing steadliy, and within the United States almost half the senior citizens over age 80 have this unfortunate condition. For additional information regarding details on how you can improve your abilities as a carer much better today, study our free Alzheimer’s Resource Guide, or call our office for options regarding how to pay for care.

How does this pertain to Medicaid and Medicare?

Medicare provides healthcare benefits for those over 65, the blind, as well as the handicapped; while Medicaid provides medical benefits for the poor.

It’s their main source of health benefit funding. Many seniors do not realize that Medicare does not pay for long-term care. Actually, it is excluded! The confusion is easy to comprehend because Medicare does pay for rehabilitation. So, if a senior citizen is enrolled in the traditional Medicare plan and is hospitalized for a stay of at least three days, and is then admitted into a skilled nursing facility, Medicare may pay – for a short while. But once those Medicare benefits hit 100 consecutive days, that is the maximum.

Often times, Medicare may not even pay out for the full 100 days. There ought to be a noticeable improvement in your state, or else Medicare may well determine that a longer term approach for care is in order, and they might cease paying benefits. Due to the fact that Parkinson’s and Alzheimer’s have no immediate solution in current times, rehabilitation is not possible, so Medicare will not likely pay for nursing home care should you have Parkinson’s or Alzheimer’s.

Unlike Medicare, Medicaid will pay for Alzheimer’s, Parkinson’s, or dementia-related diseases or a drop in functioning as a result of ageing. You have to, however, deplete every one of your resources (in addition to your wife or husband’s) before you will be eligible, that is unless you take steps to plan ahead to avoid nursing home poverty.

Medicaid is funded by both the federal and the state but is “managed” on the state level. The federal government handles between fifty to eighty percent in the program costs inside the state, and the state pays the rest. For that reason, rules can differ across states (also within the state itself) rather significantly. Also, the law permits you to make a plan to guard the home, retirement savings and spouse in order that they are not completely financially ruined if you go to a an elderly care facility.

So, as an individual can see, Medicare is health care insurance, and Medicaid is public long-term care protection, but often you will find levels in between that require examination and discussion. For more info ., download our free elder guide The Massachusetts Elder Guide to Medicaid, Nursing Homes and Asset Protection or watch Dennis Sullivan being interviewed about how to stop nursing home poverty on the national talk show, “Ask The Lawyer.”

To find out more about your alternatives, give us a call at (781) 237-2815; (800) 964-4295 (24/7) or sign up online to attend our free Trust, Estate & Asset Protection classes. You should be educated about your specific situation and with that you’ll require some straightforward, legal strategies to protect yourself, your spouse, as well as your life-savings for future years.

Elements of an Estate

Creating a will protects families and affirms final wishes. Without a will, the state of residence will make many decisions, leaving family members without a voice.

Setting up a living trust in addition to a will can minimize or eliminate the need for probate. Probate can be a lengthy and costly process, yet it is often required when no more than a will exists. Family members may need assets for support. Delays in distribution can create hardship, while court costs and attorney fees can rapidly deplete the available amount.

Designating a power of attorney and setting down medical directives can ensure affairs will be overseen and final wishes met should an individual become incapacitated or terminally ill. Once something happens, it may be too late to make these choices.

Taxes are an unavoidable feature of an estate. Amounts below designated levels won’t be subject to federal taxation, but for larger estates, planning and timely distributions can lessen taxed amounts; state inheritance laws must also be taken into account. Final tax returns for the estate and the deceased’s income are necessary for everyone, regardless of the estate’s size.

Instruments for Planning

Standard Will: The main purpose is to name a guardian for minor children, select an executor to carry out final tasks and to designate the distribution of assets. It’s standard protection.

Medical Directives: A health care proxy, a medical power of attorney and a living will cover eventualities from serious to terminal. These documents designate the level of care that’s desired, as well as for someone to make medical decisions and when to cease care.

Living Trust: Assets owned by a living trust can be distributed to beneficiaries without the need for probate. A living trust can benefit estates of any size, easing the ability to carry out final wishes. Similarly, life insurance, pension plans and retirement accounts pass directly to beneficiaries without requiring court intervention.

Other types of trusts and financial instruments can be set up under the living-trust umbrella to provide for heirs. Many options exist, including limited distribution of assets prior to death to reduce tax burdens. Estate planning in advance of need lessens the burden on loved ones and ensures final wishes are met.

For more information regarding Estate Planning contact New York Construction Accident Attorney

The information provided here is not intended as legal advice and should not be taken as such.

Individuals tasked with carrying out a deceased person’s Last Will are referred to as an Executor. They are responsible with handling all present and previous financial transactions made by the deceased individual. Tasks include distributing all of the deceased assets to all named beneficiaries in the Will.

 Pay all Debts

Executors are responsible for overseeing that all debts incurred by the deceased are paid. All expenses, fees and taxes during the process are cleared and expenses maybe charged from the person’s assets. Beneficiaries also have the option for paying existing debts and expenses to keep all assets intact.

Distributing the estate

When all debts and expenses are cleared, the executor is tasked with distributing all remaining portions of the deceased estate to all qualified beneficiaries stipulated in the Will.

Notifying all Beneficiaries

The Executor is responsible for locating and communicating with all individuals and entities in the Will.

Caretaker of the Estate

Executors are charged with taking care of all remaining assets, investments and properties of the deceased. Responsibilities include application of insurance and making sure that all beneficiaries are not unduly stressed while waiting for the Wills execution.

Location and Identification of all assets and liabilities

All remaining assets of the estate are accounted for and an estimate on the estates value is made after deducting all debts and liabilities. All properties values must be documented and recorded. 

Accomplish all Income Tax returns

Included in the deceased person’s debts and liabilities are outstanding income tax returns. Executors must accomplish all forms and clear all outstanding payments.

Setup Trusts

Tasks include setting up trust funds for beneficiaries under 18 years or those with mental disabilities or physical impairments which render them incapable of making decisions. These trusts require years of administration, sometimes covering the remainder of the beneficiaries’ life.

Helpful tools and information on Probate Law: Adrian Philip Thomas, Public Attorney serving people in For Lauderdale, Florida.

The National Institutes of Health (NIH) defines traumatic brain injury as damage caused by a strong external force, such as a blow to the head. This differentiates it from acquired brain injury, which comes from internal causes such as stroke or infection. In the United States and worldwide, TBI is a leading cause of death for people under age 45.

Common symptoms

TBI victims typically show the following symptoms:

• short-term loss of consciousness (post-traumatic amnesia or PTA)
• memory loss for the period immediately before or after the event
• a change in mental state, disorientation, confusion, or lightheadedness
• loss of function in one or more areas of the body due to decreased brain function
• loss of balance or coordination

Moderate or severe TBI may cause additional symptoms, such as:

• PTA lasting more than 24 hours
• a Glasgow Coma Scale (GCS) level of 8 or less
• loss of consciousness lasting more than 30 minutes
• dilation of one or both pupils
• impaired speech and muscle weakness

 Causes of injury

Most cases of TBI are the result of accidents. This can be a strike to the head by a heavy object, or the head striking a hard surface such as the floor. In the United States, falls are the leading cause of TBI, accounting for 28% of cases. This is followed by motor vehicle accidents (20%), head strikes (19%), violence (11%), and bicycle accidents (3%).

Although medical causes are excluded from the definition, TBI can also be caused by non-external forces. The most common is whiplash, wherein the brain undergoes rapid acceleration and deceleration without any external stimulus. Motor bicycle accidents, particularly when the vehicle is hit from the rear, are the leading cause of whiplash-induced TBI.

Diagnosing TBI

TBI is usually diagnosed through routine neurological exams, magnetic resonance imaging (MRI), computed tomography (CT) scans, and electroencephalograms. However, since TBI does not always manifest as a medical emergency, some patients do not undergo these tests until a later stage. For legal purposes, the symptoms preceding the test, as well as the particulars of the accident, are taken into account to establish the existence and severity of TBI.

This article is for informational purposes only and is not intended as legal advice.

For more information: Law Offices of Elan Wurtzell, P.C. Serving clients in Plainview, New York

• a vehicle that has been sitting unused for a few days will need to be checked for insect nests in its fuel vent prior to driving. An insect nest will block the fuel vent and cause the vehicle to appear as if it is out of gas.
• Finally, here’s a big one. Always make sure that the vehicle’s brakes are check often. When applying an 18-wheeler’s brakes and vibration is felt or a squealing sound is heard, then it’s time to check the brakes. Poorly maintained brake systems will not only result in vehicle downtime – but it can result in a serious accident, as well.

These suggestions represent some of the things that a driver can do to properly maintain a vehicle. But it doesn’t stop there. Materials that are used to secure a load must also be checked as well as engine performance via regular tune ups. Truck accident statistics demonstrate the need to adhere to strict standards, when it comes to performance and vehicle condition. Some related truck accident statistics:

• The National Highway Traffic Safety Administration (NHTSA) reported in 1998, that 13% of all traffic deaths involved large trucks. Out of these fatalities, 78% were occupants of a vehicle other than the truck.
• Of the trucks that have received out-of-service violations, over 1/3 of them had brake-related issues. (reported by the Federal Highway Administration, in 1998)
• Combining a poorly maintained vehicle with fatigue can be a deadly combination. Federal regulations will allow a truck driver to drive up to 16 hrs. a day. However,
• Federal regulations allow drivers of large trucks to drive up to 16 hours a day. However, drivers can accumulate 60 hours in less than 5 days by alternating 10 hours of maximum allowed continuous driving with the minimum 8 hours non-driving time.

Please note that this article is for informational purposes only and is not intended as legal advice.

Truck accidents due to lack of maintenance can have many serious and long-term effects. If you’ve been involved in a recent truck accident, you may wish to contact College Station truck accident lawyers Todd Elias and Steven J. Gordon at their office in Houston, Texas.

Negligence
Negligence is the most common basis of compensation claims. If the accident is shown to have come from unsafe working conditions, one can sue his or her employer for negligence. Under workers’ compensation law, employers are liable based on strict liability: as long as safety standards are breached, the company will be considered negligent and will have to pay the damages due.

However, if one is found partially responsible for the accident—for example, he or she wasn’t wearing the recommended safety gear—claims based on negligence may be reduced or even waived. Many insurance companies will try to establish partial fault to reduce the settlement amount, but the victim’s negligence must be clearly proven.

General and special damages
As with most cases of personal injury, damages in construction accidents are usually classified as general or special. General damages refer to compensation for abstract losses, or those that don’t have given monetary values. Examples include physical pain, mental or emotional distress, humiliation, and loss of consortium. In court, these damages are usually determined by the jury based on investigation and expert testimonies.

Special damages, on the other hand, are easier to put in numbers. They include losses whose values can be calculated, such as lost property, medical bills, lost earnings or earning capacity, and transportation fares. Claimants are usually advised to keep receipts and bills in hand throughout the period of the injury to aid in verification.

Intention
While workers’ compensation holds the employer liable regardless of intent, there are rare cases where the accident is shown to be intentional or reckless—the employer knew of the dangers of the task and did not do anything about them. In this case, the victim can file for punitive damages. Unlike general and special damages, punitive damages are not meant to replace losses; rather, they “punish” the negligent employer and discourage them from repeating the offense.

This article is not intended as legal advice.
Learn more about construction accident claims at The Barber Law Firm. Serving clients in the Greater Dallas area.