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Legal Articles Index The newest articles are are towards the bottom of the page. (high number)
Legal-1201 Word Count: 298 Why is an Estate Plan Necessary?
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here are many complex laws that govern the employer-employee relationships as well as the provisions requiring reporting or record-keeping. The more employees you have, the more such laws apply, and the more likely the employer is to inadvertently violate a law due to not knowing the requirements.
Here are two of the laws of interest:
At-will employment defines the employment relationship in many states. Under this approach, the employer and employee both may terminate the employment relationship for any reason or no reason at all, just so long as the reason is not illegal or otherwise prohibited by law, such as discrimination. Without an express or implied agreement of employment, employees are usually considered "at-will."
Consolidated Omnibus ...
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Legal1212
Word Count: 246
Don’t Ban Islamic Headscarves Due To ‘No Hats’ Rule
Unless you can point to a safety rule or some other solid business reason, it’s wise to allow women to wear religious headscarves (or hijabs) in the workplace. Title VII requires employers to accommodate employees’ religious-related attire unless it would cause an “undue hardship” to the organization. Two legal actions illustrate the risk:
Case #1: A supervisor at a Virginia Jiffy Lube told a female Muslim employee that she couldn’t wear her headscarf in the workplace due to the company’s “no hats” policy. After she voiced a complaint, a national Islamic civil rights group, the Council on American-Islamic Relations (CAIR), intervened. Jiffy Lube officials then agreed to allow the headscarf and apologized to the employee.
Case #2: Alamo Rent-a-Car allowed a Somali-born female employee to wear her headscarf during Ramadan in 1999 and 2000. But when she began wearing it in ...
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Legal1213
Word Count: 249
Owning Real Estate And Knowing Your Restrictions
If you own real estate property make sure you are familiar with the state, local, and federal laws and understand any restrictions that may apply.
Here are the three most common restrictions:
legal1214
Word Count: 379
More Employment Laws You Should Know
In our last newsletter we wrote about a couple of the complex laws that govern the employer-employee relationships as well as the provisions requiring reporting or record-keeping.
Here are a few more that you should take notice of:
Age Discrimination in Employment Act ("ADEA") is a federal law that protects older employees (those over the age of 40) from employment discrimination on the basis of age. Only employers with more than 20 employees are required to comply with ADEA. The Americans with Disabilities Act (ADA) prohibits discrimination against any disabled employee or applicant who could, with or without a reasonable accommodation of that disability, perform a job. The act also requires an employer to provide accommodation, such as modified work hours or duties, or special equipment, if such an accommodation is not "unduly burdensome" and is necessary to help the disabled employee perform his or her job.
Pensions, benefits and compensation are governed by an array of laws, including the Employee Retirement Income Security Act, the Fair Labor Standards Act, and laws such as COBRA, which requires an employer to continue some forms of employee insurance coverage for a period of time after the employee has been terminated. Some employment benefits are also mandated by state or federal law, such as Social Security, unemployment compensation, and workers' compensation.
Wrongful termination or discharge refers ...
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Legal1215
Word Count: 121
Do contracts for the sale or purchase of commercial real estate have to be in writing?
Yes. A real estate agreement that consists only of an oral understanding and a handshake will not be enforced by a court. An ancient law called the Statute of Fraud requires that real estate sales contracts be in writing.
A contract does not have to be very fancy to be valid. If it describes the property and the price, it usually will be enforceable in court. Obviously, however, it is not a good idea to ...
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Legal1216
Word Count: 213
What are the risks in owning real property?
There are many risks inherent in owning real property. Some of the more common include:
(1) Liability for violation of zoning ordinances.
(2) Liability for environmental hazard clean-up.
(3) Liability to others who are injured on the property.
(4) Liability to others who are injured by the property (such as an uphill landowner is responsible when his land slides onto a downhill landowner's property).
(5) Liability ...
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legal1217
Word Count: 334
What Is “Gift Causa Mortis”?
Property Law
Gift Causa Mortis is a gift given to another person because the donor thinks they are going to die soon. They must not only believe they are going to die, but also be in serious danger of death. For example, the donor may be going into surgery and not be expected to live. (Not a hypochondriac)
Courts are suspicious of these types of gifts because claims of gift causa mortis have been used to defraud the legitimate heirs.
In order for the gift causa mortis to be recognized and effective it must meet these qualifications:
• The donor must ...
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Legal1218
Word Count: 389
Landlord And Tenant Liability For Injuries Caused By
Hidden Dangerous Conditions
by Bob Miles
If you're a landlord, what risk of liability could you face for "latent defects" (dangerous conditions that are hidden or not obvious) on your property? What about if you're a tenant?
If you're a landlord, you can be sued by your tenant injured by a latent defect on the rented premises if you knew about it but didn't tell him (if you want to sound like a lawyer, the legalese translation here is "fraud by omission"). Once you've told him about it however, then depending on the circumstances you're not necessarily required to actually fix the condition in order to avoid being sued (sometimes you are, sometimes you're not - it can get complex).
What if you fail to closely inspect the rental property and thus fail to discover a latent defect? If the tenant is injured by it, are you liable? The short answer is, not in most states, but be careful where you live. The reasoning here is that the tenant is in just as good a position as the landlord to inspect the property.
Then there are the more ...
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Legal1219
Word Count: 112
Buying - Selling A Home
Discrimination
Are there housing protections?
Yes. The Federal Fair Housing Act prevents discrimination on the basis of race in the sale or renting of housing. This law applies to anyone who is selling or renting real estate or housing. It is also unlawful to "steer" residents of a certain race to a neighborhood in which people of the same race live.
Some state and local laws have added impermissible grounds for discrimination. For example, some prohibit landlords from refusing to rent to prospective tenants with children or an animal(s) or below a set age. Others have legislated extra protection for those who are blind, disabled or students.
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Legal1220
Word Count: 346
What Is An Attested Will?
An attested will, which is a witnessed will, is the most common type of will. While each state has its own formalities which must be followed to create a legally valid attested will, the general requirements are that an attested will must be in writing, must be signed by the person whose will it is, and must be witnessed and signed by those witnesses.
Most states interpret the requirement that you must sign your attested will rather broadly, so that it includes any actions which you usually use as your signature. Thus, you can sign with your full name, initials, a nickname, use a typed or stamped name, or even use a fingerprint or the letter “X” and this will be considered a valid signature if that is what you intended. In addition, states generally allow the signature to be made by proxy, where somebody else puts a signature on your will at your direction and in your presence. For example, this is how someone physically disabled could meet the signature requirements. As for the location of the signature, while some states require the signature to appear at the end of the documents, others are silent on the matter.
With regard to the requirement that ...
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Legal1221
Word Count: 82
Who Should Have An Estate Plan?
You should have an estate plan if:
(1) You are the parent of minor children
(2) You have property that you care about
(3) You care about your health care treatment.
If you do not have minor children, do not care about your property, and have no concerns about your health care treatment, then you do not need an estate plan. But if you meet any of these categories above, you should have an estate plan.
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Legal1222
Word Count: 430
What Documents Do You Need To Create An Estate Plan?
Several of the following documents are typically used as part of the estate planning process:
(1) A Will, sometimes called a "Last Will and Testament", to transfer property you hold in your name to the person(s) and/or organization(s) you want to have it. A Will also typically names someone you select to be your Personal Representative (or "Executor") to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate.
(2) A "Durable Power of Attorney for Health Care" or Health Care Proxy appoints a person you designate to make decisions regarding your health care treatment in the event that you are unable to provide "informed consent".
(3) A "Living Will" or "Directive to Physicians" is an advance
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Legal1223
Word Count: 103
Holographic Will
A holographic will is a will which has been handwritten by its creator.
A holographic will can also be an attested will, if the creator meets the other requirements of an attested will. However, if the will is being handwritten (as opposed to typed, which is how most wills are prepared these days), the requirements for it to be a valid will are somewhat more lax than the requirements for an attested will. Specifically, many states do not require a holographic will to be witnessed at all.
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Contact us for additional explanation
Legal1224
Word Count: 58
Do You Need a Codicil?
A codicil is any document which supplements or amends a will. This may explain provisions of the will, add new provisions, subtract or alter current provisions, etc.
For a codicil to be valid, it must generally meet the same requirements of a legally valid will.
Ask us today if you need a codicil.
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Legal1225
Word Count: 89
Do You Know Which Of Your Employees Are Entitled To Overtime Pay?
In certain cases, based upon the employee’s position and/or experience, an employee making up to and possibly over $100,000/year may be entitled to overtime!
Last summer, the Fair Labor Standards Act was revamped, and it now provides increased threshold salary caps before the overtime exemption kicks in.
How to avoid a problem: To ensure that you know which employees are entitled to overtime, re-visit your employee policies, agreements and handbooks and familiarize yourself with the new requirements.
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Legal1226
Word Count: 288
Is an employer limited in its ability to fire an employee?
Although employment is presumed to be "at will" (meaning that the employer may fire the employee for any reason, or no reason at all), this at-will presumption is limited by a number of competing rules.
An employer may not fire an employee for discriminatory reasons, such as because of his or her race or sex. The employer also may not fire the employee because the employee has engaged in a protected activity.
Protected activities include complaining of harassment, discrimination or another violation of the law, filing a lawsuit against the employer claiming discrimination, filing a workers' compensation claim, or participating in an investigation of the employer by an administrative agency such as the Equal Employment Opportunity Commission or the Environmental Protection Agency.
An employee who can show that ...
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Legal1227
Word Count: 264
Where There Is A Will,
There May Not Be A Way
Q: My late father left his home to me in his will. However, the attorney for my father's estate said my step-mother has rights to the house. How can this be possible?
A: A common mistake in estate planning is the failure to realize that a will does not control the disposition of real estate under the following circumstances:
Right of Election. Regardless of what your father's will stated, your step-mother has the right to file a "right of election" as surviving spouse. She is entitled to the greater of $50,000.00 or one-third of your father's estate and any transfers he made within one year prior to death. However, she would have waived her right-of-election only if she had signed a valid prenuptial or antenuptial agreement; she had abandoned your father or failed to support him.
Life Estate. If your father deeded the house to your step-mother and ...
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Legal1228
Word Count: 253
Neighbors Sued for Harassment
A couple subjected to anti-Semitic harassment by members of their homeowners' association can seek damages under the Fair Housing Act. The couple owned a home in a subdivision managed by a homeowners' association. One of the plaintiffs is Jewish. The homeowners' association president wrote anti-Semitic graffiti on the side of their home and vandalized their property. Members of the homeowners' association obstructed their efforts to investigate the vandalism. The couple sued the homeowners' association under the Fair Housing Act which makes it unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of the rights provided under that act. The association argued that the act only prohibited conduct that interfered with a person's right to acquire or hold property, and that the plaintiffs could not state a claim based on harassment when such conduct did not force them to move. However, the U.S. Court Appeals, ...
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Legal1229
Word Count: 295
Military Servicemember's Rights
The Servicemembers Civil Relief Act (SCRA) replaced the Soldiers' and Sailors' Civil Relief Act (SSCRA). The purpose of the law is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of service members during their military service which include some of the following protections:
PROTECTIONS AGAINST DEFAULT
In a civil action or proceeding and in Surrogate Court proceedings, in which the defendant or beneficiary has not made an appearance, and he or she is in the military, the court may not enter a judgment until after the court appoints a guardian ad litem to represent him or her. The court may grant a stay for at least 90 days. If the period of the stay has elapsed, the service member can request an additional stay. If the court refuses to grant a stay, it must appoint a guardian ad litem to represent the service member.
EVICTIONS
Without a court order, a service member or dependents cannot be evicted when the ...
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Legal1230
Word Count: 110
What Are Anti-Lapse Statutes?
Most states have so-called anti-lapse statutes which dictate what happens to property when a will says the property should be distributed to someone who has already died. In some states, these anti-lapse statutes are rather narrow, only applying to intended will beneficiaries who were descendants to he deceased. Others are broader, covering many other family members. In general, where these anti-lapse statutes apply they say that the property should be passed down to the descendants of the now deceased original beneficiary. However, the specifics of any given anti-lapse statute vary state to state, so you should review your state’s probate code to find out more ...
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Legal1231
Word Count: 203
Nursing Home Pays For Not Honoring Living Will
A Florida jury has found that in trying to keep a 92-year-old Alzheimer's patient alive, a nursing home failed to honor the patient's living will and advance directive and must pay $150,000 in damages.
The jury determined that the nursing home had breached its contract with the patient by not honoring her wish that she not be sustained by artificial means. When the patient suffered a seizure, the nursing home called rescue workers. She was rushed to a hospital, where she died six days later, but not before a number of lifesaving measures were tried, including the insertion of a breathing tube in her throat.
Do-Not-Resuscitate Orders - are a direction not to revive a patient if his/her breathing or heartbeat stops, e.g. mouth-to-mouth resuscitation, chest compression, electric shock, open heart massage or injecting a heart with medication.
In another recent court case, a patient's estate was allowed to sue a ...
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Legal 1232
Word Count: 311
What tax advantage do I get by owning real property?
The major advantage to owning real property comes from the availability to deduct the interest of a home mortgage and a home equity loan. In order to qualify for an income tax deduction for interest paid on a mortgage:
(1) "acquisition indebtedness" incurred in acquiring, constructing or substantially improving a qualified residence secured by the residence, is subject to a $1,100,000 aggregate loan amount limitation
(2) "home equity indebtedness" (other than "acquisition indebtedness") secured by a qualified residence to the extent that the amount of the loan does not exceed the fair market value of the qualified residence reduced by the amount of the acquisition debt, subject to a $100,000 aggregate loan amount limitation.
(3) "qualified ...
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Legal 1233
Word Count: 264
Taxes, Gifts, and the Law
Ø What is considered a gift?
Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.
Ø Who pays the gift tax?
The donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead. Please visit with your tax professional if you are considering this type of arrangement.
Ø What can be ...
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Legal 1234
Word Count: 137
What are letters testamentary?
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nce a personal representative has been appointed and qualified by the court to handle the deceased’s estate, the court clerk will issue documents which note that this individual has been appointed by the court as the personal representative and that they are qualified to carry out their duties and responsibilities. In other words, these documents can be used by the personal representative as evidence of their role while trying to handle estate affairs. Where the estate is being distributed pursuant to a legally valid will, these documents are known as letters testamentary. When there is no such legally valid will, and the estate is being distributed pursuant to state intestacy statutes, the documents are known as letters of administration.
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Legal 1235
Word Count: 169
AB Trusts
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f you are married and have grown children, the best and most popular way to avoid estate taxes is probably through an AB Trust, or a marital life trust. In an AB Trust, the spouse put their property in a trust, and when one spouse perishes, his or her share of the property goes to the children. However, the surviving spouse still gets the right to use the trust for the rest of his or her life. Then, when the second spouse perishes, the entire trust goes to the children outright. In this situation, probate taxes can be avoided.
However, AB Trusts can be tricky because they control the property sometimes for many years after the first spouse has deceased. For instance, if one spouse perishes, and the surviving spouse lives for 30 more years and remarries during the interim, or even has additional children, the assets of that AB Trust still fall according to the rules of the trust when the first spouse has perished.
Legal 1236
Word Count: 189
Employment Laws Your Should Know
Adverse Employment Action is any action taken by an employer that negatively affects an employee's job, for example, demotion, firing, discipline or failure to promote. In most employment discrimination cases, the employee will have to prove that the employer took some sort of adverse employment action in order to win.
Affirmative action includes efforts by employers to remedy past discrimination in the workplace or an industry by making a special effort to hire women or members of certain minority groups. Most private employers are not required to conduct affirmative action, and in fact, may violate the law by doing so. Government
Legal 1237
Word Count: 147
Sister Names Herself Beneficiary with Power of Attorney
A woman executed a durable power of attorney making her sister her agent. The sister used the power of attorney to make herself the beneficiary of the woman's $50,000 life insurance policy, revoking the beneficiary status of the woman's children and grandchildren. When the woman died, the children and grandchildren argued that the terms of the power of attorney did not authorize the sister to change beneficiaries. The court ruled that the power of attorney was sufficiently explicit stating that the sister had the authority to "transact all insurance business" and "to take any other action in this regard". However, the court's ruling did not preclude the original beneficiaries from suing on the grounds that the woman originally lacked the mental capacity to execute the ...
Legal 1238
Word Count: 151
Housing Discrimination Cases
A landlord violated the Fair Housing Act by maintaining a policy of requiring prospective tenants to divulge mental health information and, on occasion, to make their mental health records available as part of the tenancy application process. Pursuant to the consent decree, the landlord paid a $40,000 settlement.
A black tenant and her family were repeatedly harassed from the first day they moved in. Their neighbor spewed racial epithets and banged on the walls. This forced them to move elsewhere. Although they complained to their landlord, he did nothing to alleviate the situation. The landlord appeared sympathetic to their plight, but failed to take any action. He suggested that the tenant call the police (which she did numerous times) and the NAACP, but specifically told the tenants that he did not want to get in the middle or "take sides." A $15,500 judgment was rendered against the landlord.
Legal 1239
Word Count: 155
What Is Cy Pres?
Within the context of wills and estates, cy press is a doctrine that comes into play when someone’s will leaves a charitable gift, but that gift can’t be given for some reason (for example, where the charity that was to receive the gift no longer exists, where the charitable purpose is illegal or where the charitable purpose has since been accomplished). In this situation, the purpose of the cy pres doctrine is to preserve the charitable purpose of the gift, and a court will apply the doctrine by finding a similar charity or charitable purpose to give the gift to.
Within the context of trusts, cy pres is one of the two ways that a court can
Legal 1240
Word Count: 177
What Is A Deviation?
Deviation is one of the two ways that a court can modify a trust (the other way being via cy pres). Such a modification of a trust occurs when there has been a change in some situation and the court determines that the settlor (the person who originally established the trust) would have been ok with the proposed modification. This arises most often when the original reason for the trust has been accomplished, where the purpose of the trust has since become illegal, where the goal of the trust can no longer be achieved, or because of some other unanticipated situation which means that continued compliance with the trust would go against the settlor’s original purpose.
When the court is prepared to modify the trust, it can do many things with its deviation powers. For example, it can modify the terms of the trust, grant new powers to the trustee or even limit the trustee’s previous powers. The court can also choose to terminate the trust if no other reasonable deviation makes sense.
Legal 1241
Word Count: 117
What Is Escheat?
When someone dies intestate (without leaving behind a legally valid will) and the state intestacy statutes do not apply (for example, where there are no surviving relatives), the deceased’s property will go to the state government through a process known as escheat. Escheat simply means that property goes to the government of the state in which the property is physically located. So if someone died intestate in Colorado, with no living relatives, his house in Colorado would go to the Colorado state government. If he also owned property in Montana, that property would go to the Montana government as a result of the escheat process, even though the deceased lived and resided in Colorado.
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Legal 1242
Word Count: 310
Employment Laws Your Should Know
Adverse Employment Action is any action taken by an employer that negatively affects an employee's job, for example, demotion, firing, discipline or failure to promote. In most employment discrimination cases, the employee will have to prove that the employer took some sort of adverse employment action in order to win.
Affirmative action includes efforts by employers to remedy past discrimination in the workplace or an industry by making a special effort to hire women or members of certain minority groups. Most private employers are not required to conduct affirmative action, and in fact, may violate the law by doing so. Government employers and contractors, in contrast, are often required by law to institute affirmative action programs.
Bona fide occupational qualification ("BFOQ") is a job requirement, such as a specified age or sex, or the ability to lift a certain weight, that is potentially illegal because it excludes a protected class of people, but which is proven to be in good faith and legal under the circumstances. The successful use of a BFOQ defense is rare.
What is the Right to Know Law?
The Right To Know Law is an ...
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Legal 1243
Word Count: 253
“How to protect yourself from credit card fraud”
When another person succeeds in using your credit information to commit credit fraud, it can cause a lot of hassle in your life. So how do you protect yourself?
Here are a few tips on how to avoid becoming the victim of this type of crime:
s Periodically review your credit reports. There are three main credit bureaus. Order your credit report from each of them at least once a year. Request copies of your credit report from TransUnion (800.680.7289), Experian (888.397.3742) and Equifax (800.525.6285).
s Properly discard documents. Cut up, shred or otherwise destroy credit card statements, bank statements, pre-approved credit offers or any other documents that contain your personal information. Destroy credit card receipts, too.
s Limit identification pieces. Carry only essential identification pieces in your purse or wallet, backpack or car. Do not carry your Social Security card or your birth certificate with you unless absolutely necessary.
s Limit the number ...
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Legal 1244
Word Count: 404
IRS Warns of Phony E-Mails Claiming to Come from IRS
WASHINGTON — The Internal Revenue Service alerted taxpayers about Internet scams in which fraudulent e-mails are sent that appear to be from the IRS.
The e-mails direct the consumer to a Web link that requests personal and financial information, such as Social Security, bank account or credit card numbers. The practice of tricking victims into revealing private personal and financial information over the Internet is known as “phishing” for information.
The IRS does not send out unsolicited e-mails or ask for detailed personal and financial information. Additionally, the IRS never asks people for the PIN numbers, passwords or similar secret access information for their credit card, bank or other financial accounts.
The information fraudulently obtained by scammers is used to steal the taxpayer’s identity and then his or her financial assets.
In the on-going e-mail schemes ...
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Legal 1245
Word Count: 200
Employment Laws You Should Know
Employee Retirement Income Security Act (ERISA) governs how private employers must manage employee benefit plans, such as pension funds, health insurance, and disability benefits. ERISA sets certain limitations on the way the funds in such plans may be invested, and prohibits an employer or plan administrator from wrongly refusing to provide plan benefits, such as refusing to pay disability benefits to a plan participant who is truly disabled.
Employee rights include the right to privacy and to be reinstated to work under certain circumstances if the employee serves with the military. It also limits on an employer's right to conduct a background or credit check, garnish employee wages, or require an employee to take a polygraph test.
Employment contracts include written agreements signed by the employer and employee, as well as "implied" contracts created by employee handbook terms or verbal agreements. An employment ...
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Legal 1246
Word Count: 321
Estate Planning and Probate Law
The death of a loved one can be a traumatic event, and as a result, the process of dividing their remaining assets and property can be an emotional one. In the interest of propagating as smooth a process as possible, it’s crucial to set clearly defined expectations for how the process will unfold.
Probate court is a necessary step in that process. The purpose of probate is three-fold: to identify the property, to appraise the property, and to pay taxes and any creditors with the assets derived from that property. There are two different ways in which the process is handled, depending upon the presence (or absence) of a will:
· If there is a will, an executor will oversee the process.
· If there is not a will, a court-appointed representative will oversee the process.
In the case of an executor ...
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Legal 1247
Word Count: 123
What is a conditional will?
A conditional will can be an attested will, a holographic will or a nuncupative will. Any of these become a conditional will when the gifts in the will are conditioned on some event occurring or on whether some fact is true or not. For example, my will would be conditional if it said “if I die of cancer, this is my will and I want half of my estate to go to charities for research and the other half of my estate to go to my spouse.” This will would only be effective if I did, in fact, die of cancer. If I died by any other means, and did not have any other wills, intestacy would apply.
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Legal 1248
Word Count: 190
What is tenancy in common?
“Tenancy in common” is one of the ways that people may own property together. For example, in most states, if you give away your property to two other people, unless you specify otherwise, they will own that property by tenancy in common. This form of ownership means that each so-called tenant-in-common has full rights to use and enjoy the property while they are alive. When one of the owners dies, their share in the property goes through their estate, via a will or state intestacy statutes. This differs from some other forms of joint ownership of property where there is something called survivorship, which means that the other owners get the dead owner’s interest. The impact of this point is that simply owning a property by tenancy in common does not remove the property from your probate - instead, you have to make an inter vivos transfer or give away the future interest.
This same distinction ...
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Legal 1249
Word Count: 217
Inter vivos transfer
An inter vivos transfer is a transfer of property made between living people. For example, where you give someone a flat-out gift of property, that is an inter vivos transfer and that property would not be part of your probate estate when you die because, obviously, you no longer own it. More specifically, a gift of property will count as an inter vivos gift if:
(1) you intended to give the gift, voluntarily, to another person;
(2) your giving of the gift was gratuitous, meaning you received nothing in return for it;
(3) you actually gave the property to another person; and
(4) that other person ...
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Legal 1250
Word Count: 59
Real Estate Law:
What is a quitclaim deed?
A quitclaim deed transfers or "releases" to the transferee whatever present right or interest the grantor has in the described property. Unlike a grant deed, a quitclaim deed carries with it no express or implied covenants. Thus, if the grantor holds no interest in the property, a quitclaim deed conveys nothing.
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Legal 1251
Word Count: 213
Typical restrictions imposed by law on owning real property.
There are many federal, state, county, and local laws which may restrict what you can do with the property that you own. Enforcement of these laws typically resides with agencies which are responsible for keeping you in compliance with these laws. The three most common restrictions imposed by government are:
(1) zoning - restriction on the use of the property as to residential, industrial, agricultural, or commercial purposes are very common. The size and height of improvements attached to the property are likewise subject to restriction.
(2) environmental hazards - what ...
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Legal 1252
Word Count: 665
What Homeowners’ Insurance Can Do For You
So—you already know you should have homeowners’ insurance. But what type should you have?
As you might expect, the answer to that question is a reflection of your unique situation and your individual needs. That’s why an assessment of both beforehand is critical to ensuring that you select and purchase the correct policy. Homeowners’ insurance can help you in two distinct ways:
• It can help you to pay for damage to your home, or the items and possessions inside your home, in the event of fire, theft, or some other misfortunate occurrence
• It can help you to pay for injuries suffered by other people who were on your property at the time they suffered the injury
Choosing your coverage
With that in mind, there are different types of homeowners’ insurance, each designed to address a particular risk or concern. The main types of policies are listed below, along with a small description of what they offer.
• Contents coverage (basic policy)—This one is pretty much self-explanatory. The policy covers ...
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Legal 1253
Word Count: 46
What is an executrix?
When a person dies and leaves behind a legally valid will, the person in charge of handling the administration of that will, the so-called personal representative, is known as the executor, when they are male, or the executrix, when they are female.
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Legal 1254
Word Count: 83
What is a declaration of trust?
A declaration of trust is one of the two ways that an inter vivos trust, also known as a living trust, can be set up. A declaration of trust is where the person setting up the trust (the settlor) wants to retain legal title in the property, so they make themselves the trustee, giving the equitable title to someone else.
The other way an inter vivos trust can be set up is by a transfer in trust.
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Legal 1255
Word Count: 544
The Complexities of Disinheritance Law
The act of attempting to disinherit somebody can be a complex and tricky proposition, one that depends upon a number of different factors. Among those factors are where the person wanting to do the disinheriting lives (specifically which state in which they live) and who they want to disinherit.
More than likely, the two people that somebody would be most interested in disinheriting are either
1.) their spouse, or
2.) their child. (After all, everybody else in the world is automatically excluded unless specifically mentioned in the will.)
We’ll pretend, for a moment, that you are the person attempting to disinherit someone. Let’s start at the far end of the spectrum—a scenario in which your spouse will receive half of your assets, no matter what. This would happen if you live in a community property state. Of course, you can leave your half of your assets to whoever you’d like to leave it to . . . but your spouse is getting the other half.
Okay, but suppose you don’t live in a community property state? Then what? Unfortunately for you, these states still stipulate that your spouse is entitled to a least a portion of your estate, and they’re entitled to it regardless of whether or not you mention them in your will. In fact, it would be in your best interest (if you truly want to control what your spouse receives and what they don’t) that you do mention them in your will. In essence, “leaving them out” out of your will doesn’t actually leave them out. See how complex this can be?
The first step is to know what your state stipulates in the area of disinheritance law.
The second step is to make sure ...
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Legal 1256
Word Count: 491
The Power of a Power of Attorney
A Power of Attorney, or POA, can be a very useful legal tool. However, it’s important to have an understanding of the different types of POAs and what each one can do for you.
Let’s approach a Power of Attorney in the broadest sense first. A POA is a legal form designed to allow somebody to appoint another person to act legally on their behalf. In such a situation, the person who creates the POA is called the “principal,” while the person appointed to act on their behalf is termed the “agent.”
There are a number of reasons why a person would draw up a POA. However, one of the most common involves a senior citizen who is afraid of eventually becoming physically or mentally incapacitated. That person might give one of their children Power of Attorney over their affairs. It’s recommended that people draw up a POA at the same time they’re doing their estate planning, although it often doesn’t enter people’s minds until they reach a certain age. This can prove to be unfortunate if something disastrous happens, such as an accident that leaves a person just as debilitated (or even more so) than a person struggling through the latter stages of life.
There are four main types of Power of Attorney.
They’re listed below, along with a short description of each.
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Legal 1257
Word Count: 403
Do Tenants Have the Right to Smoke?
On the surface, whether or not tenants may smoke in their apartment appears to be a murky subject (or hazy, if you prefer). In reality, it is not.
Tenants have sued for the right to smoke cigarettes, and they’ve failed to do so
successfully. The reason is rooted in the harm that can be caused by second-hand smoke. According to the U.S. Surgeon General, there is no level of exposure to second-hand smoke that can be considered “risk-free.” Even the smallest cracks and crevices allow smoke to travel throughout an entire building, where it can have an effect on other tenants.
Now let’s look at this issue from another perspective. Tenants don’t have the right to smoke, but can landlords allow them to smoke? Yes, they can, although there might come a day when all apartments are required to be smoke-free. However, there are many reasons why landlords shouldn’t allow smoking. Most of them stem from the fact that it makes bad business sense, from both a financial and a legal standpoint.
· A tenant can break their lease if they live in an apartment with other smoking tenants. They can break it for breach of the warranty of habitability and for breach of the warranty of quiet enjoyment.
· A broken lease is ...
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Legal 1258
Word Count: 285
Employment Laws You Should Know
There are a plethora of complex laws that governs the employer-employee relationship with many provisions requiring government reporting or record-keeping. The more employees an employer hires, the more such laws apply to it, and the more likely the employer is to inadvertently violate a law simply because it is unaware of its requirements. Here are some of the laws and terms relating to those laws:
Health Information Portability and Accountability Act ("HIPAA") is a federal law that protects confidential medical information belonging to all individuals. In the employment context, HIPAA means your employer may not have access to your confidential medical information unless it is necessary for the business (i.e., your employer views the results of a drug screening test to ensure workplace safety, or you submit medical certification to your human resources department to confirm your eligibility for FMLA leave).
National Labor Relations Act ("NLRA") is a federal law that regulates ...
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Legal 1259
Word Count: 149
Are Sobriety Checkpoints Legal?
DUI Law
Yes. Police do have the right to set up sobriety checkpoints, so long as the checkpoint is constitutional. What makes a checkpoint constitutional? The police officers must treat every car and driver the same. Thus, the police can pull over every single car that goes through the checkpoint, or even every fifth car. The police cannot, however, randomly choose who they can and can not pull over based, for example, on the make of the car or the ethnicity of the driver.
Again, going back to the initial stop of the driver – outside of the checkpoint context – a police officer needs reasonable suspicion to pull over the driver. The officer ...
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Legal 1260
Word Count: 278
How To Prepare Your Funeral Arrangements.
Final Disposition
It is important to have a Will, Living Will, Estate Trust, Durable Power of Attorney for Health Care, etc… but did you know that it is a good idea to have a final disposition document prepared too?
This final disposition document should detail your funeral arrangements and what to do with your remains. Even if you have this information in your will, you should have this document handy for your loved ones. Mostly because often a Will is not discovered until several weeks after your death, leaving your loved ones to make tough decisions in this already difficult time. Letting them know your wishes will save them time, many discussions, and maybe some arguments between each other.
If you do not leave a final disposition document, state laws will determine who will make the decisions on how your remains are handled. Typically the order is: ...
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Legal 1261
Word Count: 163
Nursing Home Verdicts
These are recent verdicts for residents against nursing homes:
s Undetected gastrointestinal bleeding led to resident death (Bernalillo County, New Mexico District Court, $54,000,000).
s 93-year-old resident choked to death after nurse's aide gave him the wrong meal (Waterbury County, Connecticut Superior Court, $3,400,000).
s Resident suffering from dementia drank lye that was left on kitchen counter and sustained burns of his airways (Kings County, New York Supreme Court, $3,000,000).
s Nursing home did not prevent resident's pressure ulcers and did not ...
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Legal 1262
Word Count: 185
New Reverse Mortgage Law
The Housing and Economic Recovery Act of 2008 made changes to reverse mortgages effective October 1, 2008, including higher borrowing limits and protections from aggressive marketing. A homeowner who is at least 62 years old can use a reverse mortgage home to access home equity to obtain a loan that does not have to be repaid until the homeowner moves, sells, or dies. The national limit on the amount a homeowner can borrow is increased from $200,160 to $417,000 ($625,000 in areas with high housing costs). The amount that can be borrowed depends on the home's value and location, interest rates and the borrower's age. The new law protects seniors from high fees and aggressive marketing. Fees are capped at two percent of the first $200,000 borrowed and one percent on the balance, with a maximum of
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Legal 1263
Word Count: 355
IRS Warns Taxpayers to Beware of First-Time Homebuyer Credit Fraud
WASHINGTON — The Internal Revenue Service today announced its first successful prosecution related to fraud involving the first-time homebuyer credit and warned taxpayers to beware of this type of scheme.
A Jacksonville, Fla.-tax preparer, James Otto Price III, pled guilty to falsely claiming the first-time homebuyer credit on a client’s federal tax return. Price faces the possibility of up to three years in jail, a fine of as much as $250,000, or both.
To date, the IRS has executed seven search warrants and currently has 24 open criminal investigations in pursuit of potential instances of fraud involving the credit. The agency has a number of sophisticated computer screening tools to quickly identify returns that may contain fraudulent claims for the first-time homebuyer credit.
“We will vigorously pursue anyone who falsely tries to claim this or any other tax credit or deduction,” said Eileen Mayer, Chief, IRS Criminal Investigation. “The penalties for tax fraud are steep. Taxpayers should be wary of anyone who promises to get them a big refund.”
Whether a taxpayer prepares his or her own return or uses the services of a paid preparer, it is the taxpayer who is ultimately responsible for the accuracy of the return. Fraudulent returns may result not only in the required payment of back taxes but also in penalties and interest.
First-Time Homebuyer Credit
The First-Time Homebuyer Credit, originally ...
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B216 / Legal1264
Word Count: 131
Do You Know Which Of Your Employees Are Entitled To Overtime Pay?
In certain cases, based upon the employee’s position and/or experience, an employee making up to and possibly over $100,000/year may be entitled to overtime!
Recently, the Fair Labor Standards Act was revamped, and it now provides increased threshold salary caps before the overtime exemption kicks in.
How to avoid a problem: To ensure ...
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legal1265-Group Legal Plans
Word Count: 197
Group Legal Plans
Group legal plans in the workplace have experienced rapid growth recently because of their usefulness to both employer and employee alike.
For the employee, a group legal plan is a cheap way to get legal coverage in much the same way as other traditional benefits. For as little as $20 per month deducted from payroll, an employee is put in touch with an attorney who can draft his will, buy or refinance a home, adopt a child and plan an estate. Unlimited ...
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legal1266-Elder Law And Estate Planning
Word Count: 523
Elder Law And Estate Planning
No one can possibly know what their future holds, so the sooner you think about estate planning, the better. Making certain you have your finances, property, and health directives are in order will give you and your family peace of mind. Waiting until tragedy strikes to consider how you will divide your estate, what will be done with your property and possessions, and how your health will be handled will add to the distress of the moment. Since you cannot possibly know what your future holds, now is the time to consider finding an elder law attorney for your estate planning.
What is Elder Law
Elder law is a field of law that deal with three main areas of an individuals affairs, such as:
Estate Planning- this takes into account all of your assets and helps you ...
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legal1267-Consequences To Drinking And Driving In Alabama
Word Count: 538
Consequences To Drinking And Driving In Alabama
So, you have been out for the night celebrating and you are about to get in the car to drive home. The question is, have you had too much to drink to safely make it your home? It is very important that if you are going to drink without a designated driver, then you need to understand how much alcohol you can drink and still legally drive. Here are some things you need to know about the laws in Alabama regarding drinking and driving, and what the consequences to these actions are.
How Much is Too Much?
In the state of Alabama, a blood alcohol concentration (BAC) of 0.08 or higher will result in a DUI violation. So, just how much alcohol is that? Many people go off of the guideline that one standard drink an hour is enough to keep your BAC levels under 0.08. For example, a standard ...
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The information presented in these articles should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This web site makes no claims or representations as to the validity of the articles submitted by 3rd party authors.
Consult your legal advisor.
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