Helpful Articles
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Who Gets the House When Purchased Prior to the Marriage?
When a house was purchased prior to the marriage and only in one person’s name, that house is typically non-marital and it’s equity not subject to division in a divorce, but not always. There are many exceptions. In Illinois, when a house was purchased prior to the marriage, but in contemplation of the marriage, you can argue that the house is marital and subject to division no matter who is or who is not on the Deed. In fact, most Judges will find such houses as a marital asse... -
Moving a Custody Case to a New State
I recently fielded a question on an anonymous online forum and thought it would be important to share because the laws on custody when multiple States are involved can be difficult to navigate. The law touching on this issue is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and it’s one of the few laws that every State has passed, and they are all worded the same in every State. The question was as follows (with slight modifications to further protect this person’s id... -
Whose debt is it anyway? Can you be held responsible for your parents’ debt?
A question during the probate process evolves around what happens to debt after your parents die. Are the children responsible for their parents’ debt? In most cases, you are not personally responsible for your parents’ debt when they die. However, lets dive deeper and there are some important items to consider. Whether your parents have an estate plan or not, if they die with debt in their names, there is a legal process that should be followed. When a person passes away, th... -
Arizona Residential Landlord-Tenant Act
What rights does a tenant have? AZ Residential LL/T Act - ARS Title 33, Chapter 10 By statute, LLs in AZ have to maintain a property to certain standards:Section 33-1324(A)(2) of the Arizona Revised Statutes mandates that a landlord, “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”Section 33-1324(A)(3) of the Arizona Revised Statutes mandates that a landlord, “keep all common areas of the premises in a clean and safe condi... -
What To Do if You're in a Car Accident
In the chaotic aftermath of a car accident, knowing what to do can make all the difference for your safety and the overall resolution of the situation. Taking prompt and appropriate steps can make a significant difference and even save lives. Here’s a comprehensive guide on the immediate actions to take at the scene of an accident. These steps establish a strong foundation for your current and long-term challenges. 1. Assess safety Check for injuries and promptly cal... -
Is an executor of an estate entitled to compensation?
If you are involved in a probate process and serve as the executor or administrator of an estate you know how time consuming, difficult, and stressful a task it can be for you. Acting as executor/administrator is often a thankless job that can quickly turn contentious depending on the personalities of the heirs. Regardless of the overall situation, according to Illinois law, every executor or administer is entitled to receive a reasonable fee as compensation for their time and servi... -
Don’t wait until it’s too late….draft your estate plan
Whether you want to think about it or not, there comes a time in everyone’s life when it is too late to complete an estate plan. Waiting until the last minute, or until a significant life event occurs, can lead to complications and potential limitations. Being an attorney who handles end-of-life directives, I see this all too often. So, let us explore some of these scenarios and the simple ways to avoid them. The obvious answer to the question “when is it too late to implement an est... -
When is the money in your retirement accounts in jeopardy?
One of the most important things we can do for our families, and our future selves, is to save money in retirement accounts. I’ve noticed a common client misconception that all money in retirement accounts (IRA, 401K, 457, etc.) is protected and untouchable by creditors. That is not true. Lets’ look at some different creditor scenarios and potential effects on retirement accounts. The easiest way for someone to lose their retirement savings is by owing the governm... -
Burden of Proof in Nevada Personal Injury Claims: Implications & Importance
How to Prove Negligence in a Nevada Personal Injury Case If you’ve suffered injuries in an accident that resulted from someone else’s negligence, you may be wondering whether a personal injury attorney can help you recover financial compensation for your damages and losses. In order to win a personal injury case in Nevada, you and your attorney will need to sufficiently prove multiple elements. As the person who initiates the lawsuit, the burden of proof will be on you and your Nevada... -
Mediation vs. Arbitration: Choosing the Best Approach for a Nevada Car Accident Injury Case
When Should You Consider Mediation or Arbitration for Your Car Accident Claim? When it comes to recovering financial compensation for damages and losses after a car accident, most people imagine going to court. While litigation can be a good option for some cases, your Nevada personal injury lawyer may suggest arbitration or mediation as a more advantageous way to settle your dispute. These two methods are increasing in popularity and may even be required before the case can go to tr... -
What Evidence Is Needed To Prove Negligence In a Car Accident Involving a Truck?
If you’ve been injured in a car accident in Nevada that involved a truck, you may find yourself wanting to consider legal action to recover financial compensation for your losses and damages. If you are unable to successfully settle your claim with an insurance company or have additional claims, your Nevada personal injury lawyer can work with you to examine the evidence and build a case of negligence against the other driver. Learn more: https://www.bensonbingham.com/what-evi... -
What To Know About Casino and Hotel Injuries in Las Vegas
With school out and the country in the middle of summer break, a vacation to Las Vegas can be a fun and exciting experience. Las Vegas can offer vacationers a myriad of entertainment including casinos, shows, celebrity restaurants, concerts, and even a Las Vegas Aces game. However, accidents in a hotel or casino are very possible and can result in serious injuries, which can completely change both your vacation plans, as well as your entire life. Learn more: https://www.bensonbingham.com/... -
Why Experience Matters in Trucking Accident Litigation
Trucking accidents can be devastating, causing serious injuries and even death. When these accidents occur, having an experienced legal team is important to help you navigate the complex world of trucking accident litigation. We cover why experience matters in trucking accident litigation and how it can make a difference in the outcome of your case. Understanding Trucking Accident Litigation Trucking accident litigation is the legal process of seeking compensation for damages and... -
Dividing a Wrongful Death Settlement
When a wrongful death claim is successful, the family of the deceased will receive a settlement from the defendant or their insurance company. This settlement is intended to compensate the family for their losses and damages. However, dividing a wrongful death settlement can involve a lot of money. It can be complex and contentious unless the case is resolved by a verdict, setting forth each wrongful death beneficiary’s damages. Here are some important factors to consider when dividi... -
Burden of Proof in Nevada Personal Injury Claims: Implications & Importance
How to Prove Negligence in a Nevada Personal Injury Case If you’ve suffered injuries in an accident that resulted from someone else’s negligence, you may be wondering whether a personal injury attorney can help you recover financial compensation for your damages and losses. In order to win a personal injury case in Nevada, you and your attorney will need to sufficiently prove multiple elements. As the person who initiates the lawsuit, the burden of proof will be on you and your Nevada... -
Mediation vs. Arbitration: Choosing the Best Approach for a Nevada Car Accident Injury Case
When Should You Consider Mediation or Arbitration for Your Car Accident Claim? When it comes to recovering financial compensation for damages and losses after a car accident, most people imagine going to court. While litigation can be a good option for some cases, your Nevada personal injury lawyer may suggest arbitration or mediation as a more advantageous way to settle your dispute. These two methods are increasing in popularity and may even be required before the case can go to tr... -
What Evidence Is Needed To Prove Negligence In a Car Accident Involving a Truck?
Types Of Evidence Used To Prove Negligence In Truck Accidents If you’ve been injured in a car accident in Nevada that involved a truck, you may find yourself wanting to consider legal action to recover financial compensation for your losses and damages. If you are unable to successfully settle your claim with an insurance company or have additional claims, your Nevada personal injury lawyer can work with you to examine the evidence and build a case of negligence against the other d... -
What To Know About Casino and Hotel Injuries in Las Vegas
With school out and the country in the middle of summer break, a vacation to Las Vegas can be a fun and exciting experience. Las Vegas can offer vacationers a myriad of entertainment including casinos, shows, celebrity restaurants, concerts, and even a Las Vegas Aces game. However, accidents in a hotel or casino are very possible and can result in serious injuries, which can completely change both your vacation plans, as well as your entire life. If the hotel or casino you stay at is negl... -
Why choosing a local law practice over a web-based platform for your estate plan is the smart choice?
As more AI is developed, there will be more web-based companies that you can choose to help you draft your estate plan. Online companies will make promises to lure you in with convenience or an upfront cost that might seem too good to be true. Let's review why choosing your local law practice is most likely the right choice for you. Read more at: https://laurenjacksonlaw.com/why-choosing-a-local-law-practice-over-a-web-based-platform-for-your-estate-plan-is-the-smart-choice/ ... -
Console & Associates, P.C.: Stanford Health Data Breach Investigation Reveals 1.6 Group Health Plan Users Impacted
Throughout November 2023, Welltok, Inc. (Welltok) has filed a series of notices involving compromised health data. Welltok is a healthcare software company that works with many major healthcare systems, such as Stanford Health Group. As of November 17, Welltok informed the Attorney General of Maine that a vulnerability in the MOVEit transfer tool caused a data breach that impacted Stanford Health Group Health Plan members. According to the Welltok data breach investigation, this leak includes ...