Helpful Articles
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5 COMMON MISCONCEPTIONS ABOUT TRUSTS
Over the last 20 years, I have met with many clients who had unnecessary or inadequate trusts. Sometimes the trust was just outdated and sometimes circumstances or the law had changed since the time the trust was written. Often they were “scared into” having a trust by less than honest attorneys, TV, or friends and family that told them a story of how the government took all of a loved one’s money. Below are 5 of the most common misconceptions that I have heard from clie... -
Elder Law: The Medicaid Application Is A Tough Process
When it’s time for someone to move into a nursing home, and he or she will be applying for long-term care Medicaid benefits, there are many personal and financial issues to be addressed by the person who is preparing the application (usually a family member). Before beginning the lengthy application process, these four requirements must be met: The applicant must be: Aged 65 or older, blind or disabled, a U.S. citizen (in some cases resident aliens) In medical need of licensed nursing care... -
About That Irrevocable Trust . . . Change It And Save Tax!
We all know the story. Mom and dad had their trust drawn up years ago. So much of the law related to estates has changed. So much of the law related to taxes has changed. And, so much of the family’s situation has changed. But, like most, mom and dad never sat down with their estate planning attorney to do periodic reviews to ensure their estate planning documents reflected all of these changes. Indeed, the average individual or couple might see their estate planning attorney once every ten y... -
California Amusement Park Accident Attorney Helps Injured People
A visit to an amusement park should be an enjoyable adventure for adults and children alike, but there are times when something goes wrong and someone gets hurt. Certainly, amusement parks are are part of American culture and here in California we have our fair share of theme parks such as Disneyland, Knotts Berry Farm, Universal Studios, Magic Mountain and more. Throughout the United States there are as many as 400 amusement parks and attractions with an estimated 290 million visitors a... -
Sued by a Debt Collector in Michigan?
The legal system can be scary. You are served with a Summons and Complaint, (lawsuit), by a debt collector and you are confused and stressed. The first and most important thing to do is: DON’T DEFAULT!!! In Michigan you have 21 days to Answer the Complaint if you are served in person. You have 28 days if you are served by mail. If you do not respond within this time period, the creditor/debt collector will obtain a Default Judgment. Debt collec... -
Chapman Law Review Volume 16 and 17
John Steiner served on Chapman University SOL Law Review as a staff editor and later as an articles editor, working on the publication Chapman Law Review's Volume 16 and 17. His work on the Chapman Law Review has assisted him in his practice as a California personal injury lawyer based in Sacramento. ... -
Injured Truckers Have Rights Too
Truck drivers are some of the hardest working individuals on the planet. They haul cargo thousands of miles for hours on end to get deliveries made on time. But what happens when they get hurt on the job. What legal rights do that have to recover monetary compensation for a back, neck, or head injury? Analyzing the legal aspects of potential liability and whether a legal remedy is available through filing a workers compensation claim or whether a trucker can sue the person that... -
Tax Tips for the Solo Lawyer
Tax issues for solo practitioners and small law firms are pretty much the same as those for other businesses. In order to reduce your chances for an audit, report all income, and don’t over-deduct your expenses. The IRS pays close attention to Form 1099 reporters, so make sure all of that income gets reported on your Form 1065 partnership return, Form 1120S income tax return, or your Schedule C if your firm is not a partnership or S-corporation. From the expense per... -
Attorneys as “Independent Contractors”
Principal attorneys and directors of law firms should be aware that the United States Tax Court reclassified contract attorneys of a personal-injury law firm as employees of the firm, and therefore subject to the employment tax provisions of the Internal Revenue Code. The ruling against the professional corporation law firm was for more than $150,000.00 in tax and approximately $10,000.00 in penalty. The law firm appealed the decision to the 5th Circuit Court of Appeals on June ... -
After a Commercial Vehicle Collision--Steps to Follow
Commercial vehicles, of course, must adhere to stricter rules. There are special laws that apply to the oversized trucks or buses. Since the vehicles share the roads with passenger cars, mass casualties may follow. Hence, collisions with commercial trucks or oversized vehicles have complex issues. They require in-depth inquiry as to who's at fault. In this case who's responsible for damages. Does the company own the vehicle, the driver or is it leased? Filing a Legal Claim The commercial ... -
Can your life insurance company take advantage of you?
Recently, I watched a 60-minute news story about how some of the largest life insurance companies don’t pay benefits even when they know the policyholder has died. Insurance companies claim that it is up to policyholders’ beneficiaries to contact the insurance company and to file a claim in order to collect whatever death benefit may be due them. But if beneficiaries are unaware of the policy, they don’t know to file a claim. Do you want to know another scary fact? The news reporte... -
How Good Is Your Power of Attorney & Do You Know?
Family Elder Law is pleased to offer the legal column entitled “From the Attorney’s Desk,” authored by Jason A. Penrod, B.C.S., CELA. Jason is board certified as an Elder Law Expert by the Florida Bar and the National Elder Law Foundation. He is also the founder of Family Elder Law with offices in Lake Wales, Lakeland, and Sebring, Florida. The column addresses legal issues of particular interest to our readers. In addition, the columnist answers individual q... -
Indemnification or Comparative Fault: Should A Tortfeasor's Right to Receive "Ryan Indemnity" in Maritime Law Sink or Swim in the Presence of Comparative Fault?
https://www.fuiaxislaw.com/publications/... -
The “Princess Di Problem” of Convertible Note Financings
http://www.mcoblaw.com/documents/Article_Princess-Di-Problem.pdf... -
What SAFEs Might Actually Tell Us About the Angel Financing Market
http://www.mcoblaw.com/documents/What-SAFEs-Might-Actually-Tell-Us.pdf... -
Introducing the Founder Accord
http://www.mcoblaw.com/Forum.aspx... -
The Correct Way to Dispute Inaccurate Credit - 4 Easy Steps
There are many strategies when it comes to disputing derogatory information on your credit report(s). You can find dozens of different ideas and samples on line, or you can hire a credit repair professional or a lawyer. The Big 3 credit bureaus, (Equifax, Experian and TransUnion), allow you to file your disputes on their respective web sites if you wish. I’ve seen disputes of all kinds: disputes that quote the law, disputes that are threatening, dispu... -
Push Came to Shove in Attempted Murder and Aggravated Kidnapping Case
After 2 years of arguing, litigating, trials and playing a legal “game of chicken”, my client’s final case was dismissed this week. When I met him, he was in the Illinois Department of Corrections on a violation of probation for a drug case. The cause for the violation? He was arrested and charged with possession of a weapon by a felon 720 ILCS 5/24-1.1. He was at a party with a dozen others and when the police busted in and took everyone outside, they produced a firearm from inside ... -
Using Arguments in Academic Writing
Arguments are an important or in fact the most important part of any academic writing. It is up to you to write and craft arguments and they make up a very important part of your assignment. It is with these arguments that you present your evidence and hen use it to further make your way to the final conclusion. Some students also use academic writing software to fix and improve the mechanics of your academic paper. Some also use online services like Dissertation Writing Service UK to get profe... -
Drug User or Drug Dealer?
When it comes to drugs, any kind, cocaine, heroin, marijuana, ecstasy or pills, they have to start somewhere and end somewhere. This may seem obvious but what that could mean for a person who is arrested for a drug charge is the difference between being charged as a drug dealer or as a drug user. The difference is a fine line with enormous criminal consequences. When people imagine drug dealers they think of two categories of dealers. First is the guy on the street who makes hand to hand deals ...