Legal Insights

The Naturalization Process

Naturalization is the legal process through which a foreign citizen or national can become a United States citizen. In order to be naturalized, an applicant must first be eligible to apply for citizenship; the applicant must complete a written application; attend an interview; and pass English and a civics test. If an applicant is able to successfully complete these steps they then take an oath of loyalty, and become a citizen. Who Is Eligible For Naturalization? According to U.S. Citizens...

Understanding Child/Parent Emancipation

The parent child bond is one of the strongest ones there is. For most people, it’s a sacred relationship and one that lasts a lifetime. But for some young adults who can’t wait for the moment they’re free from their parent’s control, emancipation is a real consideration. Legally, parents are responsible for their children until their 18th birthday. When a child under the age of 18 petitions for emancipation, parents lose custody and all legal rights to their child. But it’s not as ...

Sealing or Expunging Juvenile Criminal Records

Many states distinguish between crimes and offenses committed by adults and those committed by minors. Crimes and offenses committed by juveniles are often prosecuted in separate, juvenile courts, or in family court, rather than in criminal court. Some rules that apply to juvenile crimes, and the records associated with them, are different than those that apply when an adult is accused of a crime.  Criminal records, including arrest and conviction information can prevent a juvenile offe...

Choosing a Legal Guardian for Your Child

If you die or suffer from a significant disability that renders you unable to continue to care for your children, what will happen to them? Establishing a legal guardian for your minor children is an important part of your estate planning that should be done as soon as possible after your child is born. If your child has special needs, you will want to name a legal guardian for them in your will even if they are not minors, since it is likely that these children will require care for the rem...

Beyond the Basics – Other Coverage to Add to Your Auto Insurance Policy

In a previous post, Understanding Your Car Insurance Policy, we covered the nuts and bolts of your car insurance policy: your policy limits and deductible, and basic coverages, including liability, collision, and comprehensive coverage. But there are other coverage options (and in some states, requirements) that may be included in your auto insurance policy. No Fault Coverage or Personal Injury Protection (PIP) Some states have “no fault” laws, which provide that, regardless of who i...

What to Do if You Can’t Pay Your Taxes, Part 2

In Part 1 of this series, we covered why failing to file a tax return is not your best option if you cannot pay your taxes, and introduced the first two of four possible alternatives: requesting a temporary delay of collection and arranging an installment payment plan. This post will cover two additional options: obtaining an Offer in Compromise and making an Innocent Spouse claim. Offer in Compromise An Offer in Compromise is just what it sounds like – it allows you to negotiate a lowe...

What to Do If You Can’t Pay Your Taxes

The first thing you should know if you cannot pay your taxes is that you absolutely should not ignore the problem or fail to file your tax return. Although not paying taxes is a violation of the law, failing to file a tax return is considered a more serious offense than not paying – and can carry much heavier penalties. Failing to File a Tax Return Failing to file a tax return can not only result in the accumulation of interest on top of the amount you already owe in taxes, but can also...

The Medicaid Look-Back Period and Penalties

Medicaid is a joint federal and state government program that provides low cost or free nursing home care, assisted living, or in-home care to those with limited income. To be eligible to receive care through Medicaid, your assets must not exceed a specific limit. If your assets exceed that limit, the government will expect you to use or sell those assets to pay for long-term care before receiving benefits from Medicaid. Many people try to transfer money or assets to relatives to qualify for...

Hiring Illegal Immigrants and Other Unauthorized Workers

It is a violation of federal law to hire an illegal immigrant, anyone who is not authorized to work in the United States, or even to hire a contractor who employs unauthorized workers. The Immigration Reform and Control Act, among other federal statutes, requires an employer to verify that each employee is authorized to work in the United States.  Employers are also required to complete an Employment Eligibility Verification Form (Form I-9) for each employee hired after November 6, 1986...

Should Your Will Include a No-Contest or Mediation Clause?

There are several steps you can take to protect your will from being contested in court after your death, potentially unraveling your carefully crafted estate plan. Some of these were discussed generally in our previous post on preventing a will contest, but in this post, we will discuss two specific clauses that you can include in your will that may help to prevent lengthy and costly estate litigation. No Contest Clauses One way to limit the chances that a will contest will be brought i...

Can I Get a Ticket for Using My Cellphone and Driving?

Across the United States, cellphones and other mobile devices are being used by people of all ages, from young children to grandparents, and texting has become increasingly popular.  But cellphone use behind the wheel is dangerous, and studies have shown that it can contribute to accidents, with more data being compiled all of the time; forty states plus the District of Columbia and the U.S. Virgin Islands actively collect data on the use of cellphones as a contributing factor to accide...

When to Consider a Month to Month Lease Instead of a Fixed Term Lease

A month to month lease is a lease that doesn’t have a defined end date. It is less common than a fixed term lease, which is a contract to lease property for a specified period (most often one year).  Many long-term lease agreements convert to month to month leases if a new lease agreement is not signed at the expiration of the lease term. In other words, if you sign a yearly lease for your apartment, and the landlord does not send you a new lease to sign at the end of the first year a...

Why Attorneys Should Rethink Their Practice Areas Pages in 2018

If you’re at a social gathering and someone from outside the legal world asks what you do, you can usually get away with “I’m an attorney.” They might ask what kind of law you practice, if you work at a big or small firm, and a few other icebreakers regarding your job, but that’s about as far as a conversation will go before their eyes glaze over.  The exact opposite scenario occurs when someone needs to hire an attorney. Scrolling through dozens of websites, many of which loo...

Is an Employer Required to Pay for Training?

Under the Fair Labor Standards Act (FLSA), employers in the United States are required to pay their non-exempt employees for all hours worked. But what does that mean? Does it include time spent in meetings, seminars, or training?  The determination of whether the employer is required to pay for time an employee spends in seminars, training or meetings is based on four factors: 1. The employer requires the employee to attend the training;2. The training is related to the performance of...

Protecting Against a Will Contest

You create a will because you want to have control over what happens to your property and other assets after you die, and to provide for your spouse, children, and other heirs. But executing a will doesn’t necessarily prevent your heirs – or others who have been excluded from your will – from contesting the will in court.  Will contests can arise when an heir believes they have not received their rightful share, where you have decided to disinherit someone who was an heir under a ...

What is Parental Alienation and What Can You Do About It?

Parental alienation occurs when one parent intentionally attempts to damage a child’s relationship with the other parent or manipulate the child to reject, fear, or express hostility toward the other parent. Parental alienation most often occurs when the parents separate or divorce, although it can occasionally occur when parents are still together. Actions that can be considered parental alienation include: - Badmouthing the other parent to the child- Listening in or monitoring phone or ...

Why Attorneys Need to Guest Blog

For the last decade, there has been a consistent stream of rumors about the death of guest blogging as a tactic for attorneys looking to increase their online presence, drive traffic to their website, and increase search traffic. These rumors came from all sides, ranging from the marketing agencies focused on selling you a complete website redesign, to the public relations firm trying to convince you that their services were the only way to go, all the way up to the former head of Google’s...

What happens when you have a judgment against you?

Judgments are obtained when a creditor or other injured or aggrieved party brings a lawsuit against you and either: 1) you fail to answer or appear in the case, resulting in a default, or 2) you respond to the suit but lose in court. What are your options if you have a judgment against you? If a default judgment is issued against you, you may be able to have the judgment vacated or set aside. In order to vacate a judgment against you in most states, you must show that you were not properly...

Questions to Ask When Negotiating A Commercial Lease Agreement

Commercial leases are very different from residential leases. They are not governed by the same laws, and are not as tightly controlled. Commercial lease agreements are typically drafted by the landlord and include terms favorable to the landlord, but there is usually more room for negotiation with a commercial lease than with a residential lease. For example, you may be able to negotiate a longer-term agreement for special rates, for the landlord to build out the space to your specification...

Modifying or Enforcing Spousal Maintenance

Sometimes, the circumstances that existed at the time of a divorce and initial award of spousal support change after the divorce has been finalized. These changes can impact the paying spouse’s ability or willingness to make regular support payments. Below are some tips for dealing with those issues when they arise. Enforcement of an existing spousal support order or agreement If the paying spouse refuses to pay spousal support pursuant to a divorce agreement or spousal maintenance ord...