Category Archives: Law

Estate Planning: What You Need to Do

a lawyer talking to her clients

a lawyer talking to her clientsA will is important because it gives you peace of mind. When the time comes, you’ll know your loved ones will receive their share of your assets in Colorado and that a designated person will honor your final wishes. While you’re not legally required to use a lawyer for your will, the expertise of estate planning attorneys will provide valuable strategies and ensure your will is legally binding.
As a start, you can use the following basic guidelines:

Sign your will with valid witnesses

Who is a valid witness to signing a will? One, not your beneficiaries because this could mean a conflict of interest. Two, not the lawyer drafting your will. Outside of two, you can pick anyone to witness the signing of your will. You should also get your witness to do a self-proving affidavit with a notary because the document can speed up the probate process. A judge would not have to call your witness (or witnesses) in court to validate signatures on your will.

Protect your estate with a living trust

A revocable living trust can become a good option to the typical will because it provides instructions while you’re still alive. The document authorizes someone to manage your estate and your finances if you can no longer do it. The living trust is also a good way to avoid probate and keep your information about your estate private. Once a will goes to court, its public domain and anyone can find out what your assets are worth and which beneficiaries received an inheritance.

Settle your bills, taxes, and debts

Your will needs to leave instructions for paying off debts and other financial obligations. This includes which assets should go toward paying what you owe. Your executor can ensure payment of all outstanding debts before any of your assets go to beneficiaries.

Mortality isn’t an ideal subject in any conversation, but it’s worth thinking about to avoid future problems over your estate. A document detailing which person should get which asset can give you that peace of mind.

How to Become a Legal Nurse Consultant: 4 Skills to Master

Legal Nurse Consultant conversing with a clientAn essential part of knowing how to become a legal nurse consultant is learning the skills that the profession requires to perform the role as diligently and efficiently as possible. The legal consultancy skills are equally necessary as the nursing skills. Below are some skills to master and the reasons you need to become an expert at these.

Active listening

Since you will be representing people, you need to give full attention to what the other individual is saying. You need to comprehend the points the person makes, which is possible through active and emphatic listening. You don’t interrupt the person speaking at inappropriate times, and you ask questions as deemed appropriate for the case.

Reading comprehension

You will be presented with piles of medical and non-medical documents that you should be able to read and understand at the shortest possible time. Accuracy is key here as well as critical thinking. After reading, you need to devise workable solutions. Hence, you should be able to use logic and reasoning in identifying each alternative solution’s strengths and weaknesses. Attention to detail is required. You must be able to draft conclusions based on the pieces of evidence presented.

Complex problem solving

Identifying complex problems and solutions to these are a must. As a legal consultant, you should be adept at reviewing related information regarding consistency and accuracy. From there, carefully developing and evaluating options are the next steps that you should also be proficient at.

Persuasion and negotiation

One of the most significant challenges every legal nursing consultant experiences is making sense of the differences and reconciling if needed. After that, there is a need to persuade people to change perceptions, mindsets, and behaviors based on shreds of evidence. There is a need to learn social perceptiveness or being aware of the reasons some people react in the way they do.

Mastering legal nursing consultancy skills is a challenge in itself. However, everyone who wants to become one must do so.

5 Things to Know About Sealing Criminal Records in New York

A criminal background formA criminal record of an arrest or conviction can create several consequences. For instance, your rap sheet can adversely affect your employment, as well as your housing or immigration status. Luckily, you may be able to “seal” your criminal history and make it invisible to the public.

Here are five of the most important things you should know about criminal record sealing in New York:

What is criminal record sealing?

Instead of erasing criminal records, New York laws allow the sealing of appropriate cases. Sealed records still exist, but they are concealed from the public. Related booking photos, fingerprint cards, and other associated items are either destroyed or returned to you.

Are cases closed or sealed automatically?

Some records are sealed without the affected person having to do anything. Such cases include crimes committed by juvenile delinquents, juvenile offenders, and youthful offenders. Your criminal records will also be automatically sealed if you got a good result in the criminal case or your case was a violation or traffic infraction. Good results include dismissal, acquittal, and decline prosecution.

Which criminal records can be sealed upon request?

A wide array of criminal convictions are eligible for sealing if certain conditions are met and several factors are found in the offender’s favor. Sealable cases include various drug-related misdemeanors and felonies. A criminal record sealing attorney in New York can advise you about eligible convictions and help you convince the judge.

Can “sealed” records appear on a criminal records search?

Sealed criminal records are not listed. However, mistakes may happen and a record that’s supposed to be closed and sealed might appear in your criminal history search. If that happens, you can ask to correct the mistake.

Who can access your sealed records?

You and official personnel are the only parties who can access or get your sealed criminal records. Credit reporting agencies and employers can’t see these records.

Arrest and conviction come with direct punishment and indirect consequences. Even small misdemeanor convictions can create severe downstream issues. Criminal record sealing can provide you with a fresh start after an unfortunate legal incident.

3 Signs Divorce Might be the Right Solution

Angry couple not looking at each otherMost married couples, even when faced with problems, strive to keep divorce out of the picture. However, some relationships become so hurtful and unhealthy that divorce surfaces as the best solution.

When do you know it is time to say “it’s over” to a marriage that you once thought as a “happily ever after?”

There seems to be no way to resolve conflicts anymore

There is no doubt that communication is the best way to salvage a sinking marriage. However, what if it has gone to the point that there is no sense in talking things out anymore because the couple only hears and not truly listens to each other’s woes? What if communication has only become a way for couples to disrespect each other?

If couples are not willing to settle and compromise on each other’s differences by way of communication, then there is no way left to resolve conflicts, say The Law Offices of Ian S. Mednick, P.C. and other divorce attorneys in Long Island.

Both parties feel so exhausted when together and but are so full of life when apart

One of the indications that divorce is just around the corner is when couples avoid any matters involving each other but are highly interested in matters outside of marriage. Thus, they devote themselves to spending too much time with their kids, at work, with friends or with somebody that is way too fun than their spouses.

Since distractions are around, or couples choose to be around these distractions, there is no time for reconciliation and to rekindle the marriage’s fire. This can be an avenue for disinterest, indifference, or worse, cheating.

Marriage counseling can no longer save the relationship

If couples cannot solve their marital problems themselves, they turn to marriage counseling. But if after a considerable amount of time and no progress has been made through marriage counseling, then maybe your relationship has become beyond repair.

Divorce is an unfortunate and unwanted phase every married couple avoids. But if it has come to a point that it has taken its toll on you, then maybe it is time to consider it.

Common Legal Grounds of Fair Job Dismissal

Boss dismissing an employee. Dejected fired office worker carrying a box full of belongings. Getting fired concept.Losing your job is a painful experience. Unless your boss has substantial constitutional grounds to validate your termination, you can file a lawsuit for unfair dismissal. If you have been employed for more than 13 weeks, a minimum period of dismissal notice should be provided.

You can ask your employer to provide you with a written report of the reason for your termination. This should be delivered within two weeks of your demand. If you were unfairly dismissed, you should consult employment lawyers in Wellington to learn about your legal options. Rainey Collins Lawyers cites some legitimate grounds for a fair job termination.

Incapability

Incapability consists of issues like absenteeism and tardiness. If these are the cause of your dismissal, the employer should have documentary evidence. This can be in the form of clocking-in reports or absences, which are not medically certified or documented in your file. The employer should also prove that you were informed of the issue and warned of consequences.

Incompetence

Competence refers to your ability to carry out assigned tasks. You should first be aware of your job description and set standards. Should you fall short of these standards, you must be warned through formal set procedures. The warning should also specify the necessary improvements and give you a reasonable period to improve. After the employer has done all these, he or she can fire you for incompetence.

Misconduct

Misconduct as a ground for dismissal often ranges from grave or gross to ordinary cases. Grave misconduct, such as assault, stealing, a serious breach of company policy and drunkenness can lead to summary dismissal. Ordinary cases of misconduct warrant a thorough investigation and appropriate warnings before release.

Another ground for fair dismissal is job redundancy. But you can counter this reason by proving there exists no economic justification for redundancy or you were selected unfairly. Different employment contracts may contain various grounds for dismissal according to set company policies. It is, therefore, important to understand your contract before signing it.

Where is the Love? Questions to Ask Your Divorce Lawyer

Divorce lawyer talking to her clientsConflicts involving partnerships and relations among family members can be difficult to resolve. There are filial emotions involved and relationships to consider. When extreme misunderstandings arise, there is no choice but to seek legal relief from law firms like burnhamlaw.com.

Domestic Affairs, Denver Style

Denver is one place where specific laws and statutes govern family and domestic affairs. If you find yourself involved in a family legal dispute, a good Denver family attorney could be your only chance of sorting out the domestic issues in your favor.

Family attorneys help clients seek legal relief from problems involving marriage, civil unions and domestic partnerships. Aside from divorce, annulment and legal separation, they handle related issues such as prenuptial agreements, child custody and support, guardianship, alimony or spousal support, paternity and elderly custody and care. In tough cases, they create protection orders. Aside from marriage-related cases, they also handle the family estate, wills and inheritance issues.

Choosing a Family Attorney

Your search for a family lawyer does not end in knowing the areas of expertise that would solve your legal woes. Family cases require compassion, and you should look for this quality in your attorney. These are three questions to consider:

  • Rates – If budget is a concern, can your lawyer make some allowances for you? Family cases take long to settle, and representation costs can escalate. Some lawyers charge a flat rate service fees while high-profile cases could charge you by the hour or per task.
  • Communication – Do you know your family attorney’s personal numbers? If you need your lawyer’s attention and time, ask them if they could give you a special number to contact them in an emergency or special need.
  • Client-Attorney Relations – Is your consultation and client time strictly on schedule? Ask if you can meet your lawyer casually, such as a lunch out or for an afternoon coffee.

Never settle for a family attorney that seems good enough. Always choose the one that demonstrates genuine compassion and commitment to your case.

Is Your Divorce Lawyer for Keeps? Here are 3 Signs

Divorce agreement paperwork being signedThe bright lights of Denver, Colorado’s capital and dubbed as the Mile High City, are no guarantee that a marriage made in the city will shine everlasting as well. In fact, Denver ranks among the cities in Colorado with the highest divorce rates, hitting 12% in a span of nine years compared to its more family-oriented neighbors, such as Fort Collins (8.6%) and Boulder (8.2%) in the same period.

Divorce Dramas

Whatever city you find yourself in, as long as you’re getting a nasty divorce, the level of stress and volume of work remains the same. The Burnham Law Firm, P.C. reminds that each state has its own set of family laws that deviate or totally differ from another state. This is why traveling and relocating across states may affect your rights and the outcome of your divorce proceeding.

Getting an experienced divorce lawyer is not only a logical decision; it’s one of the best moves you’ll ever make to increase your chances of getting a fast and favorable solution. Good divorce attorneys are expected to know the intricacies of Denver Marriage and Divorce Laws, and their records of practice should prove this knowledge.

Is Your Divorce Lawyer the Right One?

Be aware of these signs to determine if your divorce lawyer is the one who could end your domestic misery:

A shower of recommendations. If possible, choose one that has the approval of a family member or a friend who went through divorce proceedings with your chosen lawyer. Take note of their experience as a client and the instances showcasing the lawyer’s skills.

No shady deals. Check court files and sources that list and review possible disciplinary actions your divorce attorney may have been given in the past. A clean record ensures that your lawyer upholds the integrity of the profession.

You feel at home. Let your instinct work for you. If you’re comfortable opening up, discussing, and even complaining to your lawyer without feeling awkward or embarrassed, then that personal relationship is for keeps.

A good divorce lawyer makes all the difference in helping you gain a favorable divorce outcome, but more importantly in helping you survive the journey to the dissolution of a bad marriage.

Family Laws in Washington: Unusual Aspects You Should Know

Colorful child custody letters and a gavelThe laws surrounding and implemented for family rights and relationships, including marriages, domestic partnerships, and parent-child relationships, are almost the same for most states in the country. However, there are still some differences on how each of these states – The State of Washington included – enforce these laws.

One thing remains certain, though: when it comes to regulations and constitutions that affect you and your child (or children) directly, it’s important that you get the help of an experienced and reputable family lawyer in Marysville. This way, you’ll have the expert guidance you need to address the surprising aspects of the state’s family laws.

There are no “child custody” laws here

Most of the states now enforce laws that address the child’s best interests instead of the parents’. In other words, the courts base their decision of who the child should live with, the division of parenting responsibilities, and whether both parents can spend time with the child (and how long) on factors that directly affect the child’s well-being. For many, this may categorize as child custody. However, the state doesn’t; it implements what it calls parenting management instead.

At its core, this law ensures that all the physical, mental, and emotional needs of a child are met and that both parents (except in cases of proven abuse or neglect) have a share in these responsibilities.

From domestic partners to legally married

After the State of Washington legalized same-sex marriages in June 2014, it also “transferred” or converted all registered domestic couples into legally married couples. A few exceptions include relationships wherein one party was older than 62 years during that time, or for those who made a request to dissolve their domestic partnership before the scheduled cutoff date.

These are just some of the unusual areas of Washington’s family laws, but their existence can make a case more complex than it already is. As such, you should already understand how valuable a family lawyer is when filing a case falling under the state’s family laws.

The Signs That Indicate You Need to Consult with a Divorce Lawyer

Divorce cracked paperFiling for divorce is a complex process. If you have assets, kids or another possible source of disagreement, then it would be wise to consult with divorce lawyers in Albuquerque. You might have no idea what to expect during the entire process. As such, you will need to have a lawyer working on your side. Perhaps there are instances there really is no need for a legal professional, and you can do the whole thing on your own. But some more complicated processes, such as these below, will definitely need a divorce lawyer:

You anticipate a child custody dispute

As soon as you have kids with your partner, it will have a massive effect on all aspects of your life, including in the case of a divorce. The risks will be higher, and it will cause a lengthy battle over who will be granted child custody. Although some couples end up calmly negotiating the terms of visitation and custody, this is not always the case.

You and your spouse share assets worth a few thousand dollars

Particularly if it involves a marital home, it would be best to get the assistance of a lawyer to help guarantee that they treat you fairly with the division of the assets you both worked hard for.

You and your partner own a company together

This circumstance can be pretty complex when filing for a divorce. Lucky for you, your lawyer will be able to help you with the specifics. If necessary, they will even get the services of financial professionals, such as consultants and appraisers.

There was domestic abuse or violence in the relationship

When a spouse threatened and controlled the other, the emotional dynamic will make it difficult to agree. The abusive partner will have the upper hand. They can easily convince their partner to agree to an unfair deal without legal counsel involved. That’s where lawyers come in to help the victim.

Ultimately, a lawyer will be a good decision whether you prefer traditional or alternative ligation such as collaborative divorce or mediation. Get in touch with a lawyer to determine your options.

What a Conveyancing Lawyer Can Do For You

House for sale that has been soldBuying real estate property is one of the biggest investments you can make, so it makes sense that you want the transaction to be as smooth and trouble-free as possible. Many things can go wrong during the process, including those that arise from the validity of the transfer of property ownership.

This is why you should hire the services of a highly qualified and experienced conveyancing lawyer in Townsville. With such a professional on your team, you can have all the complex legalities sorted out for you, including the following:

Title search

A title search is essential in the conveyancing process, as it allows your lawyer to ensure that the real estate you’ll invest in doesn’t have property claims, known as ‘liens’, made on it, or that no other party has a claim or a legal right on it. Ensuring that the title is ‘clean’ is key to a valid transfer of ownership from the seller to the buyer.

Verify no disputes on property boundaries or restrictions exist

A common mistake many property buyers commit is assuming that what they are buying is equivalent to what they thought is the entire property. There are situations wherein boundary- or restriction-related disputes can arise. A conveyancing lawyer will verify that no disputes exist, so you can buy a property in Australia with peace of mind.

Ensure complete transfer of valid and recorded deed

Of course, a conveyancing lawyer ensures that everything about the deed is in order, from its lawful recording and validity to its final transfer to your name. This is crucial, as you do not want problems contesting your claim or hold on the property arising in the future.

A conveyancing lawyer plays major roles in protecting you and your assets during the real estate acquisition process, so be smart and hire one to guide you throughout your purchase.