Tag Archives: legal

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.

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.

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.

What Happens if You’re Convicted of a First DUI Offense in Utah?

DUI Offense in UtahUnder Utah DUI law, even if you’ve never been convicted or much less arrested in your entire life, a first-time conviction of DUI could lead to administrative and criminal punishments. Note that the time period during which a previous DUI conviction is considered a previous offense is 10 years.

Possible Administrative Punishments for a First DUI Conviction in Utah

First off, a first DUI offense can lead to a 90-day driver’s license suspension. Matthew P Jube – Attorney at Law​ and other legal professionals say that you could only get your license reinstated if you’ve completed a substance or alcohol assessment test and a driver or alcohol awareness education program. Your vehicle will likewise be outfitted with an ignition interlock device (IID) as a condition of reinstating your license.

In addition, you could likewise lose your driver’s license in the event that you defy the Implied Consent Law. This law states that anyone suspected of driving under the influence must agree to undergo a standard breathalyzer test. You could lose your license for 18 months, which is a longer suspension than if you agreed to take the test in the first place and failed it.

Possible Criminals Punishments for a First DUI Conviction in Utah

A first DUI conviction could lead to two or more days of jail time. Alternatively, you can serve your sentence in a work service program, intensive probation, electronic monitoring, and home confinement, depending on the severity of your case. You must also pay a fine not exceeding $700 and must factor additional fees from your own pocket to complete the sentence requirements. These include home monitoring programs, educational programs, and license reinstatement.

It’s likewise critical to note that a first DUI conviction will significantly influence a subsequent or future DUI conviction for a 10-year period and your conviction will result in a permanent criminal record.

If you’re being charged with DUI in Utah, know that the state doesn’t prohibit plea bargains that involve reducing a DUI charge to a lesser offense. You could likewise pursue the dismissal of your charges. Whichever option you choose, having legal aid is recommended.

Involved on a Hit and Run: What You Can Do

Lawyer in ProvoLeaving the scene of an accident has serious legal ramifications in Provo that might include the offence escalating into a felony. You do not want to find yourself in this difficult experience. Whatever you do after the accident can be the difference between you spending time behind bars and walking freely.

Here’s how you can counter your hit and run charge:

Leave a Note or Locate the Affected Party

Sometimes, you may hit a car that has no occupant. The law in Provo requires you to use all means at your disposal to locate the owner. If the owner is unreachable, you should leave a note with your contact information. In other words, the law wants you to be responsible for your acts on the road.

Contact a Lawyer 

If you are facing hit and run charges, the next step you should take is to contact a felony lawyer who understands the laws in Provo and Utah by extension. All you will be looking for at this moment is an opportunity to make an explanation. A good lawyer will not only help you review the facts, but also advice you about the defense options available.

Turn Yourself In

It might sound better to the jury or judge that you took responsibility for the action by reporting to the police, than if the law enforcers had to hunt you down for weeks. Such an action will also give your defense attorney an easier time explaining your side of the story.

While you do not become a criminal by being involved in accident, fleeing the scene of the accident is illegal. You might be charged with hit and run if you fail to report the accident, contact the affected party or wait for the police to arrive. Not getting legal advice puts you in an even deeper hole. If for any reason you had to leave the scene, doing what is suggested here may help you escape the jaws of the law.