Friday, October 31, 2014

Halloween Safety Tips for Adults and Kids

Michelle Eidam from Metro Fire gives you tips on what you can do to prevent accidents from happening this Halloween.

Wednesday, October 29, 2014

Making A Living Will Impacts End Of Life Care

New research by Lauren Nicholas at University of Michigan's Institute for Social Research shows that making a living will impacts the end of life care of individuals. This is the first national study involving sample from across the US.

Tuesday, October 28, 2014

How To File For Divorce

If you and your spouse have an "amicable divorce" and do not have any children, filing for divorce shouldn't be very difficult.. In these cases, you can probably file jointly for a simplified divorce. In more complex cases, however, you usually have to petition the court for your divorce and serve your ex with a copy of the court papers.

Monday, October 27, 2014

Grief - Preparing for Loss Through The Living Will

My wife of 31 years, Lynne, lost her life to glioblastoma in 2010 following a battle lasting almost four years against the deadly disease. Glioblastoma is a stage 4 brain tumor, known for its fast-growth and recurring properties. As her family caregiver, I learned about many topics that surface during the care of someone facing a life-threatening illness. This article covers the topic of grief and how preparing a living will helped with my grief. I hope that the lessons I learned will encourage you to create a living will.

Despite all of the good intentions early in life to prepare a living will, neither Lynne nor I had done so. After her initial brain surgery and recovery, we both prepared a living will and health care power of attorney. Preparing the living will to document Lynne's advanced directives enabled us to discuss Lynne's decisions regarding the end of her life. The health care power of attorney allowed me to represent Lynne when she could not make decisions herself. The discussions we had and documenting them for legal purposes helped me significantly during the final week of her life and the weeks following her death. Knowing that the decisions I made on Lynne's behalf were those that she desired lifted a heavy weight from my heart. The doubts that surfaced in my mind following her death eased slightly, as I knew I was following her desires.

The many discussions that Lynne and I shared about death and dying during her illness were paramount to my grief recovery. Family members, who openly communicate about death, tend fare better than families with less open communication (Black, as cited in Carmon, Western, Miller, Pearson, & Fowler, 2010). One reaction to grief is personal growth. This reaction seems most predominant in those that openly communicate about their grief. Other reactions to grief include such things as anger, blame, despair, and panic (Carmon, et al., 2010). The discussions between Lynne and me helped to reduce the uneasiness we held about the dying process. In the final months of her life, I began to sense Lynne's own internal preparation for that day. My selfish nature desired that she live but she showed signs of exhaustion from the three-year battle. As I reflect on those discussions, they are some of my most treasured and valuable memories.

It is impossible to prepare completely or anticipate all of the emotions and other concerns we face during a loss. I believe that preparing and anticipating the loss causes thinking and actions that help to minimize, if only slightly, the grief of the loss. Reminiscing and expressing emotions with family and friends provide effective coping tools after the death. For me and my hope for you is that the hopelessness turns into hope, and the grief turns into joy, as you learn to push forward and reflect on the positive memories and the legacy of the life that was lost.


Carmon, A. F., Western, K. J., Miller, A. N., Pearson, J. C., & Fowler, M. R. (2010). Grieving Those We've Lost: An Examination of Family Communication Patterns and Grief Reactions. Communication Research Reports, 27(3),

Suddenly a Caregiver Sharing a family's experience and lessons learned to help you through the unexpected responsibility of becoming a family caregiver. Available in eBook and Paperback
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Sunday, October 26, 2014

Why You Should Integrate a Family Trust with Your Business

Utilizing a Revocable Living Trust can be an affordable way to ensure your business passes effectively to your family or loved ones upon your death.

Saturday, October 25, 2014

Advance Healthcare Directives - Be Sure to Write Your Living Will

With modern medical technology advancements, it is becoming more and more important to consider writing an advanced healthcare directive. There are several kinds of advanced healthcare directives. A living will is one form of an advanced healthcare directive. It is a document that specifies what you want done medically if you are no longer capable of making decisions for yourself. A medical power of attorney or healthcare proxy is another form that appoints a specific person to make decisions for you if you are incapacitated. It is advised that a person have both documents prepared and in place long before they will ever be needed.

With today's advancement in medical care many people are left confined to nursing homes. Many elderly are in a vegetative state, fed through feeding tubes while their bodies slowly die. The emotional and financial burden the families of these patients experience is overwhelming. Lives are prolonged but there is no real quality of life. An advanced directive can prevent this from happening to those you love.

The living will was first proposed by Luis Kutner in 1969. His purpose was to make sure the living were able to make their wishes known when they were no longer able to speak for themselves. The living will gives direction to medical professionals about what procedures a person wants and doesn't want. It can forbid the use of medical equipment used to sustain life or direct it be discontinued when it only prolongs death. It can be general or specific depending on the wishes of the person writing it.

Advanced directives should be regularly updated to make sure they cover current medical technology. As advancements are made, changes need to be made to reflect that advancement. A living will that is current is more likely to be acknowledged and followed.

It is advised that a living will be combined with a healthcare proxy to assure your wishes are followed. No document can fully cover all the circumstances that might occur. Having a person on the scene making immediate decisions is important. By designating a person in advance to make decisions, you can be reassured that no decisions are made that might conflict with your desires.

The comfort and peace of mind an advanced healthcare directive gives is invaluable. Knowing you will not be a burden to your family allows you to calmly live knowing any necessary medical decisions will be made by someone you trust.

Bryan Sims writes about various topics including health issues and product information for the online audience. Find information about the newest website at which helps people find super saver deals on Peerless TV mounts and more information about various types of wall mounts for televisions.
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Friday, October 24, 2014

Suspension, Termination and Conflicts Relating to Advance Directives and Powers of Attorney

Powers of attorney are commonly used instruments, but few people spend the time to really understand how they actually operate. This includes attorneys and lay persons. Depending on whether a power of attorney is considered durable, there are certain events, such as a principal's subsequent incapacity, which may limit, or restrain an agent from exercising his or her enumerated powers pursuant to the power of attorney instrument.

Let's take a look at just some of the events which can result in a suspension or termination of a power of attorney. Firstly, if a power of attorney is not durable, meaning it does not contain certain language referenced by law, the following events will terminate a power of attorney. 1) principal dies, 2) becomes incapacitated. Of course a subsequently executed "poa" that explicitly revokes all previous ones, will also result in its termination.

If a poa is durable, the scenario mentioned above is a little different. While the death of the principal still results in termination, subsequent incapacity of the principal could lead to a multitude of scenarios. If a petition to determine the incapacity of the principle is filed, the authorities granted in the power of attorney are suspended until the petition is dismissed or the court enters an order authorizing the agent to carry out powers granted to him. Certain powers, like the authority to make health care decisions for the principal, remain effective until the Court orders otherwise.

In emergency situations, if the agent feels he needs to act on the principal's behalf the agent may ask or "petition" the court to allow him to use powers which are otherwise suspended, after a petition to determine incapacity has been filed.

Other issues arise when powers of attorney conflict with advance directives which the principal may have executed and which may have given different individuals authority to act on his or her behalf. These disputes sometimes involve family members, who have different opinions on what is best for the principal. The law provides that if an advance directive and a poa conflict, the advance directive controls, unless a poa is later executed, and expressly states otherwise.

While do-it your self forms for powers of attorney and other documents such as a living will and advance directive are easily obtainable, understanding how these instruments interact and often conflict, requires a little bit of patience, and in many instances some attorney advice.
If you would like additional information on this topic or other legal issues, feel free to visit
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Thursday, October 23, 2014

What Is An Executor Of An Estate

You can start planning your estate at any time. Typically, though, most people don't begin to draft their Will, or establish a trust to hold property, until the "big" things in life happen -- like getting married, buying a home, having children, or starting a business.

Wednesday, October 22, 2014

Probate and Administrative Process, Know Your Rights

Probate is the system in which the court's system's method of processing the estates of a dead person. It is a legal document that enables the administration of the estate of the deceased. It allows for the resolving of claims and distribution of the deceased's will. Any grievances surrounding a deceased person's estate are filed in the probate court also known as the surrogate court. Once probated, the will becomes a legal instrument that can be enforced by the executor.

Administration process

Administration process of an estate on the other hand is the process by which the deceased person's assets are collected, maintained and distributed. An estate administrator sees to the proper administration of the will.

The Probate process

The probate process begins after the death of a person. An interested person files an application to administer the estate; a fiduciary is then appointed who is to administer the estate and at times may be required to pay a bond to safeguard and to insure the estate. Creditors are notified and legal notices published. There may be filed a petition to appoint a personal representative may need to be filed and letters of administration obtained. All these processes must be done in accordance with the limitation clause.

Property that avoids probate

Property that passes to another person contractually upon the death of a person does not enter probate for example a jointly owned property with rights of survivorship. Property held in a revocable or irrevocable trust that was created when the grantor's was still alive does not also enter probate. In most of these cases the property is distributed privately and without many issues thus no court action is required.

What happens in the probate and administrative process?

After a probate case has been filed in court, an inventory is entered and the deceased's property collected. The debts and taxes are paid first then the remaining property distributed to the beneficiaries. The probate and administrative process may be challenged at any time as a whole or part of it. The issues that arise during such hearings include will contests and paternity issues and these have to be solved before the matter is decided.

The need for the appointment of an administrator arises where the deceased left no will, some assets are not disposed of by the will, in cases where there is a will however, the case goes to probate directly. The estate administrators act like will executors but where the will does not state how to distribute of property, they follow the laid down laws.

Visit the Law Offices Roman Aminov Brooklyn to learn more on Probate Attorney Brooklyn law processes.
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Tuesday, October 21, 2014

QDRO Forms to Divide Pension Benefits in Divorce - "Shared Interest" Or "Separate Interest" Approach

Many people facing the prospect of divorce are surprised to learn that pension benefits accrued during the course of a marriage are considered marital property (or, in some states such as California, community property) that is divided between the spouses upon divorce. A pension plan falls under the category of retirement plans known as defined benefit plans. These types of retirement plans generally provide that upon retirement, the participant (employee) is entitled to a monthly annuity that is payable over his or her lifetime.

Because of certain provisions contained a Federal law known as the Employment Retirement Security Act, a divorce judgment or matrimonial settlement agreement, standing alone, is not a legally sufficient mechanism for dividing a pension plan. It is essential that a further order, known as a qualified domestic relations order (QDRO) be entered by the court and approved by the pension plan administrator.

In situations where the participant spouse is not yet retired, the QDRO form can utilize two different methods for dividing pension benefits. These include the "shared interest approach" and "separate interest approach."

If a QDRO form uses the Shared Interest Approach, payments to the Alternate Payee cannot begin until the Participant chooses to retire and begins to receive a retirement allowance. Furthermore, payments to the Alternate Payee must end upon the Participant's death unless the Alternate Payee was designated in the QDRO as the surviving spouse of the Participant for the purpose of electing a Qualified Joint and Survivor Annuity and such election was elected by the Participant at the time of the Participant's retirement.

If a QDRO form applies the Separate Interest Approach, a "separate interest" is carved out for the Alternate Payee and adjusted to his or her actuarial life expectancy. In addition, the Alternate Payee controls the timing and manner of his or her receipt of the benefit payments. The Alternate Payee can commence receiving benefits at the Participant's earliest retirement date, rather than wait for the Participant to begin to receive a retirement allowance.

In most instances, it is highly beneficial for the non-participant spouse that the QDRO form utilize a separate interest approach. Sample QDRO forms are available for download. Upon completion of a proposed QDRO form, the document must be submitted to the pension plan administrator for approval, and, thereafter, to the divorce court adjudicating the matter.

QDRO forms using both the Shared Interest Approach and Separate Interest Approach are available for download from Marc A. Rapaport is a divorce attorney with 15 years of experience, and he regularly appears in the national media, including NBC News, the National Law Journal, New York Magazine, New York Law Journal, and more. Mr. Rapaport is the founder of, an online provider of QDRO forms and information for dividing pensions, 401k's and other retirement assets in divorce matters.
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Monday, October 20, 2014

Living Will Or Advance Directive

A Living Will, is basically a legal document that describes the preferences of an individual, if he/she is unable to communicate properly, in case of terminal illness or other reasons like getting incapacitated, being in consistent state of coma, unconsciousness, and incapability to respond to the worldly events. An individual in condition of terminal illness, can clearly specify his/her desire to go for a medical treatment or not in the living will. A living Will can not be considered as a Will or a Testament and can not replace it at any point of time. Both Living Will and Will constitute a comprehensive estate plan.

Once a living will is drafted, it should be kept safe, and made known to the concerned medical and legal authorities. One can also chose a person, in the living will, to act as his/her representative for any specific kind of decisions on the individual's behalf. A Living will is also called an Advance Directive.

The Advantages of a Living Will

The most important advantage, a living will provides is the assurance of the unhindered execution of certain actions, an individual wishes to get done. Once a living will is drafted and signed off, the statements are guaranteed to be carried on, as per their design, irrespective of the individual's physical state. Another major advantage Living will serves, is the possibility of a healthy and appropriate resolution to any dispute, regarding the property or other issues that may crop up among the subject's family, friends and close relatives.

A Living will is extremely facilitative, when the patient's burdens of treatment gets more overwhelming than the benefits it offers. Living wills assures that your doctors and physicians conform to your wishes and requirements, if you are not able to convey this to them. In most of the cases, doctors do what they think is right and needful. It is of significant importance that an individual lets his wishes indubitably acknowledged by everyone, because if he/she is incapable to express, as to whether he would like to stay alive by artificial means or medical support and suffer beyond tolerance, or rather prefer dying in peace, the law and medical practitioners would always try to assist as much as they can to make the person live. One can alter and update the course of actions in their living will if they can determine this, by thinking about such things much in advance.

Once a living will is prepared, designed and signed off, the law is bound to follow the instructions as per decided by the living will. In case a living will (or advanced directive) has been executed for the patient, the medical institutions taking care of the patient must always properly document and record this in his history. There are several regulations determined by the local laws that govern the living will and its execution. All the Health care institutions and organization must comply to these regulations.

Living will is very substantial in the situations regarding health care, mostly for unpredictable cases like accident etc. It is advisable that everyone must prepare in advance to such situations, and have an updated living will with them.

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Saturday, October 18, 2014

What Is Probate Law and How Does It Affect You Today?

Have you made your will official yet? It is not pleasant to talk about, but death will inevitably take us all at some point in our lives. Having an officially recognized will ensures that your estate goes to the people that you want it to when you pass away. The simplest definition of probate is 'the official proving of a will'. The laws of probate can be overwhelming at times, especially when emotions are still raw. It does serve its purpose however as not having a will (in-estate) makes the procedures a lot trickier and the results which can take months may not be what stakeholders deem right.

When a will is filed with the courts, the process for probate varies from country to country, even city to city. However the basic process is someone close to the deceased approaches the courts to act as 'executor', once the executor is established the process starts by collecting all assets and getting a value for the total. Once debts have been paid, the remaining assets can be distributed as per the will before the probate process is formally closed.

The Executioner

The executioner is usually the closest person to the deceased (wife, daughter, father etc.) or a close friend.

Probate affects you today in two ways. As someone who files a will and as a person nominated to be the executioner of a will.

Writing Your Will

Writing a will may seem like a death wish, it is something no one wants to ever think about however there is an incentive. You likely have worked hard for what you have acquired in life and would like your estate to be distributed as you see fit according to your values and wishes. It is also to protect your family, pre nuptial agreements may appear to only be agreed to when a high profile celebrity gets married, or someone wealthy but they are doing it for the same reasons as a will. The subject of money makes people act in irrational ways to protect themselves. Family members may lay claim that they should get everything, while others believe it should be theirs. It is not a nice situation for all involved. By writing your will now, you ensure that these disagreements can be solved by simply reading your official legal will.

As The Executioner

As the writer of the will, you will normally want to tell the person who you are leaving in charge of your estate should tragedy strike. It isn't the easiest conversation to begin, but knowing you have someone you trust can put your mind at ease. When someone brings up the subject with you, there is no set way to react. Simply listening to their requests is best, do not try and influence them either way. If you are unsure of anything though, do ask. Documenting everything possible is the safest option as emotions may get in the way of what was truly requested. In a perfect world there will be many, many years to you put everything in place exactly the way you wish. Make it a common practice to revisit the will every couple of years, to verify that it fits how you feel at that time.

Probate is something most people will deal with from both sides as the executioner and the writer of the will in their lifetime. Having a will ready so that the probate law process can be handled appropriately by all parties is law that should be taken seriously.
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Friday, October 17, 2014

Do Not Resuscitate (DNR) vs. Living Will

Do Not Resuscitate (DNR) order covers two types of emergencies: when your heart stops beat or you stop breathing. Living wills covers almost all types of life-prolonging treatments and procedures.

Thursday, October 16, 2014

Costs of Incorporating or Forming an LLC

The decision to form an LLC or incorporate can help you protect your personal assets from debts and obligations of your business. Unfortunately, many small business owners avoid taking this step because they assume it is too expensive. For a few hundred dollars, these small business owners could form an LLC and gain valuable protection that could one day protect them in case of lawsuit.

Incorporating or forming a limited liability company is not necessarily expensive. There are many entities to choose from, as well as states, each with their own costs. You can also choose to work with an attorney to incorporate your business, which is typically the most costly option. If you want to save money, you can do your own incorporation, but this can be tricky because even simple paperwork mistakes can cost you more later. For many small business owners, the best option is using a corporate service company, which is an affordable option to make sure your paperwork is correct and filed promptly with the state.

The following are expected costs if you are ready to incorporate.

Filing Fees

A filing fee is necessary to create an LLC or corporation. The exact fee will depend on the state in which you incorporate, but it usually ranges between $50 and $350. The cheapest option is forming a Delaware LLC, as the state has the lowest filing fee in the United States. Just remember that cost is not your only consideration, and Delaware incorporation may not be in your best interest.

Publication Fees

If you will incorporate in Pennsylvania, Arizona, Georgia or Nebraska, you will need to pay a publication fee of $150 to $300.

Annual Report Fees

This fee usually ranges from $25 to $200 and depends on your state of incorporation.

Franchise Taxes

This fee will be ongoing and paid every year. Most small businesses pay between $800 and $1,000, and there is usually a minimum and maximum amount of taxes you will pay depending on the entity type you choose and the number of shares you issue. For example, the franchise tax in Delaware is a minimum of $350 but may be as high as $180,000 for large corporations. Delaware has the lowest franchise taxes in the country.

Other Costs

You should also take into account other fees that depend on the type of business you operate. For example, you may incur costs to obtain necessary business licenses or set up a business bank account.

If you are interested in incorporating or forming an LLC with as little cost as possible, start by considering the state in which you will incorporate. You do not need to operate in the state you choose, but it may be more affordable to choose your home state if it is the only state in which you operate. If you are thinking about another state, look at their tax rate and compare it to your own.

It can also help to go over your options with a corporate services company or attorney to choose the right business structure. This decision should be made not only considering incorporation costs but also tax advantages, ongoing maintenance, formalities and ownership structure.

Christine writes for USA Corporate Services, Inc, a corporate services company that helps small business owners take the next step to incorporate. Learn more here.
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Wednesday, October 15, 2014

Advance Directives And End Of Life Expenses

Few if anyone would disagree with the ethical premise that a society should do everything possible to make sick people well. But this ethos seems to have gotten confused with something entirely different: the practice of keeping dying people alive as long as possible without concern for their discomfort, loss of dignity, and financial ruin. When you look at the statistics surrounding the issue of end-of-life expenditures they are truly incredible. In 2008 Medicare alone paid out $50 billion to physicians and medical centers to cover costs associated with the last two months of the lives of dying individuals. To put this into perspective, this was more than the annual budget that was allotted to the Department of Education at that time.

It is estimated that between 18-20% of people who pass away each year do so in the intensive care units of hospitals, and the cost for each day in ICU can reach as much as $10,000. This is in spite of the fact that most people polled do not want to be kept alive through aggressive and intrusive medical procedures when there is no hope for recovery. 75% of American die in hospitals or nursing homes, and in 2010 the average cost for a year in a private room in a nursing home was around $83,000. More people are living longer these days as we all know, these costs are rising all the time, and we are already faced with a federal budget deficit that exceeds $1 trillion.

How you feel about being kept alive through feeding tubes and life support systems at the end of your life is a personal decision. You can state your wishes concerning the types of medical procedures you approve and disapprove of through the execution of a living will, and you can add a health care proxy to name someone to make decisions for you in the event of your incapacitation. It may be a good idea to come to terms with the line that exists between medical issues and end-of-life issues and decide how you would like to proceed from a fully informed and personally empowered perspective.

Alan L. Augulis is a leading provider of expert estate planning guidance in Warren, NJ. For more information on advance directives and other estate planning services, visit our website.
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Tuesday, October 14, 2014

Top 10 Reasons For Criminal Record Expungement

If you're one of the millions of Americans with a criminal record, you've likely experienced a few hardships as a result. There are countless difficulties that can arise if your background isn't spotless and most of those affected have yet to realize the scale of their disabilities. Below are the top ten reasons to apply for expungement of your criminal record. Expungement can relieve the burden and restore hope that has faded with the "life sentence" that can come with mistakes made long ago.

1. Employment

- Employers often deny jobs to applicants with a criminal background.

- Some states even allow employers to terminate current employees if they are found to have had a conviction

2. Education

- The Higher Education Act of 1998 makes students convicted of drug related offenses ineligible for any grant, loan or work assistance.

- Having a criminal record may prevent you from attending the college of your choice or disqualify you from certain graduate programs

3. Housing

- Private landlords can legally deny housing to someone with convictions.

4. Loans

- Having a criminal record may make you ineligible for a loan or result in higher interest rates

- Certain offenses can eliminate the possibility of a student receiving financial aid

5. Licensing & Certifications

- Convictions can prevent you from obtaining state licenses and certifications.

- Over half the states in the U.S. have no standards governing the relevance of an applicant's conviction records for occupational licenses.

6. Insurance Rates
- High insurance premiums may result if a criminal background is found.

- Specific offenses may deem you "uninsurable" or "high risk."

7. Firearm Rights
- Hunting rights may be limited to archery or muzzle loaders.

- Convictions can greatly restrict gun ownership.

8. Federal Assistance
- Several states ban people with convictions from being eligible for federally funded public assistance and food stamps.

- Many public housing authorities deny eligibility for federally assisted housing based on an arrest that never led to a conviction.

9. Adoption
- Fifteen states ban people with a criminal background from becoming an adoptive or foster parent.

10. Volunteering
- Nearly all volunteer positions involving youth require a clean criminal history.

Check your criminal record expungement [] eligibility for Free at [] You may reprint this article free of charge in your newsletter, magazine, or on your website, provided the article is unedited and that the author's information appears with each article. Articles appearing on the web must provide an active hyperlink to the author's web site,
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Monday, October 13, 2014

LLC Information: The Basics of a Limited Liability Company

You will find a lot of LLC information on the Internet about the limited liability company. This legal entity has become the most common and popular of all other choices because it was specifically created to be the most flexible entity available.

As a result, it can be used for small business, real estate, holding and managing any property, family and estate planning, and joint ventures. One can be really simple such as for a single owner small business or an LLC can be used to handle very large and complex activities. For example, Fidelity Investments is an LLC which is owned by many owners and manages billions of dollars of assets.

This Article covers the basic attributes of this amazing legal vehicle.


A Limited Liability Company is a separate and distinct legal person that is created at the state level. It is only formed once a state has acknowledged its existence.

And, in order for a state to establish one, there must be a document filing made by an organizer. The filing is usually called the Articles of Organization and it must strictly comply with the requirements of a state. Each state has its own set of requirements and disclosures and fees.


Once formed, an LLC provides its owners with legally endorsed personal limited liability protection from the entity's debts and obligations. This feature is similar to the corporation.

If you are worried about personal exposure to law suits arising from your business, you should form a limited liability company. For example, you open a store-front business that deals with the public directly, you may worry that the commercial liability insurance you have might not fully protect your personal assets from potential slip-and-fall lawsuits or even claims by suppliers for unpaid bills. Running your business as a Limited Liability Company will give some protection against and other claims against your business.


If the entity is owned by just one member, then there is no added tax complexity. The income generated by the LLC is passed through to the single owner and reported on his or her personal return. Even if it is owned by multiple members, profits and losses are normally passed through the owners as if it were a partnership. But unlike a general partnership, on owners are subject to personal liability because of ownership.

This tax benefit is a significant one. The corporation, another alternative, offers the same personal asset protection but is subject to what is known as double taxation. While there is an option for elect for a corporation to be taxed as a pass through (single layer), there are quite a few requirements and restrictions. With the LLC, your entity will automatically qualify for the best tax treatment.


Another great feature is that you can tailor the management and ownership structure of a limited liability company to suit your needs. There are very little legal mandates and this makes it easier for anyone to use one to meet their specific purposes.

For more LLC information and to get more details about forming an LLC, governance, operations, taxation and other related subjects, you can click here and search the LLC Answers database, a comprehensive collection of commonly asked questions and answers about the limited liability company: LLC Answers Site
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Sunday, October 12, 2014

Benefits of an LLC For Rental Property Owners

Rental property owners are entrepreneurs. And as entrepreneurs, their primary goal is to maximize profit. One of the most basic steps in maximizing profit is to minimize costs and other liabilities. Recently, the up and coming trend of protecting one's personal assets from the liabilities of a rental business is to set up an LLC over the rental properties. With this LLC, the rental property owner's personal property, like home, car and other assets, are protected from the unpredictable demands of owning rental property. There are also other benefits of an LLC for rental property owners.

Personal property protection

First of, what is an LLC? LLC stands for Limited Liability Company. Without the LLC, business owners are liable for damages and other losses from their business even with their own personal assets.

To illustrate, a sole-proprietor will have to pay for anything and everything that deals with his business out of his own pockets. He can never interpose that his business is bankrupt when he still maintains a personal bank account, his own car and his own home. His personal assets will have to answer for the deficiency. Corporate shareholders do not have this problem because they are protected by the law on corporations that shareholders are only liable for losses out of their corporate shares, hence, their personal property is protected and remains untouched by any corporate liability. The downside of forming a corporation though is that the process itself is meticulous and profits will have to be shared with a handful of shareholders.

LLC combines the ease of being a sole-proprietor with the potential of earning huge profits all by yourself and the protection to personal assets that corporations offer. Personal property protection is the most basic and primary of the benefits of an LLC for rental property owners.

Tax advantages

Another of the benefits of an LLC for rental property owners is the tax advantages. Has even better tax treatment than when in a corporation. A corporate shareholder in essence will have to pay taxes twice. First, when the corporation itself pays its taxes, and second when the shareholder has to pay his own tax from the income derived from the corporation. An LLC is not taxed as a separate entity. The property owner will only have to pay his taxes once, upon his receipt of the income from the rental property. Also, the net loss in the LLC can be declared as a personal deduction for the property owner!

Be a professional by name

Real estate laws require one to spend a certain number of hours in real estate activities to be called as professionals in the real estate industry. But being in an LLC, these requirements are cut in as much as half!

An LLC may be obtained for separate properties

Another of the great benefits of an LLC for rental property owners is that a different or separate LLC may be obtained for each and every property. Why is this beneficial? Because when an investment is sued covered by an LLC, all the properties belonging to that LLC will stand liable for the suit. Covering separate properties with separate LLCs will only make the specific property or investment liable for the claim it is sued for.

These are only the basic benefits of an LLC for rental property owners. And these are already enough to convince any serious business-minded property owner, what would a more detailed study of the benefits do? Start protecting your own personal property and increasing your profits all in the same time. Get an LLC now!

North New England [] Homes Blog and North New England Homes can offer you a whole deal of information about the real estate market. Whether you want to sell your house, buy a property or rent one, getting all the information that you need will give you a great advantage.
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Saturday, October 11, 2014

Do Uncontested Divorce Forms Make Things Easier For You?

Marriage is a beautiful relationship of care, love and intimacy where both parties work towards the betterment of each other. When couples decide to marry, they obviously do not intend the marriage to end in a divorce. However, it is sad that many couples find that they simply cannot continue living together and must break apart. The emotional stress apart, the legal aspect of filing divorce papers can also be very intense and overwhelming. Uncontested divorce forms can make things lot easier if both parties are on the same platform.

Technically, you have the right to contest a divorce but you can also opt for an uncontested divorce if you want to save yourself the trouble of a long drawn out legal process and exposing yourself to scrutiny. The fact is that when you contest the divorce papers filed by your spouse, you will be grilled in court and believe it or not, it is not going to be a pleasant experience at all.

Divorce applications are defined as either at-fault or no-fault divorce. The law allows that you can file divorce papers simply on the basis of incompatibility and irreconcilable differences without providing grounds (reasons or faults) for filing divorce. Of course, if you choose to you can allege faults but you have to prove them in court.

Regardless of which type of divorce you choose, it depends upon you whether you wish to contest it or not. Uncontested divorce may be filed through uncontested divorce forms, a simple procedure that covers all the issues related to a divorce. You can file uncontested divorce forms on your own or let an attorney file divorce papers on your behalf.

Considering the fact that nearly 50% of the marriages in USA end up in a divorce, the law has made it easier for married couples by providing an option of filing divorce papers by completing simple but extensive uncontested divorce forms on their own.

In the event you decide to contest a divorce you have to be prepared for it. Contested divorce means that you need to be ready for attacks from all sides. It is a long and complex process of discovery. It involves formal systematic questioning, a process known as the interrogatory. Each party has to send a long list of questions through an attorney and the other has to answer under oath.

The interrogatory includes questions regarding your finances, properties held singly or jointly regardless of whether they were acquired before or during the marriage, all assets and sources of income, debts and any other financial matter. Each claim and counter claim is keenly contested with and attorneys from either side may ask for documentary evidence in support of each and every declaration made in the divorce papers.

This is followed by a process known as Deposition a pretrial interrogation where you and one or more witness are required to answer questions under oath. This is usually conducted in a lawyer's office. The case is then argued in court where the primary aim of the lawyers is to develop on the loopholes identified in the other party's claim and negotiate a better deal for their clients.

Uncontested divorce is a simple procedure involving filing divorce papers through uncontested divorce forms. The precondition to filing divorce of this type is that both parties should have agreed on all issues. In an uncontested divorce it is important that all issues are settled one to one. If that is not

Sharon Peppers has first hand experience with Divorce and filing filing divorce papers []. She shares the details of the process and gives tips and strategies to help you get through it and get on with your life. To here more about uncontested divorce forms [] and other aspects of divorce visit her blog.
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Friday, October 10, 2014

Grounds For Divorce

We've all heard about "fault" and "no-fault" divorce. While its true that many state laws provide for a variety of fault-based grounds for divorce, such as adultery, cruelty, or abandonment, almost all states also offer some sort of no-fault divorce.

Thursday, October 9, 2014

Annulment Versus Divorce

There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.

Tuesday, October 7, 2014

Last Will

The Last Will and Testament is a directive of how you would like your estate to be handled. The last will and testament form appoints an executor to handle your affairs and distribute your assets to the beneficiaries named by you in your last will.

How to ensure that your estate is handled according to your wishes?

An improperly prepared often results that the estate is not handled according to the wishes outlined in the last will. This may arise due to a variety of reasons that include:

1. The form is not state specific
2. The form is not up to date with current state laws.
3. The form is not specific enough leaving room for many different interpretations.

Any last will not meeting the conditions above not only results in the wishes in the form not being implemented but also a costly and prolonged legal battle between the beneficiaries. In addition, having a proper last will lead to a more amicable relationship between the beneficiaries since everything is clearly outlined.

What is the most cost effective option available?

The Internet changed the way we do many things. Legal documents are no exception. The same standard form used by an attorney can be obtained online for a fraction of the price. The form can be purchased online, downloaded, edited and printed.

What are the most important tips for completing a Last Will and Testament?

1. Destroy all copies of old and prior wills you have previously executed.

2. Provide at least nominal gifts to all your children. If you leave nothing for them, a judge could determine at a later date that you forgot to do so, should one of them challenge your Will. Even a gift of $1 to the child you "omit" will suffice.

3. Choose appropriate witnesses. All states require two witnesses, with the exception of Vermont. However, it is strongly recommended that you have three witnesses sign your Will in the event a witness dies or moves to another state. Your spouse or children should not serve as witnesses. Your witnesses must be at least 18 years of age and should not be a beneficiary to your Will.

4. Choose an appropriate executor and alternate executor. Ideally, these individuals should reside in the same state. Otherwise, it would be costly for your executor to travel back-and-forth toes manage your estate.

Last Will and Testament Form.
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Monday, October 6, 2014

What Are the Tax Benefits for LLCs?

If you form a limited liability company (LLC) from your business, this is an excellent way to protect your personal assets from the liabilities of your company. Incorporation protects your own property, if a judgment is rendered against your business. In addition, forming an LLC gives you an advantage, since your business isn't responsible for the taxation of its profits.

The owner of an LLC reports the profits and losses of the business on his personal tax return. This operates in a way that is similar to general partnerships or sole proprietorships. These are called "pass-through" taxes, and you will not have to file a corporate return if you own an LLC. Your share of the profits or losses is reported on your individual tax return.

No Residency Requirements

When you form an LLC, you do not have to live in the state in which it is formed. You don't even need to be a permanent US resident or a US citizen. For this reason and others, businesses owned by immigrants are usually formed as LLCs.

LLCs give your company more credibility with prospective customers, suppliers, partners and lenders. The LLC is often favorably looked upon by other businesses.

LLCs have flexible management structure. Your LLC can establish any type of organizational structure upon which the owners agree. It can be managed by the owners, known as members, or by managers. This differs from corporations, which must have a set board of directors who will oversee all major business decisions for the company. They will also manage all the affairs on a day-to-day basis.

LLCs encounter fewer ongoing formalities and annual requirements imposed by states than corporations do. In addition, there are fewer restrictions on who can own an LLC, unlike the rules found with S Corporations.

You may also be considering how to incorporate a business as an S-Corp or C-Corp, if you plan to incorporate rather than pursue registration as an LLC.

What is an S-Corporation?

An S Corp has similarities to LLCs, because its federal tax status also allows pass-through of taxable income or losses to the investors or owners. Your company will not be double-taxed as it is with a C corporation. S Corp status offers you pass through taxation, limited liability protection, investment opportunities and the elimination of double taxation on business income. An S Corp can also continue to function even if the original owner dies.

What about a C-Corporation?

If you prefer to incorporate, as opposed to becoming a Delaware LLC or an LLC in your home state, the C-Corp is the most common type found in the US. When you form a C-Corp, you will create a separate structure that shields personal assets from any judgments against your company. C-Corp structure includes officers, shareholders and directors.

Christine writes for USA Corporate Services, a company that helps entrepreneurs incorporate a business or form a limited liability company.
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Sunday, October 5, 2014

How to Get Your DUI Record Expunged

After you are arrested for driving under the influence, or if you have been convicted of a crime, you may qualify to have your criminal record expunged or sealed. Some legal professionals call expungement a setting aside. This means that, when a new landlord, educational institution or employer checks your criminal history, nothing shows up. When you are filling out applications for employment, admission to college or to rent a home, you don't have to include that information. For persons who were arrested or convicted of underage DUI, this can help them move forward from the actions of their youth as they work to gain a fresh start on their lives.

Just because you are able to get an arrest or conviction sealed does not mean that it will never be seen again. Law enforcement, criminal courts and some government agencies can still get a copy of your record. When this happens, your criminal history is only considered to be under seal, not completely expunged.

To be eligible to apply for an expungement of your criminal record, your situation must fall under several categories.

These factors include how much time has passed since you were arrested or convicted and your entire criminal history, including arrests or convictions in other jurisdictions. The final factor is the nature of the crime for which you are seeking expungement. If you want to get a DUI or a shoplifting conviction sealed, this will be easier than getting a sex offense or an attempted murder conviction sealed. The final category that affects your ability to get your record expunged touches on any other crimes you may have committed. Again, more serious crimes will make it harder for you to get an expungement.

The expungement procedure requires that you must actively work to get the paperwork to the district attorney. It does not happen automatically once your probation or parole has been satisfied. You may also be required to fill out the application for expungement yourself or deliver the paperwork. After all of this, you need to take the completed and signed petition to the correct court. In addition, you may be required to pay a filing fee to the court. Once all of these steps have been completed, the court where you filed the paperwork schedules an expungement hearing. Even when you have jumped through all of these hoops, you don't know whether your criminal history is going to be expunged because the judge has to take all of the above factors into consideration before he makes up his mind. The judge may consider your motivation in completing the process, but he still has to look at the nature of the crime for which you are requesting expungement.

Should you commit another crime, the court can legally look at your past criminal history and use that as a basis for sentencing you for the new crime. An immigration attorney can also pull up your past criminal history when he petitions to have you deported back to your country of birth. He is legally able to present the evidence of your past crime or crimes to the immigration judge as proof that you should not be allowed to remain in the United States. is an online law information site and delivers unbiased articles, analysis and other developments of the legal landscape. Read more about Dui Attorney [].
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Friday, October 3, 2014

Thursday, October 2, 2014

Power of Attorney - What Are the Options?

Business or personal matters often require giving power of attorney (abbreviated as POA) privileges to chosen individuals. POA authorizes the chosen individual to decide matters relating to finance or healthcare for another person who are not capable of deciding anything on his/her own.

Before giving such privileges to any person, you need to know how it works, as well as the rights given to that person. The person nominated for the purpose must be competent in making decisions, some of which may go against the wishes of other members of the family.

Law makes it obligatory to give POA only to persons who are at least eighteen years old. It is extremely important to select a person capable of taking difficult decisions relating to finance and health.

People can choose between different kinds of rights and responsibilities that they can transfer through a Power of Attorney form, depending on their needs. Every POA involves two persons, the 'Principal' and the 'Attorney-in-Fact.' The former is the individual who defines the contract, and the latter is an individual who executes the duties specified therein.

The most usual kind of contract is the Durable Power of Attorney. It's a legal document, authorizing the attorney-in-fact to take decisions concerning the finances and health, as stipulated by the Principal. This kind of POA remains in force till the Principal dies or revokes this act.

The other frequently made document is called the Non-Durable Power of Attorney. The attorney-in-fact to is authorized to take decisions for certain transactions, which are specified in the act. This kind of POA is usually made when the Principal needs to undergo surgery or another medical treatment that could make them unable for taking decisions. This POA is valid for a particular transaction, and automatically expires after the operation took place.

A Healthcare Power of Attorney is required while authorizing an individual for taking medical decisions for the Principal. It essentially involves discussing the types of treatments to which the principal may be subjected to.

The Limited Power of Attorney is generally given to another person for selling or transferring some Real Estate or property in the possession of the Principal. The privilege expires after the completion of the transaction.

Most do not feel comfortable discussing such topics. However, the kind of treatment to be followed should be discussed in advance, in case anything unexpected happens. For instance, if someone doesn't want to be kept on a life support system, when the brain is declared dead, he/she should specifically mention it in his/her healthcare POA. Else, the medical personnel is obliged to obey the state laws and continue with the regular medical treatment.

It is always worthwhile talking to an attorney before making any Power of Attorney. An attorney can suggest the most suitable document required for the circumstances, and thus help the Principal in selecting a suitable person for executing the specified duties. Are you looking for a Power of Attorney sample? Click here to visit and browse through the samples we have prepared for you!
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Wednesday, October 1, 2014

Duties Owed By Trustees To Trust Beneficiaries

Trustees are responsible for holding trust property for the benefit of the beneficiaries. Thus, the law imposes several legal duties on the trustee to ensure that the beneficiaries' best interests are protected.