Saturday, January 31, 2015

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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Friday, January 30, 2015

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, January 29, 2015

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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Wednesday, January 28, 2015

Situations Where Your Last Will May Be Considered Void

Drafting a last will and testament is something we only hope to do one time. Creating a document that specifies our wishes after our deaths can cause some anxiety in that we are reminded of our mortality, but more than that making changes to a will can cause headaches if not done correctly. You also risk voiding your will under certain circumstances. In order to keep your friends and loved ones from inheriting any headaches along with your estate, it is important to know exactly what events can void your will.

If your will is judged void after your death, it opens the door to any number of disputes between family and friends as they argue over dispersing your assets. Charities you wished to benefit from your generosity may not receive the funds you set aside for them, and even your burial plans may be altered. It is important, therefore, to make sure you following everything to the letter. Here are a few situations that could lead to voiding your will.

1) You make unauthorized changes. When you complete a will, it is typically signed and witnessed, and notarized. If you make written additions or deletions anytime after that period, somebody could contest the validity of the will and cause problems. If you want to make corrections after the legalities are complete, you can either destroy the current will and start over, or draft a codicil to accompany the will you current have.

2) You were not of sound mind when you wrote the will. Some people may be pressured or heavily encouraged to draft a document in order to bring peace of mind for your family. However, a will written under duress or other influence could be proven invalid if somebody believes you were not of sound mind at the time. You want to make it perfectly clear that your wishes are your own, and that you have not been forced to write anything you didn't want to write.

3) Changes in marital status. Depending on the laws in your state, a will drafted before a legal marriage or divorce could allow a party to contest your will if you do not have it changed. If you have a will ready and decide to marry or remarry, speak with your attorney about what needs to be done to ensure your wishes are kept intact.

Take care to know what factors could render your last will and testament void.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.
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Tuesday, January 27, 2015

Getting Your Record Expunged

If you have a criminal record, you're no stranger to the ill effects it can have on your life. Background checks are increasingly common among employers, property owners, and various employment licensing agencies. A new study published by the Office Journal of the American Association of Pediatrics, indicates that around 25% of Americans have been arrested at least once by the age of 23. Even a criminal charge from many years ago can affect your chances of being hired or rented to. For some people, depending on various factors of which we'll discuss here, expungement may be a way to eliminate the hassle that is caused by a criminal record.

What is expungment?

Expungement refers to a process in which a person with a past criminal record petitions the court to have his/her record sealed (expunged). A sealed record is then unsearchable by the state and federal agencies that provide information for background checks. A person who has had their record expunged would proceed as if the criminal charge or conviction never occurred. Therefore for questions on employment or rental applications that ask if you have a past criminal conviction, it would generally be appropriate to answer 'no'. Generally, the FBI and police officers still have access to your criminal record even after it's expunged.

The expungment process

Specific processes for expungement will vary from state to state as each state dictates their own expungment laws. A good first step would be to obtain a copy of your criminal record to make sure you know the exact charge(s) that are on it. Usually you can obtain a copy of your criminal record from your local county courthouse or from your local police department. If this is not true for your area, those agencies should be able to direct you to the appropriate place to obtain that information.

After obtaining a copy of your record, you'll need to do some research on the specific expungement statutes and processes in your area. A quick Google search should provide you with results. Paperwork will have to be filed with the court and then a court date will be scheduled. However, don't be fooled into thinking it's a quick and easy process. It is generally advisable to get a lawyer representation as it will increase your chances of success.

In general it is easier to get an older conviction expunged as opposed to a more recent one. The likelihood that an expungement is granted will also depend on the type and severity of the conviction. You will increase your chances for success if you can show life changes that have occurred since you were charged with the crime. For example, if you were charged with a drug related charge 10 years ago but have since successfully completed treatment and have remained sober since then, you should include that information your petition. Make sure that your petition is thoroughly completed as some states have time limits imposed regarding how long you have to wait to re-petition the court.

If you need to consult a lawyer over a record expungement, please contact.
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Monday, January 26, 2015

Advance Directives: A Need for All Ages

Emergencies or a health care crisis can happen at any time, and the time to think about how you would want your medical care is now.

Sunday, January 25, 2015

Saturday, January 24, 2015

Friday, January 23, 2015

Thursday, January 22, 2015

Living Wills Review: Five Reasons Why You Must Have A Living Will

Living wills and advance directives have lately become the hot topic of discussion with the case of the brain-dead pregnant women in Texas going to the courts to decide. While her individual rights versus Texas state law makes for a heated debate, the real question for most Americans and Canadians should be 'What happens if you don't have a living will and the unthinkable happens?'

Every year, thousands of people have an unfortunate accident that leaves them in an incapacitated state. This is where a living will comes into play. A living will, which can also be known as an advance health care directive or advance directive, is a set of instructions given by you, allowing for what types of medical intervention and treatment you would like to receive, if you are in a state of mind where you cannot make decisions for yourself. If you don't have a living will, you leave these decisions to someone else. So, there by itself, is the number one reason for having a living will. Now let's break down the other 4 major reasons why you should have a living will:

2. Avoid Family Fighting. Imagine what not having a living will could do to your family. If you haven't made the medical decisions that are usually addressed in a living will, depending on your state or province, often times it is left up to your family to make these pain staking decisions for you. Imagine your spouse having to decide whether or not to keep you on life support. Now imagine your mother, or brother, disagreeing with their decision. The emotional toll this can take on a family could be devastating. The case of Terri Schvaio often comes to mind. Back in 1990 she collapsed and fell into a coma for more than two months, and then was declared to be in a vegetative state. Years later, her husband made the decision, against her parents' wishes, to have her removed from a feeding tube. The argument went on for seven years. You can imagine the emotional toll your family would suffer in a similar situation.

3. The Medical Costs. In some cases when a person is incapacitated, the prolonged period of keeping a patient alive can outlast the medical insurance, leaving the extra costs to be paid by the patient's estate. Many times, when the decision is made by the spouse, or other family member, to artificially extend one's life, the medical costs involved can cause an extreme financial burden. It is not unheard of for families to end up losing everything because of this. If you were incapacitated, could you imagine your family losing their home, or possibly facing medical bankruptcy?

4. The Legal Costs. All it takes is for two family members to disagree and here comes the lawyers. This happens in many cases, like Terri Schvaio's, where lawyers for the disagreeing parties spend weeks, months, and even years, arguing for their side, all the while the costs are adding up. And eventually someone will have to pay those bills. Imagine the life insurance you left to protect your family, ending up in the hands of attorneys, all because no one knew what your wishes were. These situations happen all too often. You having a living will can avoid a catastrophe like this.

5. Peace of Mind. Simply put, when you have a living will, you are more likely to have the peace of mind of knowing that your wishes will be known, and that family members won't have to fret over whether or not they made the right decision. It is perhaps one of the most responsible, unselfish acts you can take by keeping the heart wrenching decisions out of the hands of your loved ones. If the unthinkable were to happen to you, there would be no reason to compound your family's suffering.

Now that you have the five major reasons to get your living will, you have to decide what to include in it. There are many points to consider, like if you should appoint a medical power of attorney (POA), where you would designate someone you trust to make decisions that may not have been covered in your living will, or adding a 'do not resuscitate' directive. These are some of the many items you will want to discuss with your family. Also consult your attorney for advice on your state's laws when drafting a living will.

I heard it said that having a will is like writing a final love letter to your loved ones to assure they get everything you want them to have. When you think of it in these terms, a living will would be an extension of that love letter, preventing unnecessary pain and hardships for your family, just in case you were to experience an incapacitated state for any length of time.

Gerard Cassagnol is a professional writer and has written several articles on legal issues of the day. He is an advocate for affordable legal representation and coverage in the USA and Canada. He has had a legal plan membership for over 15 years, and is now a marketer of legal plans and identity theft plans for individuals, families, and small businesses.
For more information about Individual and Family Legal Protection, please go to FREE Insider Report on Legal Protection
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Wednesday, January 21, 2015

Estate Planning : Do You Always Have to Probate a Will?

If the deceased has assets with deeds, a will most likely will not avoid probate. Strengthen your understanding of probate court with an estate planning and probate lawyer in this free video on estate law.

Tuesday, January 20, 2015

By The People Commercial

We're a legal document assistance company, and basically that means we help people do their own documents. The main two services we provide are living trusts and divorce. So what we pride ourselves is going above and beyond for each and every one of our customers. Whether that means sometimes going to the house and doing a home visit for home bound people who need that service. Sometimes its a notary, sometimes it's a living trust. We work with everybody. If you have a legal need, we're going to be here to help you.

Part of the Free Commercial Push by A Squared. Published online only.

Monday, January 19, 2015

DIVORCE !!! Easier than you think? - By The People Fairfield CA

Rene goes over how a divorce does not always need to involve a full legal team. He explains the process of how By The People can help file the paperwork necessary for the courts. See more at

Sunday, January 18, 2015

Conservatorship Information

A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Saturday, January 17, 2015

An Overview of a Quit Claim Deed

The deed to a property is a legal document that establishes ownership. There are different types of deeds. Here is an overview of a quit claim deed.

An Overview of a Quit Claim Deed

Quit claim deeds are a form of deed used in the transfer or sale of property when a grantor, a person who owns an interest in the property, is essentially allowing the transfer of that property to another person. The grantors do not actually own the property but rather simply have responsibility over it. For this reason, grantors have the legal right to sell the property but there is a catch.

The quit claim deed offers little protection for buyers down the road. Although the property will be transferred to the grantee from the grantor, the quit claim deed does not legally protect the grantee from future claims to the property. The grantor does not legally own the property and so that leaves a back door open for potential future problems regarding the property.

Quit claim deeds are often used in a couple situations due to their relative simplicity compared to many of the other forms that have to be filed during property transfer and/or sales. One, the quit claim deed is used to clear up a title. And two, quit claim deeds are effective for those who want to use a simplistic method for giving up their interests in a certain property.

When used in a sale of a property, quit claim deeds can result in significant risk to the buyers of the property. However, quit claim deeds still have other uses that are very beneficial. For instance, in the case where there are multiple people who have claims to a home, such as when a relative passes away, a quit claim deed is an effective way of one of these people to legally transfer their interests in the home to another person. A divorce can create a similar situation, making the quit claim deed very useful.

It is important to be smart about which form of deed you will be using and signing whether you are a seller or a buyer. Know what the potential risks are and the protections that are being offered by the deed so as to better be prepared.

Raynor James is with the site - - FSBO homes for sale by owner.
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Friday, January 16, 2015

California Estate Planning Basics

California estate planning is essential for residents of the Golden State. Basic strategies should encompass executing a last will and testament; establishing a healthcare proxy; and designating power of attorney rights. Dependent on estate value, establishing a trust can further protect inheritance assets.

California estate planning strategies must comply with state and federal laws. California has some of the most complex probate laws in the country, so it is best to work with a qualified estate planner or probate attorney.

Probate is used within the US to settle estates that are not protected by a trust. The process varies depending on if decedents engaged in estate planning procedures prior to death. When individuals die without leaving a Will, the estate settlement process requires additional time and exposes the estate to a higher level of creditor claims or the potential for heirs to contest the Will.

The last will and testament provides directive as to how estate assets should be distributed. It is also used to appoint a personal representative charged with duties required to complete estate settlement process. Without these written directives, the estate must be settled according to California probate code.

The timeliness of estate settlement depends on various factors. One of the most prevalent is estate value. In the state of California, estates appraised with values of less than $100,000 are usually exempt from probate if a legal Will has been executed and filed through court.

The estate must undergo a 40-day waiting period to avoid probate. Afterward, the personal representative must present a legal affidavit to the court before distributing inheritance gifts to designated beneficiaries.

When decedents do not leave a Will the estate is required to undergo a probate proceeding to determine rightful heirs. This is particularly important to understand if California residents do not want to bequeath gifts to direct lineage relatives. In order to disinherit relatives the Will must include a disinheritance clause which states the reason why heirs are not entitled to estate assets.

The purpose of including the disinheritance statement is to minimize risks of heirs contesting the Will. It is not uncommon for disinherited relatives to claim the decedent was under the influence of another person or was of unsound mind.

Contesting a Will can freeze assets in probate for months on end. This act can force personal representatives to sell inheritance assets to cover legal expenses. Defense fees can easily bankrupt small estates and leave nothing for designated beneficiaries.

In addition to protecting assets, California estate planning is the most effective strategy for establishing healthcare proxies. This document allows individuals to document the type of medical treatment they do or do not want to have if they are incapable of making decisions due to illness or injury. Healthcare proxies include 'Do Not Resuscitate' (DNR) orders, as well as providing directives regarding life support and delivery of nutritional intravenous feedings.

Estate planning is also used to grant Power of Attorney rights. POA is an important decision that should not be taken lightly. The person granted with POA powers should be someone who can be trusted to make smart financial decisions, and make difficult decisions on your behalf if you become incapacitated.

Establishing California estate planning strategies is one of the best gifts to leave loved ones. Without written directives, decisions surrounding your estate will be left to the courts and chances are they won't be what you would have wanted. Additionally, putting affairs in order can reduce family discord and allow for efficient distribution of inheritance gifts.

Simon Volkov is a California probate liquidator and real estate investor who specializes in buying and selling probate properties. He shares insights about California estate planning and shares resources for learning how to avoid probate and protect inheritance assets at
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Thursday, January 15, 2015

Wills Vs. Trusts: Suze Orman

Finance expert Suze Orman discusses the differences between a will and a trust and why both are important to have.

Wednesday, January 14, 2015

Can You Afford Effective Estate Planning?

"Can I Afford Effective Estate Planning?"

That's Really Not the Right Question.

What you should be asking yourself is: "Can I Afford Not to Do It?"

You may be asking yourself whether you can really afford to do the effective estate planning that you know needs to be done. That's not the question to ask. The real question is whether you and your family can afford to be without the protection and security that the right planning provides.

Would you drive without car insurance? How would you feel without the protection that liability and property coverage offers??

Would you leave your home uninsured?

Would you go without health insurance, knowing that any major medical bills could wipe you out?
In the case of the car, home, and health insurance, you're protecting against the possibility of something happening. If an insured event occurs, then your insurance will cover you, and the premiums you paid for the insurance will be more than worth it.

Estate planning is protecting against the possibility that you might become incapacitated during your lifetime, and the certainty that you will pass away one day.

So what protection and security does the right kind of planning provide?

Protecting You if You Become Incapacitated. If you become incapacitated and need help managing your financial affairs and your medical care, the people you want helping you will need the proper legal documents in order to have the authority to act for you.

Protecting Your Loved Ones. The right kind of estate planning will protect your loved ones from any of the following:

  • Creditors - whether they have creditor problems now, or some that arise in the future.
  • Predators - people who would take advantage of them after they receive an inheritance from you.
  • Poor Financial Judgment - sometimes our loved ones just aren't good at handling money.
  • Loss of Benefits - if you have a loved one with Special Needs, then having the right plan will protect their continuing benefits.
  • Family Feuds - Unfortunately, when your planning is not done correctly, horrible feuds can arise between family members, even among siblings who previously got along.
  • Divorce Loss - if one of your loved ones got divorced, would you want their ex-spouse to receive half of their inheritance? Without proper planning, that can happen.
  • Blended Families - in families where there are children from other marriages, then the right estate planning will protect against one side of the family being inadvertently disinherited.
Protecting Your Assets. The right planning will protect your assets from unnecessary expenses, and the potential for loss from creditors or a nursing home spend-down.

  • Probate Expense - If your estate goes through Probate, then your family will pay a much higher cost to administer your estate. The attorney fee to pay in Probate is calculated as a percentage of your assets, starting as high as 4.5%. For example, in Lucas County, the attorney fee for probating a $400,000 estate (gross value) would be $15,000. With the right planning, that cost could be significantly reduced, resulting in savings of up to $11,000!
  • Creditors or Long Term Care Spend Down. If you're concerned about the potential for losing your savings to a nursing home, and if long term care insurance is not an option for you, then the right kind of estate planning can help protect a large portion of your assets and preserve them for your loved ones.
Whether or not your current estate planning is appropriate for your current needs and goals is something you need to be concerned about. In our office, we offer a no-cost and no-obligation initial consultation. We meet with you to determine whether your current planning is appropriate for your needs and goals, and make recommendations for any changes that may be required. Call our office to schedule an appointment with one of our estate planning attorneys, or visit our website ( to learn more about our services and how effective estate planning can benefit you and your loved ones.
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Tuesday, January 13, 2015

Estate Planning : What Is Made Public in a Probate?

Many probate courts place entire wills and asset lists in public record or make them available online. Learn about what goes public in probate from an estate planning and probate lawyer in this free video on estate law.

Sunday, January 11, 2015

Criminal Records: Do You Qualify for Expungement?

Expungement is not the same thing as sealing. The terms are very close in meaning with subtle differences. However, an expungement means that the criminal record is erased as if they crime never happened. Sealing simply hides the record and make it no longer public information. This is important because each state has different laws that apply to each of these terms.

Saturday, January 10, 2015

Living Will - Why it is More Important and Its Pros and Cons

A Living will, quite often you must have come across this term. But how many of us know its usage, its importance, advantages and disadvantages? There are many articles written on this topic. One can go and find out information from various sources. This article mostly features the important factors of living will, the basic idea behind its making as well as its advantages and disadvantages.

As the name says "living will", from its name it suggests that it has got something to do with legal document. Yes, a living-will is a document in which an individual writes about his/her medical wishes and desires. This document is converted into a legal document and is used during the time when an individual will no longer be able to take any decision due to incapacity or illness. In other words, this term is explained as advance health care directive, advance directives or advance decision.

An individual who has made such kind of advance directives, appoints a person so that he can take any decisions on their behalf. This kind of will is an oldest form of "leaving instructions for medical treatment". In today's world, concept of making such kind medical wish or desire on a legal document is quite encouraged. This legal document is benefited while giving comprehensive guidance regarding an individual's care.

Writing a living will has to be very specific. Therefore, in some cases it restricts the use of various kinds of burdensome treatment. Individual can also express their wishes on how his food and water will be supplied, either via medical devices or tubes. An individual can also be more specific regarding the service that he expects with respect to pain relief or analgesia, antibiotics, feeding, usage of ventilators or antibiotics.

Disadvantages of advance directives:

• Main disadvantage of an advance decision is; there is no statute in New York governing such kind of living-wills. Advance will is valid as long as it states specific and convincing evidence.
• Drafting out an advance will is not an easy job. It requires specific instructions regarding all possible events in future. It is impossible for one to imagine what an individual would really want in the situations.
• In case an individual fails to make his advance will specific and clear, then there could be refusal of treatment.

Advantages of advance directives:

• The main advantage of living will is that it respects the human rights of a patient.
• Drafting an advance directive creates full discussion on medical treatment and services.
• It helps the medical professionals to decide what the patient wants.
• A patient's family or relatives will be free from taking difficult decisions.

Once you decide to create such kind of legal document, you should not get confused in between an advance directives and a trust. Role of a trust is to handle the property/assets of an individual after his/her death. Trust has got nothing to do with the medical care decisions. In response to increasing improvement in the field of medicine, concept of an advance directive was implemented.

Visit for more Annuity and Life Insurance Tips and Tricks.
Call Robert Eldridge directly at 800-643-7544.
Robert Eldridge holds over a decade of experience as a multiline agent in multiple states and currently serves on the membership council of the National Association of Insurance and Financial Advisors
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Friday, January 9, 2015

Roadblocks to Surpass When Starting an LLC Business

Some folks have a lot more excuses than reasons to start an LLC business. Some optimists would prefer to label them as roadblocks that serve well as challenges. Taking this perspective will help business owners persevere despite the challenges that come their way. Here are some of the roadblocks that anyone starting an LLC business in are likely to face:

- Bad economy

Even when the economy is good, you might still have reasons not to take the entrepreneurial jump. It is a fact, however, that opportunities abound even on a bad economy. The challenge is how to spot these opportunities so that your LLC business can flourish.

- Financing

Money is not always enough to start an LLC business, or elsewhere for that matter. Fortunately for those who wish to put up their own LLC, there are banks that offer financing instruments that could provide the necessary operating capital.

- Location

There will be no shortage of business-worthy locations as long as you are offering the right products and services in the right place where your customers are likely to be at. School fairs and carnivals would be ideal for a food kiosk or a novelty shop. Just be where your potential customers could possibly hanging out.

- Marketing plan

Of course, a big factor to consider in setting up your LLC business is your marketing plan. How are you going to promote your products and services to your customers? What messages would be compelling enough for them to buy your products or avail of your services? These are just a couple of questions you should ask yourself. The answers to these questions should be factored in when you draft your marketing plan.

- Suppliers

Most small businesses do not exist on their own. In most cases, you will have to rely on suppliers whether for your raw materials or for the products that you are going to distribute. Your partners in your LLC business are your suppliers. Make sure that you find those that can match your customer demand. If necessary, you should be able to find several suppliers to ensure that you will not run out of the products and services that you intend to sell to your customers.

- Number of employees to hire

Hire only based on what you can afford. Some new start ups would hire more employees than what they could afford on their budget. They hire people so they don't have to do all of the work themselves. If there are some tasks that you can do yourself, do it yourself for the meantime and keep whatever money you could instead of paying an additional employee who might not exactly be critical for the operations of your LLC business.

If you are looking for information on LLC business in Tennessee, click on the link. Or you can visit
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Thursday, January 8, 2015

Tuesday, January 6, 2015

What You Should Know About Guardianships and Conservatorships

There is a lot of fear involved when a loved one becomes unable to care for himself. Whether it is a physical problem or a mental one, the stress and concern created will not just go away. Your loved one must be cared for and protected, both physically and financially. That is why conservatorships and guardianships are so important; they establish a system that allows you to manage the affairs of another individual who cannot manage for themselves. Here is a brief overview:

Conservatorships are for people who cannot manage their financial assets for whatever reason. If your loved one is not able to manage their own financial affairs, you can be appointed as their conservator. As a conservator, you will be given trustee status, which means you can handle financial affairs for them without their pre-approval. While you will not have any power over personal care decisions, you can choose to redistribute funds, invest in stocks, and even purchase property in order to protect the financial status of the afore mentioned individual. For those with mental handicaps or Alzheimer's disease, this type of conservatorship can be extremely helpful.

However, guardianships are quite different. While in a conservatorship, you are only responsible for the financial affairs of an individual, guardianships are for those individuals who are completely incapacitated. In other words, not only do they need someone to manage their money, but they cannot be responsible for their own general health or well-being either.

Guardians can either be nominated through a will or trust document or appointed by a court of law. In either case, the guardian is then responsible for the personal and public affairs of the incapacitated individual. This means that basics like food and shelter must be provided by the guardian for the individual, as well as medical treatment, assistance in money matters, and anything else that comes up. The individual (or ward) will no longer be allowed to enter into a contract of marriage, spend their own money, or make any financial or legal decision on their own behalf.

Legally, there are many reasons why an individual could require a guardian or conservator, such as mental illness, physical infirmities, substance addictions, or abuse situations. Each person is different and any legal decisions must be considered heavily before being put into action. The results of both guardianships and conservatorships are the same, however; safety and well-being for the individual in question.

Bret A. Telmonti suggests contacting estate litigation lawyer, Julia C. McBride if you need information regarding estate planning, guardianship, or conservatorship matters. He also highly praises Julia as a knowledgeable trust litigation attorney [].
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Monday, January 5, 2015

LLC Or Corporation - Which is Best For My Business?

Both the LLC and corporation are legal entities that provide liability protection for their owners. While the corporation has been around longer, the limited liability company was created to offer the same level of protection. However, an LLC is designed specifically to cater toward the small business owner. It offers the same liability protection as a corporation but allows a much more simple operational structure with a lesser number of formalities.

LLC v. Corporation - TAX MATTERS

The limited liability company offers more tax choices than a corporation. Owners of an LLC can elect for profits to be taxed pursuant to a pass through structure (single layer of taxation) or pursuant to a C corporation (double taxation) or S corporation structure (single taxation but with many requirements and ongoing compliance requirements).

The corporation only has the choice of C corporation or S corporation taxation. Small business owners many times prefer the LLC pass through taxation because it allows them to avoid double taxation of profits and in many cases be able to take business losses to reduce taxes from other income WITHOUT having to worry about meeting a laundry list of S corporation requirements.

While the S corporation structure is available to both types of entities, it only allows a certain # of owners, all owners must be persons (so no entities) and US or permanent residents of the United States. There are other requirements as well so check with your accountant for the specific details.

As a business evolves, things change and with an S corporation tax status, you always need to be on top of the latest S corporation requirements. The failure to meet a requirement, even if accidental, can result in disastrous tax liability and penalties.

The S corporation can have some tax benefits over the standard pass through when it comes to self employment. In these cases, you have the option of S corporation taxation with either the LLC or corporation.


An LLC also gives an LLC business much more flexibility when it comes to ownership structure. The LLC laws allow for the company to tailor what each owner gets in terms of voting control and distributions.
 The corporation has a set ownership structure. Ownership is defined by a share of stock and each share of stock provides a set right when it comes to voting and profits rights. The LLC can choose this standard structure but does have the flexibility to customize it if needed without having to create multiple classes of ownership.

Accordingly, an LLC is more attractive when it comes to bringing in investment capital or services partners because it offers more options to address specific business situations.


In addition, a limited liability company can have a very simple single layer of management (known as member-managed) or the management structure can be structured with a central governing body (manager managed).

When it comes to operations, the LLC is not required to meet the same level of formalities and paperwork as a corporation.

The corporation laws generally impose a set management structure for a corporation which requires a Board of Directors as a central body of management. In addition, in most states, there are required meetings and certain governance documents that must be entered into each year.

While it is still recommended that an LLC have some simple governance paperwork to document major business decisions, it is comforting to know that the laws do not require it for the legal entity to qualify as an LLC and get LLC benefits.

In deciding LLC or corporation, the LLC offers the same management structure imposed upon for a standard corporation but also allows for a much simpler one or a more complex one if needed to protect investors or the business.


Given the simplicity and flexibility of the limited liability company, the LLC was designed to offer all the benefits of a corporation but without the disadvantages. As a result, the number of LLC formations each year greatly surpass incorporations when it comes to small businesses.

However, there are some situations where the corporation may be the better entity choice. If you plan on taking your business public with an initial public offering, you should use a corporation. Also, if your business requires professional company investors such as venture capitalists, the venture capitalists will generally require that your business be a corporation.

As noted above, the decision of LLC or corporation depends on your specific situation and the best person to advise you is a competent attorney after having met with you to discuss your particular circumstances.

For a more in-depth discussion about the LLC or Corporation comparison of for a FREE LLC GUIDE, visit The LLC Learning Center at
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Sunday, January 4, 2015

5 Reasons to Have a Power of Attorney

A Power of Attorney is a legal instrument which allows a nominated person to make legal and financial decisions on behalf of someone else. You can imagine the problems that occur with administering the financial affairs of an ageing parent, who suffers from the onset of dementia. They are incapable of making rational decisions and are in danger of losing assets with a simple signature on a document they no longer have the ability to understand.

You can avoid the added problems which can arise as one grows older, especially in cases like dementia, by granting a power of attorney to a trusted family member. It is not just a matter of common sense, it can be vitally important for the peace of mind of the family, and can bring some rationality to an otherwise trying period of life.

But before going any further let's list the major reasons for having a Power of Attorney in the first place.

  • Loss of Mental Capacity. As outlined above, dementia in old age is a common occurrence and one that should be planned for far in advance. Having a Power of Attorney in place can circumvent the problems that arise and safeguard the assets of the affected person. When a family sits down and discusses all the ramifications it is easy to come to an agreement as to how a Power of Attorney can be set up to satisfy everyone's concerns.
  • Ramifications when there is no Power of Attorney. In the event of loss of mental acuity in old age for example, if a person is deemed to be incapable of making rational decisions then control of that person's assets will have to be determined by a court of law. In such cases, where there is no Power of Attorney instrument to rely upon, the court may appoint a government department to administer the person's affairs. This can place hardship on other family members and cause great distress and delays in day to day of management issues.
  • Financial and Legal Matters. A Power of Attorney not only covers the control of financial matters but also any other legal issues that may arise. This can involve the signing of contracts or assigning beneficiaries to a superannuation fund payout or other such matters. A Power of Attorney is a flexible instrument that makes everyday life as easy as it should be.
  • Timing Matters. An enduring Power of Attorney can only be signed, when a person is of sound mind and health. After the onset of a mental disability, a Power of Attorney can no longer be signed, so it is important that you make the decision as early as possible, to avoid these difficulties.
  • Another important benefit is that the power to sign documents can be granted by people of sound mind, when they are unavailable to do so themselves. For example, having someone empowered to sign mortgage documents, whilst you are unavailable overseas.

By granting a Power of Attorney, a person does not lose control over their assets, rather they just ease the process of decision-making in the event of later mental illness or incapacity. The benefits that accrue far outweigh any other concerns and your solicitor will explain everything to you, so that there is no misunderstanding. That way you can live with the peace of mind that comes from knowing your affairs will always be under control.

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Saturday, January 3, 2015

Incorporating a Business and Articles of Incorporation

The most important legal document that your business may ever file is that of your articles of incorporation. This document outlines the way in which your business is to be structured as well as its purpose for operation. It states the guideline of rules in which the company must operate. The articles of incorporation must be drawn up and submitted at the time of incorporation and will state where you plan for your business to go in the future.

Generally speaking, standard articles of incorporation will include the full name of your new corporation as well as the name of its owners, board of directors, and its intended management structure. Along with this will be specific state by-laws and regulations that must be adhered to by the company's officers. Also stated is whether you plan to issue stocks and make the company one that is publicly traded, or if you intend on keeping it privately held. If shares of the corporation are to be sold, this document will list the amount that will be issued. It is also required to list the address for the company's registered office.

Whether you decide to incorporate your business in order to acquire investors or for tax purposes you will need to file articles of incorporation. This document will be used to state specifically in what type of business the company intends to engage. Also included will be your company's plan for reporting profits as well as the accounting period that will be used for paying taxes. Depending on the type of corporation your are forming, you can decide whether to add INC, Corp, or LLC to your businesses name. Part of the incorporation process is that of the articles of association. This mandatory document defines the rules and regulations that governs company's board of directors and its shareholders.

Although it is possible to later make amendments to your articles of incorporation, you will want to file them correctly. Completing them properly the from the start will not only save you money, it will help to avoid any delays in the incorporation process. Due to this fact, it is advisable to seek the assistance of an experienced corporate lawyer. This will insure the corporation's compliance with state laws. Provided that you feel confident in preparing your own documents, there are templates available online and at your local library that will assist you in this process.

There are several benefits of incorporating your business. Once the articles of incorporation are properly filed with the secretary of state, your new corporation effectively becomes a separate legal entity. The business may be eligible for certain tax deferrals or deductions. A shareholders liability is limited to the amount that they have invested in the corporation and they cannot be held accountable for the debts that the corporation has incurred. A corporation also has the ability of continuance beyond a particular ownership. Typically, corporations have a superior ability of raising capital which can lead to the future growth of your company.

How to Start a Business. The website offers advice and business planning.
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Friday, January 2, 2015

Top Legal Separation Questions

Legally, there is a difference between separation and divorce. However, this difference is not always clear to couples facing marital problems. Each state has its own laws regarding legal separation, and this can make it all the more confusing, giving rise to questions like the ones below.

What Is a Legal Separation?

A legal separation is when a married couple files and lives apart while still married. This is sometimes the first step couples take before a divorce. Many times couples chose to go this route before filing for a divorce because it also gives the couple an opportunity to reconsider and reconcile. This is a great opportunity to also split assets and come to terms and agreements prior to a divorce.

What Is the Difference Between Separation and Legal Separation?

A separation is when a married couple decides to live in different homes. To be considered legal the couple will file for separation in a court and get a certificate. Without this, while a couple may split up, there is no legal recognition or record of any agreement.

How Long After Separation Do You Need to Keep the Spouse's Belongings?

In most cases, the legal separation agreement stipulates this duration, if at all. If the agreement does not specify duration, you should get legal clarification from court and get the court to set an official duration for which you need to keep your spouse's belongings.

Bankruptcy and Separation

Regardless of your marital status, it is always advisable to be completely honest with the court when you file a bankruptcy claim. Since laws vary from state to state, your marital situation and income of each spouse can impact the bankruptcy claim. For this reason alone, it is advisable to declare your marital situation while filing a claim for bankruptcy.

Protecting Yourself and Children Financially During Legal Separation

There are provisions to file for spousal maintenance. This can provide a financial cover for you and your children and ensure that you are not living below your means and resources. To ensure that the maintenance is properly documented and filed with the court, you should include this in the legal separation itself when filing. Legal advice may be needed through a family law attorney.

Legal separation can be a stressful and traumatic experience. It also has many legal implications that can be quite complex depending on your specific situation and even the state you file. It is always better to get an expert legal opinion and make sure you take the leg correct course.

If you have specific questions you need clarified, you can ask lawyers on JustAnswer. The author is a staff writer at, a site that lets you ask experts and get answers quickly, easily and affordably. Ask your legal separation questions and get answers A.S.A.P when you Ask Experts at JustAnswer.
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Thursday, January 1, 2015

Happy New Year!

Wishing You and Your Family a Wonderful Year Ahead!

Happy New Year from By The People!