Incorporation 101 - Who Should Incorporate?

Doing Business The Right Way

In today's complex and competitive world there is no greater way to protect yourself and your personal assets from the threat of lawsuits than by incorporating, whether you're a small business owner with no employees, or run a serious business establishment with hundreds. Incorporating is also a simple and legal way to cut your taxes, protect your privacy, lower your audit risk, raise capital, and much more.

What is a "corporation"? Simply put, a corporation is a legal "person" created by state statute that can be used as your "shadow" for the purpose of running a business, or several businesses. This is a "person" whom you control completely, yet cannot be held accountable for its actions. Indeed, it is a powerful concept! For that reason roughly a million of corporations are formed each year, and that number is growing from year to year.

In other words, establishing a corporation can provide a simple and inexpensive foundation if you operate a business, contemplate starting a business, wish to protect your personal assets or are thinking about estate planning. It is true even if you have or plan to have a home based or part-time business!

How Can Incorporation Help Protect Assets?

We all know that in the United States the risk of a law suit is quite high, or, in other words, people love suing other people. Statistics show that an average person in the United States today goes through five lawsuits in his or her lifetime, with at least one being devastating.

Sheltering your assets from lawsuits is possible, and you must do so before a lawsuit strikes. In today's world of political and financial interests, every person is vulnerable, including yourself, and you must recognize and come to grips with that reality. Only then will you have the sense of urgency necessary to take action to protect yourself and your assets from the virtually inevitable.

REMEMBER: The law deals quite harshly with those who seek last minute transfers of assets in an attempt to defraud creditors. That means its important to realize NOW that you might run into financial problems in the future, and take appropriate action to protect your assets, while at the same time enjoying the benefits of lowered tax liability. So don't waste time and money - Incorporate or Form an LLC today!

Article Source: http://EzineArticles.com/4908052

HIPPA Disclosure Documents Can Save Your Family in a Medical Emergency

Are you aware of the medical privacy laws?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, the Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. These laws definitely protect your privacy, but they can as well keep your family from getting medical information on you in the event of an emergency. Even a spouse or eighteen year old child, without proper paperwork in place can leave you in the dark as far as their medical condition.

An example of a situation would be a spouse traveling on business to another city in the state, with a three hour drive from your home. He gets in an auto accident on the way home and is transported unconscious to the nearest hospital and is being attended by the best medical personal.

You are notified by the police that your spouse has been taken to their local hospital. You are very upset and want to know your spouse's condition; you call the hospital to ask what is happening to him. The nurse in the hospital cannot release any medical information to you unless you have a HIPAA disclosure document executed by your spouse allowing you to know his medical information.

Now you are very nervous and you do not know anything about your spouse's condition. You decide to drive to the hospital, a three hour drive, and the entire drive you do not know anything that is going on. Fortunately, when you get to the hospital your spouse is out of surgery and conscience. You spouse can now authorize you with the doctors to allow you to know their medical situation.

HIPAA protection protects everyone over the age 18 (your son or daughter even while in college) from disclosing your medical information. Please consider getting the appropriate paperwork in place before you your family members have a condition that can because you stress during medical emergencies. Get a HIPAA disclosure document executed on each family member at minimum if they want to have you know about their medical condition.

For a more complete protection there are three documents that can be easily executed for each family member that can properly protect your family for most common situations.

1. HIPAA Disclosure Document - Specifies who can be disclosed your medical information.
2. Medical Power of Attorney - Specifies who can make medical decisions on your behalf.
3. Living Will - Specifies your wishes regarding prolonging life medical treatments

The safe way to generate these three documents is work with your family lawyer to have them drawn up properly for your state. Please keep an electronic copy of the executed document in your email to ensure that you can get access to it when you need it or are not prepared to use it.

Avoid undue stress during an emergency, make sure you understand the HIPAA laws and prepare your family to work with the laws by having your documents in place.



Article Source: http://EzineArticles.com/3474386

Probate

If you are having to go through the Probate Process with the court, let BY THE PEOPLE help.

We may be able to assist you in representing yourself, by preparing the documents needed, filing the paperwork with the court, setting court dates, arranging for publication, and many other steps needed to complete the process.

Our fees are 1% of the value of the estate (up to $3,500.00). Any fees for the courts, probate referee, publication will be extra.

Give us a call! 707.428.9871

A Living Will - Your Medical Directive

How do you feel about life-support systems for the terminally ill? How much thought have you given to the decisions your family may face when contemplating the choice of maintaining or terminating life-sustaining medical treatment for you? Certainly, it is an easy subject to avoid considering. However, it is important to recognize there are measures you can take now that can help solidify your thoughts and wishes on the subject, thus providing your loved ones with guidance in the event such decisions become necessary.

A Closer Look

At the present time, nearly all states have passed some form of law dealing with the requirements for living wills or health care proxies. While a health care proxy allows you to appoint someone to make decisions on your behalf, a living will generally allows you to specify the particular types of treatment you would like to have provided or withheld. Each state has its own set of requirements.

A living will is a medical directive - written in advance - that sets forth your preference for treatment in the event you become unable to direct care. The document may be drafted to include when the directive should be initiated and who has the decision-making responsibility to withdraw or withhold treatment. In addition to allowing respect for your wishes, the living will can help alleviate feelings of guilt or uncertainty experienced by those faced with the responsibility of making important decisions for loved ones.

The Patient Self-Determination Act

A far-reaching federal law, known as the Patient Self-Determination Act, requires all health care providers that receive Medicare and Medicaid to inform everyone over age 18 of their right to determine how they want to deal with this issue and whether they want to fill out a living will. If you have received information on this subject, it's no coincidence, since the law also requires increased emphasis on community outreach and education.

This law impacts virtually every hospital, nursing home, and health maintenance organization (HMO) throughout the country. It is important to note that the law does not mandate that health care providers require their patients have a living will. Instead, it stipulates that health care providers must provide written information about the patient's rights to make decisions about medical treatment, including the right to make an advance determination about life-sustaining medical treatment, and record whether the patient has done so.

At the present time, it appears most of these organizations have determined this question can most appropriately be handled when a patient is admitted. Therefore, the next time you are admitted to a hospital-even for something as minor as having a mole removed-don't be surprised if you are given information about these rights and are asked to fill out a form that asks whether you currently have a living will or wish to have one.

The living will is a legal document and each state has its own specific requirements. A qualified legal professional can help you understand the benefits of a living will and what has to be done to assure its validity.

Article Source: http://EzineArticles.com/7064617

5 Reasons Why You Need A Living Will

Many people think a living will is not something they need unless they reach senior citizen age. However, this could not be further from the truth and you could end up seriously regretting not taking the time to make one out. Life is unpredictable and often uncontrollable which is enough reason for adults of any age to invest in a life will in order to protect themselves when bad fortune arises. Below are five reasons every adult should take the time to make out a living will no matter how old they are.

1. Protects You When You No Longer Can Communicate

The most advantageous part of having a living will is that it protects you in a future situation in which you no longer can communicate your wishes. If something was to happen the medical professionals in charge of treating you have a big say in what happens to you once you are in a state in which you cannot communicate what you want to be done.

2. Prevents Major Arguments Between Family Members

Having a living will prevents major arguments between family members when the decision is not up to the medical professionals in charge. The other people that have a say in what happens to you are your family members. If they disagree on what should be done with you it can cause relationship ending arguments between members of your family. This is the last thing you want happening during such a tough and difficult time. With a living will it will be your choice and no one else's. This will eliminate any argument or debate as to what should happen to you.

3. Gives You Control Over Medical Treatments/Procedures

A living will also gives you control over what medical treatments and procedures take place in a situation where you are ill to the point of not being able to communicate. In this situation a living will orders doctors to fulfill your wishes in writing. This way you take the decision out of their hands.

4. Reduce Potentially Unwanted Medical Bills for Your Family

In the situation that you get into an coma or vegetative state, a living will decides exactly what is done with you. Many people would rather die than live an additional 20 years on life-support. The reason being is because if they are on life support it will rack up enormous medical bills in which their family will have to pay. If you do not specify this, then your family may be left paying insurmountable medical bills. If you do not want to see something like this happen then you need a living will that specifies exactly what you would like to happen in a given situation.

5. Gives You Peace of Mind

Last of all, making out a living will give you peace of mind. These are designed to give you the control to prevent more bad things from happening in tragic situations. Tragic situations are hard enough and you want to know that your family as well as yourself will be taken care of properly in such a situation.

The last thing you want to do is be lazy and end up giving people outside of your family control over what happens to you under bad circumstances. Get your living will made today. It is so easy to put off but it is probably one of the best decisions you can make.

Article Source: http://EzineArticles.com/7147281

Durable Power of Attorney Info

The durable power of attorney (POA) is a legal form, which can be used by a competent adult to appoint another person to act as their agent to manage their financial affairs. It's 'durable' because it stays in full effect even if you become disabled. Usually at inopportune times would be when you need your agent the most, that's why this legal form was created. Unlike a general POA it won't be inoperative when the principal, person who made the poa, becomes disabled. Although the agent has this power, he must operate under the terms, conditions, limitations, and guidelines outlined in the durable POA.

If you were ever to become disabled, for any reason during your lifetime and did not have a durable power of attorney then you have just missed your chance to appoint an agent. The only way some one could be appointed to act on your behalf is if your local Probate Court was requested to appoint someone. These proceedings are called 'Guardianship proceedings' or 'Conservatorship proceedings'. Unfortunately, this process is expensive and time consuming. That's why most people decide they don't want the court to be able to intervene, they want to be able to choose their own agent they trust, and that's why they fill out a durable poa.

Another advantage to having a durable power of attorney is that it can be used to protect your assets. When a disabled person enters a nursing home that did not take steps to shelter some of their assets, then all of the assets could be exposed to being used to pay for the nursing home care. Under the current law, up to one half of those assets could be transferred or gifted and thus sheltered by using a properly drawn up durable poa that permitted gifting. Without a durable poa with gifting provisions then it's unlikely a disabled person will be able to protect any of their assets if they're emitted to a nursing home.

Defining the agent's authority is completely up to the principal. Under the durable power of attorney, the principal can make the agents authority as broad or as limited as they wish. A typical form will be drawn up giving broad authorities so that the agent can manage any and all financial affairs. Other principals may only want their agents to handle certain assets or follow a specific wish, that's perfectly ok too. As an example you may give your agent the power to handle your stocks, bonds, banking, insurance, and tax matters or other matters on your behalf.

Sometimes a durable power of attorney will have more than one agent. You must decide if they will act independently or decide on issues together. Most people believe its better allow them to act independently to avoid conflicts and court battles that could delay a decision. Or, instead they will name their second agent as an alternative in case something happens to the primary agent.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you're seeking legal advice.

Article Source: http://EzineArticles.com/1486006

When Is Probate Required? - Five Reasons To Go To Probate Court

Will I have to go to probate court? When is probate required? These are common questions people have when someone passes away. Probate laws vary from state to state so it is always a good idea to consult with probate attorneys about whether or not you need to attend probate court. But here is some basic information to help you determine if probate is required. 

What is Probate?

In short, probate is the transfer of person's assets after they die. Probate is the legal process of distributing the assets and estate of a deceased person. This includes resolving all issues of probate property like taxes, insurance, title, and paying creditors for any outstanding money owed by the deceased. Probate is usually applied to large estates or significant sums of money. Assets eligible for probate varies from state to state, country to country. You have to check for specific probate laws or with a probate lawyer in your region to determine if the deceased's assets were significant enough to warrant a probate.

What is Probate Court?

Probate court is a surrogate court that interprets the will and appoints the executor. Probate judges the validity of claims made against the estate through heirs and beneficiaries as well as taxes and debts. Further reading about probate laws is available at ObituariesHelp.org


When is Probate Required?

There really are only five reasons why you'd have to go to probate court to either make your claim on the deceased's assets or to prove that you are a legal beneficiary. If any one of the following applies to you or to the deceased, then you might want to consult a probate attorney.


1. Probate court is necessary if the will is deemed invalid for one of these reasons:

* Improper Execution - it wasn't written clearly or it was not a legal will.
* Mental Incompetence - the deceased was not mentally competent when he or she made up the will so their decisions are questioned.
* Undue Influence - the deceased was under duress when he or she wrote up the will.

2. Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate.

3. Probate is required if the assets were owned solely by the deceased. If there were no other owners or designates of the property or asset, then in most cases the property will have to be probated to get it out of the deceased's name and into the beneficiary's name.

4. Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. What this means if the deceased owned property jointly with another person, such as in the case of a common law marriage, then probate is required to ensure that the deceased's share of the property is properly distributed to legal heirs.

5. Probate is required if there are no designated beneficiaries or if all of the beneficiaries have predeceased the decedent. In the case of life insurance policies, retirement funds or certain savings accounts, beneficiaries are usually named. But if all the named beneficiaries have passed away or if the deceased didn't name beneficiaries, then probate is required to transfer the money or title to the beneficiaries.

One thing to remember about knowing when is probate required? Probate is required if there are significant assets to be distributed or creditors to be paid outside of what is legally stated in the will or if there is no will at all. If any of these five reasons apply to you or your situation, you can expect that probate is required and you'll have to appear in probate court.

Article Source: http://EzineArticles.com/2239636

Do you need help with probate paperwork? BY THE PEOPLE is a Document Preparation Service located in Fairfield, California available to help you represent yourself in many uncontested legal matters.

You Make the Decisions...We Do the Paperwork

707.428.9871

Happy 4th Of July

By The People Would Like to Wish You and Your Family a Very Safe and Happy 4th Of July!!

Probate Administration: How It Works

Probate administration is something that many people fail to fully grasp. This is compounded by the difficult times in which such administrative action is necessary, usually after a person has passed on and their last will and testament is acted upon. It is important to understand the basics of probate administration because families often find it difficult to come to agreement about money, property, or other inheritances after a loved one has passed away. The administrator is responsible for the smooth transfer of assets or pieces of the deceased person's estate to their beneficiaries. There are a few basics that are crucial to understanding the process and you don't have to be an attorney or probate administer to see the complexity of such a position.

The first basic tenet of probate administration is the fact that it costs money. This may seem like a simplistic statement, but many families are caught unaware of the potential costs of having their loved one's assets divided up in court. If at all possible, the hiring of a probate administrator is something that should be agreed upon before the deceased person passes away. This ensures that the deceased person's wishes are honored and the family is treated fairly and properly by the administrator. It is not uncommon for administrators to charge fees which can be later deduced from the value of the estate or assets. These costs are usually deducted before the assets are split between the family members and beneficiaries. The executor of the will, or the person who is officially tasked with carrying out the actions described in the will, will work closely with the administrator and the family to make sure the last wishes of the deceased are honored and respected. In many instances, if the estate owes money and has to go to probate court, the executor is required to provide a fidelity bond which acts as a sort of deposit against the possibility that the executor will abuse their power to distribute the deceased's assets.

Another important concept to keep in mind is that there is usually a strict time limitation for the beneficiaries to receive the assets or portions of the estate. Probate administration planning should be incorporated into he last will and testament of the deceased whenever possible. If one is not selected before the time of death, a petition can be filed by the family members that will help to resolve the administration issue and nominate one to take care of such duties. On a related note, real estate or personal taxes as well as lawsuits and settlements can also be levied during the first few weeks or months after a person passes on. These are also time-sensitive judgements or actions and will most often come out of the estate or assets before family even gets to divide them up.

Such an administrator also helps to notify creditors that the deceased person has passed and acts as a middleman of sorts for the family. The administrator will likely help the family notify these creditors and help them to publish or post legally-necessary notices. This allows each creditor to clear out any remaining accounts or settle them with the deceased's assets prior to the distribution to the named beneficiaries. This can be a long, complex process, especially if the person who passed away had lots of credit card debt or loans with banks and other creditors. Just like with taxes or lawsuits levied against the deceased, the beneficiaries are second in line to receive their loved one's assets and estate.

Each state handles probate differently and it is certainly worth your time to research and learn more about the details of the transfer of assets to beneficiaries after a loved one passes. The best way to be prepared and reduce the need for probate administration or even the potential for inter-family legal struggles is to have a conversation with your loved ones about such issues. Make sure their decisions are in writing and hold up to legal scrutiny. Once a person is gone, family members often scramble to be first in line for any benefits or inheritances. It is amazing that when money is on the line, the family's social dynamic can change almost overnight.

If a person passes on without a last will and testament, the spouse or next of kin is usually awarded the estate or assets associated with the estate. Again, these assets are handed over after the Federal and state governments make sure no back taxes or liens are owed and after creditors give their input according to the legal contracts entered by the now deceased. An excellent way to avoid all the probate headaches is to create a trust that allows for a probate-free transfer of money to the family of the loved one who has passed.


Article Source: http://EzineArticles.com/7084586

What Is Probate Litigation?

Definition

Probate is defined as the legal process of how the debts are paid and assets and property distributed of an individual who has passed away. Often times, the process involves a will and sometimes there is not one available. When a deceased individual's Last Will and Testament is offered for probate, there are many requirements and all heirs and creditors have rights, privileges, and limitations that must be strictly followed. The probate court identifies the assets of the deceased, assesses the taxes and other expenses, and distributes the funds and property to legal heirs listed in the will. A lot of probate matters are resolved without legal action, but when complications or requests for contest arise and the matter is discussed in court, it is called probate litigation. If a deceased individual has a large estate, various movable and immovable properties, and sizeable bank accounts, then their assets are more likely to be involved in probate litigation.

What is Probate Litigation?

Probate litigation involves the laws, codes, and statues that preside over wills, trusts, and the settling of a deceased individual's estate. It often includes disputes among relatives and challenging certain sections, provisions, or the entire Last Will and Testament. The Last Will and Testament can be disputed due to several reasons. The facts of individual disputes define the type of action that needs to be defended or prosecuted. The law of limitation is firmly relevant to probate litigation and even if there is a valid claim, a case will not be preceded by the probate court if the time limit has passed.

Types

• Undue Influence: claim that disputes whether the person creating the will did so in a free manner without being persuaded by an individual who was in a position of control and trust.

• Mistake in Execution: the execution requirement for a will to be valid in the state it was created does not meet all of the provisions and is therefore invalid.

• Lake of Mental Capacity: claim declared based on the belief that at the time the will was created, the individual composing the will did not have the essential mental ability to completely understand the amount and nature of the assets and property, the beneficiaries who would normally receive the property, and how the property is distributed by the terms of the will. Lack of capacity can be due to the natural aging process, diagnosed medical condition, or influence of medications. Lack of mental capacity claims are based on medical records and behavior o the individual prior to executing the will.

Other Activities

Probate litigation can also involve various other activities besides contesting wills including:

• Will Construction: in the case of a vague will where the document does not completely dispose the entire estate or beneficiaries have passed away, the court assists in how the deceased estate and property should be distributed.

• Heir Determination: when an individual does not have a will or has little contact with his or her family, the court determines the heirs.

• Accounting: beneficiaries have the right to an accounting of the assets and property and court assistance may be requested to receive an account of the assets of the estate. Beneficiaries may also object to the accounting if it is unacceptable for any reason.

Article Source: http://EzineArticles.com/6997853