A living trust can help beneficiaries and families avoid probate more so than a will. Find out the difference between a will and a living trust from an estate planning and probate lawyer in this free video on estate law.
Saturday, November 30, 2013
Estate Planning : Difference Between Will & Living Trust
A living trust can help beneficiaries and families avoid probate more so than a will. Find out the difference between a will and a living trust from an estate planning and probate lawyer in this free video on estate law.
Thursday, November 28, 2013
Wednesday, November 27, 2013
Estate Planning : Purpose of a Living Will
A living will, or advance directive, gives a named person the ability to 'pull the plug' in some medical instances. Learn the purpose of a living will from an estate planning and probate lawyer in this free video on estate law.
Tuesday, November 26, 2013
Estate Planning Eases Confusion, Financial Worries
What you need to know about estate planning, including why having a will and assigning a power of attorney is crucial.
Monday, November 25, 2013
Estate Planning : The Purpose of an Irrevocable Living Trust
Irrevocable living trusts are rare and mainly used to keep the IRS from taxing the death benefit of a life insurance policy. Learn the purpose of an irrevocable living trust from an estate planning and probate lawyer in this free video on estate law.
Sunday, November 24, 2013
Estate Planning : What Is a Revocable Living Trust?
Revocable living trusts are 98 percent of living trusts; they help avoid probate and allow others to use money to take care of the trust maker. Find out what an irrevocable living trust is from an estate planning and probate lawyer in this free video on estate law.
Saturday, November 23, 2013
Estate Planning : What Is an Heir Apparent?
An heir apparent is the heir who is assumed to receive the deceased's property before the will is read. Find out what an heir apparent is from an estate planning and probate lawyer in this free video on estate law.
Thursday, November 21, 2013
How to Properly Use a Power of Attorney
A power of attorney is a legal document that authorizes one
person to act on behalf of another in the legal or business dealings of
the person authorizing the other. This type of document has a lot of
relevance when, for example, somebody needs to execute some business or
legal matter but is unable to do so for whatever reason. In the absence
of the person, another person may be authorized to execute the matter
through use of a power of attorney, which in common law systems or in
civil law systems, authorizes another person to act on behalf of the
person so authorizing the other. The person authorizing is known as the
"principal" and the person authorized is called the "agent". The agent
may, on behalf of the principal, do such lawful acts such as signing the
principal's name on documents.
An agent is a fiduciary for the principal and, as this is an important relationship between principal and agent, the law requires that the agent be a person of impeccable integrity who shall always act honestly and in the best interests of the principal. In case a contract exists between the agent and the principal for remuneration or other form of monetary payment being made to the agent, such contract may be separate and in writing to that effect. However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the agent before it is honored.
The "Equal Dignity Rule" is the principle of law that has the same requirements of the agent as it does to the principal. Suppose that the agent has a power of attorney that authorizes him or her to sign the sales deed of the principal's house and that such sales deed should be notarized by law. The power of attorney does not absolve the agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.
There are two types of powers of attorney. One is the "special power of attorney" and the other, "limited power of attorney." The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (principal) dies. In case the principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law. There is an exception. In case the principal had in the document specifically stated that the agent may continue to act on his behalf even if the principal became incapacitated, then the power of attorney would continue to enjoy legal sanction.
In some of the States in the USA, there is a "springing power of attorney" which kicks in only in case the grantor (principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the principal by informing the agent that he is revoking the power of attorney.
Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for principal and agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a power of attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.
An agent is a fiduciary for the principal and, as this is an important relationship between principal and agent, the law requires that the agent be a person of impeccable integrity who shall always act honestly and in the best interests of the principal. In case a contract exists between the agent and the principal for remuneration or other form of monetary payment being made to the agent, such contract may be separate and in writing to that effect. However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the agent before it is honored.
The "Equal Dignity Rule" is the principle of law that has the same requirements of the agent as it does to the principal. Suppose that the agent has a power of attorney that authorizes him or her to sign the sales deed of the principal's house and that such sales deed should be notarized by law. The power of attorney does not absolve the agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.
There are two types of powers of attorney. One is the "special power of attorney" and the other, "limited power of attorney." The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (principal) dies. In case the principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law. There is an exception. In case the principal had in the document specifically stated that the agent may continue to act on his behalf even if the principal became incapacitated, then the power of attorney would continue to enjoy legal sanction.
In some of the States in the USA, there is a "springing power of attorney" which kicks in only in case the grantor (principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the principal by informing the agent that he is revoking the power of attorney.
Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for principal and agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a power of attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.
Wade Anderson is a CPA and operates http://DigitalWorkTools.com
Click to view a Power of Attorney Form
Wednesday, November 20, 2013
Overlooking a Health Care Power of Attorney Can Be Costly
A very important estate planning tool that is not given the same
attention as a Durable General Power of Attorney is the Health Care
Power of Attorney (HCPOA). A HCPOA is a document that gives someone you
trust the ability to make your medical decisions for you when you are
unable to do so yourself. Once drafted, signed and witnessed, the
patient advocate (person appointed) appointed is essentially filling the
shoes of the principal (person signing the document) with respect to
all health care decisions; thus, physicians are expected to respect and
abide by their decisions as if they were being made by the principal
individual himself.
Appointing someone to act as your HCPOA plays a significant role for not just the principal, but also for the patient advocate. Without a properly drafted HCPOA, and in the event you have a loved one (e.g. spouse) in the unfortunate situation of being admitted into the hospital, you would have no authority to make medical decisions on your spouse's behalf. The proper procedure would be to file a petition with the court and be appointed as their Guardian/Conservator. This process can be time consuming and even costly.
When drafting your personal HCPOA document there is a particular section that deserves close attention. In the event you are in a persistent vegetative state or an irreversible coma, you will have to select who it is that you want to weigh the burden of your treatment versus the benefit. The three choices are: (1) Allowing your patient advocate to decide whether the burden of treatment outweighs the benefit; and based on that decision, your patient advocate has the authority to stop further treatment; (2) Allow the doctor to reasonably conclude that the burden of treatment outweighs the benefit; and based on the doctor's decision, the doctor will decide whether to stop further treatment; and (3) Allow you to live as long as possible regardless of the burden and cost of treatment.
These are three important choices that need to be carefully addressed. By making such a decision it allows your patient advocate to know beforehand that they are responsible for your medical treatment. Through careful planning and by appointing a trustworthy patient advocate, it can bring significant ease to your personal estate. It is advised to appoint someone who is close to you and who knows your wishes, whether religious or personal, as that person can then make the proper decisions with your specific intent in mind.
Rather than going through the stress of probate, a HCPOA is the simple document that can protect your wishes as the principal and provide your patient advocate with the convenience that they would not otherwise have.
Appointing someone to act as your HCPOA plays a significant role for not just the principal, but also for the patient advocate. Without a properly drafted HCPOA, and in the event you have a loved one (e.g. spouse) in the unfortunate situation of being admitted into the hospital, you would have no authority to make medical decisions on your spouse's behalf. The proper procedure would be to file a petition with the court and be appointed as their Guardian/Conservator. This process can be time consuming and even costly.
When drafting your personal HCPOA document there is a particular section that deserves close attention. In the event you are in a persistent vegetative state or an irreversible coma, you will have to select who it is that you want to weigh the burden of your treatment versus the benefit. The three choices are: (1) Allowing your patient advocate to decide whether the burden of treatment outweighs the benefit; and based on that decision, your patient advocate has the authority to stop further treatment; (2) Allow the doctor to reasonably conclude that the burden of treatment outweighs the benefit; and based on the doctor's decision, the doctor will decide whether to stop further treatment; and (3) Allow you to live as long as possible regardless of the burden and cost of treatment.
These are three important choices that need to be carefully addressed. By making such a decision it allows your patient advocate to know beforehand that they are responsible for your medical treatment. Through careful planning and by appointing a trustworthy patient advocate, it can bring significant ease to your personal estate. It is advised to appoint someone who is close to you and who knows your wishes, whether religious or personal, as that person can then make the proper decisions with your specific intent in mind.
Rather than going through the stress of probate, a HCPOA is the simple document that can protect your wishes as the principal and provide your patient advocate with the convenience that they would not otherwise have.
Adil Daudi is an Attorney at Joseph, Kroll & Yagalla, P.C., focusing primarily on Estate Planning, Shariah Estate Planning, Asset Protection, Business Litigation, Corporate Formations, Physician Contracts, and Family Law. To contact him for any questions related to this article or other areas of law, he can be reached at adil@josephlaw.net or (517) 381-2663.
Tuesday, November 19, 2013
California DUI Expungement - Expunge Your Record and Move on With Your Life
Having a DUI arrest or conviction record can tarnish your
reputation and make it difficult for you to get a job, loan, college,
military etc. Fortunately, California State allows you to expunge your
DUI record thereby, helping you to leave behind your past crimes and
move on with your life. However to obtain DUI expungement in California
you must meet certain requirements. Also, your expungement is not
guaranteed even after it's ordered.
Can your case be expunged?
Under California law, your case can be expunged if you meet the following requirements:
1. if you fulfilled the conditions of probation.
2. if you are not presently serving a sentence or on probation for any other crime.
3. if you are not presently charged for any other crime.
Also other factors are considered before granting an expungement such as whether you are a minor or an adult at the time of your conviction, whether you are charged for misdemeanor or felony, and whether or not you were sentenced to a state prison. If you meet such requirements your case will be expunged.
What happens when the expungement is granted?
Under California law, expunging means withdrawal of plea of guilty or no contest and entering a plea of not guilty or setting aside the judgment if you are found guilty in the trial. Once granted, you are thereafter, relieved from all the consequences resulting from a DUI violation, though with some exceptions.
Your life after expunging DUI record:
Job Applications:
As per the California law, when applying for a private job you can firmly answer "no" to the question "have you ever been convicted of a crime?" in the application form. Also, your DUI record will not show up when conducting a background check.
But expungement does not serve its purpose when you apply for a government job. Your DUI convictions will be revealed as expunged. It's not very helpful though. Also, your expunged records are seen as a prior conviction, meaning, it can be used for enhancing the penalties of your future DUI conviction in case you commit any.
Can your case be expunged?
Under California law, your case can be expunged if you meet the following requirements:
1. if you fulfilled the conditions of probation.
2. if you are not presently serving a sentence or on probation for any other crime.
3. if you are not presently charged for any other crime.
Also other factors are considered before granting an expungement such as whether you are a minor or an adult at the time of your conviction, whether you are charged for misdemeanor or felony, and whether or not you were sentenced to a state prison. If you meet such requirements your case will be expunged.
What happens when the expungement is granted?
Under California law, expunging means withdrawal of plea of guilty or no contest and entering a plea of not guilty or setting aside the judgment if you are found guilty in the trial. Once granted, you are thereafter, relieved from all the consequences resulting from a DUI violation, though with some exceptions.
Your life after expunging DUI record:
Job Applications:
As per the California law, when applying for a private job you can firmly answer "no" to the question "have you ever been convicted of a crime?" in the application form. Also, your DUI record will not show up when conducting a background check.
But expungement does not serve its purpose when you apply for a government job. Your DUI convictions will be revealed as expunged. It's not very helpful though. Also, your expunged records are seen as a prior conviction, meaning, it can be used for enhancing the penalties of your future DUI conviction in case you commit any.
Expunge your DUI record "completely" with the help of DUI Process Manual. It offers little-known strategies to clear your DUI record completely and pass employment background checks in a step-by-step approach. Visit my site for free DUI strategies report and DUI Process Manual review and take action to clear DUI record [http://www.dui-process.org/dui-process-manual-review/].
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