Articles Of Law

Pre-nuptial agreements are becoming popular very recently as people see celebrities having such. There are a lot of people who are not very knowledgeable on pre-nuptial agreements though. Pre-nuptial agreements, or pre-nup for short, mean that certain properties are denied from the other party in case of a divorce.

All details provided as a reference only, provided on behalf of Attorney Elan Wurtzel P.C.

Definition of Pre-Nuptial Agreement

Pre-nuptial agreement is also called a premarital agreement. It is a legal contract between two people before they get legally marriage. Usually, the agreement contains the distribution of property, spousal support, and guardianship in case a divorce happens. It also details information about the distribution of assets in case of bankruptcy.

Issues on Pre-Nuptial Agreements

Most people have impressions that pre-nuptial agreements are usually for self-centered individuals who do not respect the sacredness of marriage. There are people who find that pre-nup agreements are offensive and are one of the causes why some divorces happen. However, pre-nups are highly advisable for people before getting married. In the event of divorce, spouses usually get pressured and emotional. By having a pre-nuptial agreement, parties are able to acknowledge the needs of another party in case the marriage is dissolved. Because of a pre-nup, divorce proceedings become less-stressful and provide both parties with sufficient financial support.

What Information are Written in the Pre-Nuptial Agreement

There are several circumstances that may be covered in the pre-nup. The way of distributing assets can be different depending on the cause of divorce. For example, the manner of distributing assets in case of a divorce due to infidelity may be different for the case of a divorce due to a mutual agreement. Pre-nup agreements in the US do not usually define guardianship of children. Guardianship in the US is determined by the court on the basis of the children’s best interests and not what the parents want. Pre-nuptial agreements should benefit both parties; otherwise, it may not be acknowledged. In order to ensure that this agreement is acknowledged, it is important for the parties to seek help from lawyers so that the agreement is beneficial to both parties.

The term guardianship refers to a legal relationship that is established from a court order or a will. A guardian for minor children may be identified in the will or a guardian for a disabled adult may be assigned via a court order. Usually, if a person wants to be involved in the guardianship, he or she should petition the court for guardianship. The guardian will be supervised by the court until the child is of legal age (18). There are cases when a court does not immediately honor the guardianship wishes in the will, although if it deems that the person is suitable to be a child’s guardian, then the will is honored.

All details herein provided are for reference purposes only, contact experienced Long Island New York Probate Lawyers for additional assistance and details.

The court appoints a guardian in case of adult guardianship; in this case, the guardian is responsible for handling all issues of the disabled person. The guardian is not expected to collect benefits from this appointment. Guardians are required to regularly report their supervision of the disabled party to the court. There are some courts that permit a guardian to be compensated for legal fees that are associated with his or her role as a guardian. Guidelines and procedures about the compensation depend on the jurisdiction.

In addition, there are states that require the court to appoint a guardian that is identified by the child, should the child be of a particular age. Nevertheless, the appointment of the guardian is still based on the court’s discretion. In addition, if a minor provides a written objection against an identified guardian, then the court will not appoint the person. The guardian should be concerned about the child’s best interests. In case of disability, the court usually appoints a guardian who is selected by the disabled, although there are a few cases when this does not occur. Specific laws depend on the jurisdiction; it is best to consult the local laws for more information.

In guardianship, the rights may be taken away from the parents immediately although this may only be temporary. In the course of guardianship, it is the guardian’s responsibility to take custody and raise the child. The court commonly sets visitation rights for the legal parents. These are usually supervised visitations; how often the legal parents can visit is also based on the court’s decisions. The court also determines when guardianship is not needed anymore; in this case, the legal parents can take control in rearing the minor.

The laws on guardianship are different across the nation, but in all cases, all parties are notified regarding its proceedings. The interested parties receive a legal notice; the server is required to submit a sworn statement to the court.

Several aspects are related to medical malpractice and victims of such should be knowledgeable about it. Roughly 1% of hospital cases result to injuries due to hospital negligence; 25% of these cases result to death due to complications.

All details herein provided are for informational purposes only, contact experienced Valparaiso injury attorneys for additional details.

Hospital negligence refers to circumstances where a doctor or a healthcare professional does not provide quality healthcare; the burden of proof lies on the plaintiff. A lawsuit on medical malpractice aims to compensate the victims for the hospital costs, current costs for doctor consultations and medicines, emotional damage, psychological damage and lost income due to the injury caused my negligence.

A medical malpractice is deemed valid when the following instances are present:

1. The doctor or hospital (or any medical facility) is legally required to offer medical services to a patient.
2. The doctor or hospital failed to give the medical service to the patient at a satisfactory standard. To attest for this claim, injury must have occurred or a testimony by an expert should be given. The breach of duty should be proven as the cause of the patient’s injury.
3. The injury should have resulted to damages on the injured party. The damages can be financial, emotional and/or physical.

There is a prescribed time limit when filing a lawsuit for medical malpractice after an injury. The statue of limitations is different in each state. If a victim feels that he or she was a victim of medical practice resulting to injury, immediately contact a lawyer who specializes in medical malpractice. The civil code comprises the statue of limitations; criminal charges in the case of medical malpractice are only considered if an injury results from “reckless and wanton conduct” by the doctor or hospital.

This statute of limitations is usually part of a state’s civil code, since criminal charges in malpractice cases are only filed when injuries result from “reckless and wanton conduct” on the part of a health care provider.

The information in this article is provided by Kenneth J. Allen and Associates, which provides legal services in the field of Personal Injury and Medical Malpractice. This article is not intended nor should be considered legal advice.

Weapons Offenses: Prosecution and Defense

What are Weapons Offenses?

Weapons offenses refer to breaches in laws that limit the ownership, custody, and usage of deadly weapons. About 2% or apprehensions in the country are related to this offense. Weapons are gadgets that are considered dangerous to human and other living beings. There are instances when handling weapons are substantiated and therefore, does not breach any laws. However, in other instances, handling weapons is forbidden by the law and the one who violates the law perpetrates a crime.

All details herein provided are for informational and educational purposes only, provided on behalf of HelmerLegal.com

In addition, as per criminal law, there are two classifications of weapons:

Deadly weapons: According to the law, deadly weapons are gadgets that can lead to death or serious physical injuries. Deadly weapons are not only limited to firearms, but they can also be ammunition, silencers, explosives, and particular daggers.

Dangerous weapons: These refer to gadgets that are used leading to a person’s death or cause serious physical injuries. It does not mean that a dangerous weapon should have the natural capability to cause danger. For example, a car may be considered as a dangerous weapon.
Weapon offenses refer to the physical ownership or custody of a deadly weapon, and in some cases, dangerous instruments as well.

Weapon Offenses usually involve firearms

Laws relating to weapons are usually related to firearms, although weapon offenses are not limited to firearms. However, in most cases, weapon offenses are related to firearms. There are particular firearms that are totally prohibited; for example, machine guns, and automatic or semiautomatic assault weapons. Licenses are given to producers and sellers of firearms, and they are legally allowed to keep, distribute, and trade these weapons; private individuals are not allowed to own these weapons. There are individuals who are not allowed to procure or own firearms, such as offenders and minors. The criminal law, depending on the federal government, states, counties and cities have different limits in terms of custody, ownership, trading, and distributing firearms.

Weapons Offenses: Cases

During the last couple of decades, there were several cases for weapons offenses. Data show that the number of weapon-related cases increased to 54% from 1974 to 2004. Data also show that, in terms of races, there are more cases of weapon offenses by the black, with a ratio of 5:1.

There are several instances when the suspects are indicted of weapons violation together with another criminal offense that happened at the same time, which are mostly serious offenses such as rape, robbery, assault, burglary, car theft. It also appears that weapon offense is related to repeat offenses and career criminals. 50% of the offenders have former or existing cases of felony, most of which are in probation or parole.

Weapons Offense Lawyers

There are several criminal lawyers who specialize in this field. The lawyers use complex means to show evidences and examine the witnesses. In cases where the suspect is guilty of having done a weapon offense, the lawyer can decrease the case to a lesser offense and a tolerable punishment.

Note: The information in this article is not intended nor should be considered legal advice. For further information on weapons offenses, consult with an attorney.

Medicaid is one of the most beneficial programs in the country, especially for those who require long-term care in facilities such as nursing homes. However, after a certain period in these facilities, an individual will reach the limit of what Medicaid itself will pay for under federal and state law. At that time, they will begin billing the individual for care at the full rate charged by the facility.

This article is provided as a reference only, contact a Medicaid Lawyer in Long Island for additional details.

That rate can be paid in cash or in assets, but the important part to know is this: it will harm the person’s estate and assets at a time when they most need those things to survive — and to pass on to their family and loved ones. Medicare law does specify a few provisions that might help senior citizens protect their assets in the event that they need to reside in a nursing home for a very extended period of time.

Giving Assets to Others Outright

Medicaid law varies by state, but most states do allow for Medicaid recipients to give their assets outright to someone else. In this case, it would be possible for a Medicaid recipient to give their children all of their most valuable assets — anything from cars and homes to items of sentimental value. Should they not be able to pay their long-term nursing home care bills, these assets would be able to be seized by a debt collector and would immediately deplete their overall worth and the value of their estate.

Using an Irrevocable Trust

Another way of protecting assets from creditors while on Medicaid is by using an irrevocable trust that the loved one in question can access, modify, or benefit from in any way. This is permitted under the current Medicaid laws, and serves as a way to get an estate in order before the real work of executing and distributing it begins. In a way, pursuing this option can benefit both sides of the equation — and the loved one who is part of the trust will not feel as though they have lost everything and given it to someone else.

Considerations

There is, of course, something to be aware of when proceeding with either of these options. When a patient applies for Medicaid, their financial records for the past three years are generally reviewed for just these types of transactions. Anyone who received this property or is in control of this trust will likely be ineligible for Medicaid coverage for a certain probationary waiting period which is based on the amount of the transferred assets. Therefore, many Medicaid recipients find it a good idea to consider the age and relative health of the person with whom they are making these deals.

Conclusions

Medicaid law is complex and these options are not intended to serve as concrete legal advice. Instead, it’s a great idea to contact an attorney and consult their expertise in these matters when seeking to avoid the seizure of assets in the face of high long-term care bills.

Supplemental needs trusts are a type of special needs trust in the United States. The supplemental needs trust is a trust established for a person with a physical or intellectual disability or a person with a chronic illness who receives government assistance such as Medicaid. A person’s eligibility for Medicaid is determined by that person’s income and assets; assets protected by supplemental needs trusts do not negatively affect the person’s eligibility for government benefits, which can include Social Security Disability Insurance benefits or long-term nursing care benefits. This is in contrast to willing assets directly to the person with a disability, which could disqualify them from receiving benefits if the assets exceed acceptable limits. The purpose of supplemental needs trusts is to supplement governmental assistance by paying for things which such assistance does not cover, like educational expenses, counseling services, luxuries or other items.

All information provided for reference purposes only, contact an FL Estate Probate Attorney for additional details.

A supplemental needs trust can be established anytime before the beneficiary turns 65 years old.

What Can Supplemental Needs Trusts Cover?

Supplemental needs trusts are not to be used for basic living expenses like housing or food. However, recreational items or activities like vacations or entertainment can be paid for with funds from the beneficiaries supplemental needs trust. The special needs trust could also pay for the cost of hiring a housekeeper or gardener, home repairs, home appliances, consumer electronics, and many other items the person with a disability may need or want.

Why Establish a Supplemental Needs Trust?

Perhaps the most significant advantage of establishing a supplemental needs trust for a person with a disability is that the trust can hold an unlimited amount of assets and not affect the beneficiary’s eligibility for Medicaid and other government assistance. Directly willing assets to the person with a disability may not be a desirable option for reasons other than maintaining the person’s eligibility for government assistance.

People with disabilities are often not capable of managing their finances independently, either because their disability makes it difficult or impossible for them to do so or because they lack financial literacy training. If the person is the beneficiary of trust, however, they have a trustee available to help them make responsible decisions about the best use of their assets.

Willing one’s assets to another family member so that they may care for the person with a disability may also cause problems, since that family member may be financially irresponsible, or could be required to declare the assets in the event of a lawsuit, resulting in the loss of part or all of the assets.

Supplemental needs trusts are designed to ensure that the beneficiary has the opportunity to live comfortably while still being eligible for government assistance. However, such significant legal decisions are best left in the care of attorneys who specialize in special needs laws. This article is not intended to be a substitute for legal advice.

The following information is provided for educational purposes only, contact a Disability Lawyer for more information.

Social Security disability can be defined in two ways.
These definitions vary because government agencies and legal scholars use different criteria to define the term.

For example, the federal government defines Social Security disability to be the federal program that offers qualified disabled individuals monthly cash assistance payments, access to job assistance programs and other benefits.

This definition of Social Security disability is generally recognized by legal scholars to be a fairly accurate definition for everyday purposes. However, many legal scholars believe that this definition does not go far enough to describe the term for legal purposes.

As a result, legal scholars generally agree that one could also define Social Security disability to be the series of guidelines that are used by the federal government to define the conditions which are necessary to consider somebody to be disabled for legal purposes.

This is the case because the Social Security Administration uses various tests to determine if someone is eligible to receive Social Security disability benefits. These tests include an earnings test and a work duration test. These tests take into account a person’s age, past work history and the person’s disability.

As a result, many legal scholars believe that this definition of Social Security disability provides a fairly good start towards providing a legal definition of what it means to be disabled and unable to work.

– To summarize, Social Security disability is defined differently by the federal government and by legal scholars.
These definitions vary because the federal government and legal scholars use different approaches to define what Social Security disability is and how the term should be used.

As a result, many legal scholars suggest that the general public learn more about the subject to gain a better understanding of how different entities define Social Security disability

Readers looking for more general information about Social Security disability can start their research on the topic by using the sources used for this article.

Here is a list of those sources:
Jasper, Margaret C. Social Security Law. Dobbs Ferry, NY: Oceana Publications, 2004. Print.

Social Security Administration. Social Security, Disability Benefits. Comp. United States Government Printing Office. Baltimore: Social Security Administration, 2010. Print.

Disclaimer: Please remember that this article was written to introduce readers to general information about Social Security disability. The article is in no way a substitute for competent legal advice. Therefore, please visit a lawyer in your area if you have any legal questions about Social Security disability programs or benefits. Information provided by Mike Murburg PA – The Disability Attorney

The United States Congress is currently considering a bill called the Patent Reform Act of 2011. This bill contains a list of long-desired reforms to the US patent system, with the intent of streamlining and improving the way in which inventors and companies protect their intellectual property. The reform bill features changes to how patents are claimed, the way damages are doled out, and the way in which individuals or corporations can challenge patents. However, there is one aspect that has been the subject of some inquiry and controversy: under the new bill, the United States Patent and Trademark Office (PTO) would have the ability and authority to set their own fees at will, without prior consultation or lawmaker action.

For years now the PTO has had no authority in the pricing of its services. This has been set in stone by legislation and changed only whenever lawmakers saw fit to do so. The argument made for allowing the PTO its own fee-setting authority is that minute adjustments to fees would optimize revenue streams and, in some cases, make the system for efficient for administrators and citizens. Shortages in personnel could be covered by increasing fees as needed, allowing for quicker service.

Many, however, see this trend as dangerous to efficiency of the Office. For instance, there is less motivation to reduce administrative costs and save money when all the Office has to do is raise their fees. This could potentially allow the Patent and Trademark Office to grow to a monstrously inefficient bureaucracy that sustains itself by consuming more and more fees instead of cutting back on costs.

A logical progression from that issue leads to an issue of higher and higher costs for inventors and companies seeking to protect their intellectual property. The higher the cost of legal protection, the less motivation there is for individuals to do so; it makes the process less accessible to the average citizen or a small business. This will stifle innovation and potentially reduce the economic productivity and ingenuity of our nation’s entrepreneurs.

In summary, there is reason to believe conclusively that allowing the USPTO the authority to set its own fees may result in contradicting the main purpose of the Patent Reform Act of 2011: promoting ingenuity and innovation. Raising the cost of Research and Development while limiting the efficiency of the PTO stands in direct contradiction to these goals. A far better way to determine fees would be for a more regular review of them in Congress; this allows for regular changes if needed without giving the Patent and Trademark Office a blank check to run on.

What are the major flaws of today’s inventor’s legislation? For years, Congress has been struggling to pass bills that would see the overhaul of a patent system that helped American inventors have a better chance of claiming their ideas that in any other country of the world. Although it took many years to perfect the system that the United States of America now possesses, it is obvious that in modern times, sometimes legislation must be proposed that keeps laws in step with current world events. In other words, sometimes old laws should be slightly tweaked to see that it coincides with the society of the modern day.

The ‘America Invents Act,’ formerly known as the ‘Patent Reform Act,’ is the bill that Congress seeks to pass over their desks as soon as possible. This bill, as previously noted, will overhaul the current patent system that exists within the United States. Right now, the patent system is a based on a “first to invent” foundation. For instance, if somebody invents a new type of bicycle, it is their invention, therefore because they were the “first to invent” the device, it is their patent to claim. If somebody else were to steal their idea, all the original inventor would have to do is prove that he invented it first. The patent would then revert to them, as it should.

With the new inventor’s legislation, there is one major flaw. This is that the bill could be unconstitutional. The new bill proposes that the “first to invent” system be changed to a “first to file” rule. In the Constitution, Article 1, Section 8, Clause 8 states that a writer or an inventor retains the express rights to his works. The new legislation basically says that if you are the first to file for a patent, that patent then belongs to you. Regardless of whether you invented it or not. This is good news for corporations and large companies that can scan their horizons for ideas that they can patent – even if they are not their ideas. Therefore, the rights to an inventor’s work can be taken away if somebody files it first. This is not good for small businessmen or independent creative minds. By removing the inventor’s right to vie for their rights, it becomes very easy for somebody to steal an idea. Although many argue that this is a patent system that is used throughout the rest of the world, the United States of America is not the rest of the world. Entrepreneurship will not be furthered by legislation that favors corporations over small businessmen, who are the ones who form the backbone of a free market.

The possibility of physical trauma is well documented when it comes to car accidents; however, the emotional scarring that can occur is a much more complex subject. While health professionals can diagnose and treat injuries using modern medical technology, emotional injuries resulting from a car accident may be much more difficult to diagnose and treat. Furthermore, emotional scarring resulting from auto accidents can require years of intense therapy and sometimes, the trauma may never be healed.

The Toll of a Car Accident

A car accident can be a very frightening experience, turning your entire world upside down in the blink of an eye. If the car accident involves physical pain, the trauma created may run even deeper, as the physiological effects of the accident can create long lasting connections in the brain. Psychological professionals may even diagnose someone involved in an accident with Post Traumatic Stress Disorder, which is a debilitating psychological disorder that includes symptoms such as severe anxiety, reliving a frightening moment over and over again, sleeplessness, and overwhelming fear. Post Traumatic Stress Disorder may require years of treatment and even then, the possibility exists that it may never go away.

What Can You Do?

If you have found yourself suffering from emotional turmoil as the result of a car accident, one option may be to contact a qualified legal professional. A lawyer may be able to help you gain compensation from your car accident, not just in terms of physical injuries, but also regarding emotional scarring. A lawyer will be able to lay out all of your options for pursuing a legal case, and will be able to represent your interests in court.

Furthermore, a qualified legal professional may have the resources to examine your case from both a medical and psychological perspective. Proving emotional scarring in court can sometimes be difficult. A lawyer may be able to call in expert testimony from professionals in the medical and psychological field in order to prove your trauma exists. This can be of great help when trying to show injuries that others can not see.

If you have been in an automobile accident and feel that you have been emotionally scarred, consider consulting with a lawyer. You have suffered enough and deserve compensation for your injuries. Let a compassionate and understanding lawyer represent your interests in order to help you recover from these unseen injuries.

Contact an experienced Mesa Car Accident Lawyer for more info.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.