Articles

9 October, 2018

Lemon Law Articles

If you buy a defective vehicle, you should be reimbursed for everything from the car itself to all the incidental costs like a rental car, cab fares, lost wages, etc. With a legitimate case and the right documentation, a quality lemon law attorney should be able to get all of this for you; without breaking your bank in the process. Continue reading →

Opt Mobile Notary Service Los Angeles CA

21 November, 2018

International Law Articles

These notaries are classically utilized as part of the mortgage closing process where multiple parties' signatures require to be collected. Continue reading →

Why Should You Contact A Workman’s Comp Attorney Macon ASAP?

31 January, 2019

Wrongful Death Law Articles

Holding a job in a factory or a risk prone industry is fraught with dangers. It is essential to keep yourself protected while carrying out your functions effectively. Continue reading →

According to the Department of Transportation, 42 percent of all motorcycle-vs-car accidents are caused by drivers making unprotected left turns at intersections or turning left while a motorcycle is attempting to pass. Continue reading →

Determining Paternity in Chicago, Illinois

Having to take a DNA test is not always the first thing men want to do or women want to ask to have done. But it is the only way to find out if a child is yours or not. However, legally establishing paternity in Illinois is a little different. And even more so, denying paternity. Continue reading →

Why You Need a Living Will

Making medical decisions for a loved one is extremely difficult, but making end of life decisions for someone is legally impossible without proof of his or her wishes. In New York, nobody may make end of life decisions for another–such as to forgo life sustaining treatments which only serve to artificially prolong one’s life—unless there is “clear and convincing” evidence of that person’s medical wishes. A Living Will document is the standard manner in which that burden is met. Continue reading →

Basic Steps in a Residential Real Estate Transaction

Selling or purchasing real property can be one of the most significant transactions in your life. The information below is a general guide to the basic steps in a residential real estate transaction. Complex issues may arise during a sale, so you should retain an experienced real estate attorney to represent you. Continue reading →

What happens to your house when you enter a nursing home?

14 October, 2020

Elder Law Articles

When someone enters a nursing facility for long term placement, there are several ways the Chronic Medicaid program can treat the primary residence. Usually the primary residence is a “countable asset” for the Medicaid applicant and needs to be sold. However, there are some exempt transfer and planning techniques that can preserve the primary residence. Continue reading →

What is the Role of an Attorney in a Real Estate Closing?

A “closing” in legal lingo is the final step in a real estate transaction. A real estate closing is when the purchaser obtains title to the property, evidenced by a deed from the seller to the purchaser or stock in a cooperative apartment. Simultaneously, the seller obtains the net proceeds from the sale. This event is usually attended by the seller, purchaser, their respective attorneys, the title closer, the bank attorney (if the purchaser has obtained financing) and the real estate agents. Continue reading →

How to Object to a Will

In order for a person to contest a last will and testament (“will”) in New York, he or she must have legal grounds. This means a reason based in the law that the will is invalid and should not be admitted to probate. Admitting a will to probate means that the executor named in the will is appointed by the Surrogate’s Court. The executor then distributes the decedent’s assets as dictated by the will. The most common grounds for challenging a will are improper execution, lack of testamentary capacity, and undue influence. Having grounds for contesting a will takes more than simply disliking the terms of the will or being unhappy with its distribution. Continue reading →

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After a Truck Accident: Ways to Prove an Hours of Service Violation

Commercial trucks are a staple for our economy, carrying essential goods across the country. Unfortunately, these trucks are not without their risks. Typically, these vehicles can weigh upwards of 80,000 pounds and often lead to devastating and catastrophic injuries if they are involved in an accident. As a result, both the state and federal governments have created hours of service (HOS) regulations to prevent some of these horrific crashes by ensuring that truck drivers drive safely on the road by staying awake and alert. Continue reading →

Should I put my rental property in an LLC?

A Limited Liability Company (LLC) is a type of business entity that limits the personal liability of the owners. When clients own rental property in their individual name, or are considering purchasing rental property, we advise them to create an LLC to own the property instead. An LLC does exactly what its name suggests, it limits the client’s liability to the asset owned by the LLC. An LLC acts to separate the assets owned by the LLC from the client’s other assets. Continue reading →

What is a Marital Trust?

25 June, 2021

Trusts Law Articles

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and Medicaid protection. Continue reading →

Minimizing Estate Tax for Singles

If you were married, the tax code allows for portability, or the ability to share exemptions with your spouse. With a timely filed estate tax return after the death of the first spouse, you can effectively utilize your deceased spouse’s unused exemption amount. However, if you are single with no plans for marrying in the near future, the planning strategies require a bit more creativity. Continue reading →

Inheriting a House with Medicaid Lien

14 June, 2021

Elder Law Articles

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid recipient passes away. Continue reading →

How are Promissory Notes Used in Medicaid Planning?

3 June, 2021

Elder Law Articles

To financially qualify for Chronic Medicaid, an individual must show they have countable resources of less than $15,900 (2021 figure that changes annually). When applying for Chronic Medicaid, the applicant and spouse must show that they did not gift or transfer assets within the 5 years prior to needing Medicaid to cover the cost of the facility. Any such transfers result in a “penalty period.” If you or a loved one find yourself in a position where you have resources in excess of that amount, planning will be necessary in order to protect any of your assets. There are certain assets that are not considered a resource for the purposes of eligibility. Additionally, certain transfers are exempt and do not result in the imposition of the penalty. But, for those that have assets that do not fall within these exempt categories, promissory note planning can come into play. Continue reading →