Digital Estate Legacy Planning – Be Prepared

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Before you even start to make your plans and calculate all your assets and property, it would be more than useful to take some time and think about your digital legacy. In general, this term refers to all those “e-things”, like your internet accounts, social profiles, websites, blogs, YouTube channels, etc. As you already know, the majority of these items will be active after “owner’s” death, which is the reason why they can cause many unpleasant and unwanted situations. And this is something you definitely want to avoid. Because of all that, digital estate legacy planning is very important step to take care of and should be included in the priority list of all the people who are planning to make their “regular” estate plans.

digital estate planning

On the other hand, digital items cannot be a subject of classic testament and they cannot be considered as a part of someone’s property. Nobody actually owns internet domains or social profiles simply because we are just using them for a certain period. After someone’s death, the agreement between user and company (provider), who is the real owner, stops to be active. Of course, it is not because of the physical death of the user; it is primarily because decedents cannot pay their domains or because they cannot actively be engaged with particular platforms. In most cases, the majority of them will be switched off after a while. The problem might cause those platforms that can remain active years after user’s death.

Fortunately, you can prevent those things and avoid unpleasant surprises if you leave instructions to your executor about what he or she should do with digital legacy after your death. This is the reason why this person should be someone you can trust and who will do exactly what you specified in your will.

If we are talking about social profiles such as Facebook, Pinterest or Twitter, you can tell your executor to notify all your friends about your death or to delete your account. It all depends on your wishes and desires. If you don’t do this, your profiles will be active for a long time, which can be really unpleasant both for your friends and your family.

When we are talking about e-mails, every company has strict rules about inactive accounts and they will all be deleted after a certain period. You can also instruct your executor to take care about your e-mails and to inform all your associates and friends about your death with some appropriate message.

If you do not want to disturb your friends with it, you can always hire specialized agencies or use online software to take care about your digital legacy.

Foreclosure Attorney And Wrongful Foreclosure

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It is so irritating that many homeowners in California are still living with extreme fear of losing their borrowed properties through wrongful foreclosure. This is so perturbing especially in this era when the rule of law clearly denotes what is good and bad. Within the California homeowner bill of rights law (SB900) both parties are protected against any form of harassment and aggravation. The law vividly states what the lender should do in case the borrower has failed to pay the mortgage on time. However, this does not mean borrowers have no right to defend themselves against unjust foreclosure. The law is very clear and candid on unfair foreclosure. If faced with this predicament,t it is good that you know your rights well and do not let yourself be embarrassed by your lender. Otherwise in any case you receive a letter of unlawful foreclosure it is advisable to contact our foreclosure attorney for support.

wrongful foreclosure

There are several ways for avoiding foreclosure and this will depend on which step or course of action the lender has opted to take. In any case or instance, you are faced with unlawful foreclosure and that the lender has opted to take a non judicial process to foreclose, then the foreclosure attorney once contacted will file lawsuit on your behalf .Based on the SB900 bill of rights, our attorney will argue that the lender did not comply with the California’s foreclosure law. Further still he will convince the court that the lender must have misrepresented the borrower or has breached the contract if he revokes the modification or terms of agreement.

However, in case you realize that you can’t afford to make the payments as earlier agreed, then you can opt to apply for a loan modification and by so doing, you will be at a better position to stop the foreclosure. In this case, if your application is lawfully accepted, then your lender is restricted from dual tracking and it can permanently stop the foreclosure as long as you keep up with the modified payments of your loan. However, informing our attorneys will further protect you by exploring your rights under the California foreclosure laws and federal laws to stop the foreclosure.

Secondly, filing for bankruptcy can stop your foreclosure. This is very effective even when the notice of foreclosure has been served as it allows for an automatic go on stay that functions as an injunction prohibiting foreclosure. This method has an added advantage of eliminating or avoiding debts, stripping second liens, getting rid of HELOCs, stopping wage garnishments, wiping out all personal loans among others.

Finally, if in a position further still you can stop your foreclosure by requesting a deed in lieu or short sale. By so doing the lender will have to approve the short sale. But it is advisable to ensure you have no liability for the loan after the short sale is completed.

It is a pathetic act of being embarrassed by your lender, and at times you might feel so aggravated if you receive a notice of foreclosure at unexpected times or hour. But still, if you find yourself in this dilemma you don’t have to kill yourself, instead take action by contacting the foreclosure at consumer law group.

Road Trip Accidents: What to Do if You Get in an Accident in Another State

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You may not think twice about driving out-of-state for a vacation or a visit to see family. Most of the time your trip will go according to plan. Unfortunately, even drivers with great records can find themselves in an accident in another state at the hand of careless individual. Do you know what to do if you get into an accident in another state?

Overall, out-of-state car accidents are handled much like they would be in your home state. You insurance will likely cover you regardless of where you are driving in the United States. There may be slight differences in accident processing from state to state, which is why it’s prudent to find out about the laws where you will be driving.

One key difference that you may notice between different states is that some follow a “no-fault” statute that means your own insurance will pay for an injury, regardless of who caused the accident. States that do not have a no-fault insurance system will allow you to seek legal action against the party responsible for the accident.

cars crashed

If you are in an accident, remember the key things to do in any car accident. See if anyone is injured, move the cars out of the path of oncoming traffic if possible, call emergency services to report the accident and receive medical attention, and exchange insurance information with other drivers involved. Never leave an accident scene prior to talking with law enforcement. If applicable, you may also want to talk to witnesses and ask them for contact information. Take pictures for your attorney or insurance provider later on, and don’t admit fault at the scene.

As soon as possible, contact your insurance company. Your agent will be able to answer some basic questions about what you should expect from the state in which you have an accident. They can even help you contact a towing service and find an alternative means of transportation.

In the event that you are injured in an out-of-state accident, you may be considering taking legal action against the responsible party. An accident in another state will fall under that state’s jurisdiction, where the injury laws may be different from those in your home state. You will need an attorney who is admitted in the state to help you bring a case against the defendant. If you have experience with an injury attorney in your home state, contact his or her office for a recommendation on an attorney. You may even find that your attorney is able to practice in the state where you had your accident.

The statute of limitations on filing a suit, recovery limits, and other aspects of the case may be different in another state. Getting in touch with a qualified car accident attorney as soon as possible is the best way to ensure that you are approaching a legal claim in the appropriate way. Even though filing a lawsuit can take time in another state, it may be the best way to cover medical expenses, car damage, and other costs that may not be covered by your auto insurance.

How Divorce Lawyers Can Help You Out

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Navigating the rough waters of a breaking marriage is a harrowing experience that is nerve wracking. What with issues such as spousal and child support, property division and child custody that can be very emotional and at a time when one is not getting along with their partner. Divorce lawyers have been trained and are experienced enough to assist any persons who have to go through this very traumatizing process.

divorce lawyers

Explaining state laws: Different states have specific family laws that deal with the matter of marriage dissolution. A divorce lawyer who practices in your state knows these laws and that makes them an expert in the field; this means you won’t have to worry about important aspects that could have been overlooked.

The process: Because of their experience, divorce lawyers have the entire process in their fingertips. When you have a good divorce attorney on your side you will rest assured that each step will take place according to the process. Things such as how you will divide your property will go according to your state’s prescribed law and because they know the process, they will be able to do it fast and effectively.

Entitlements: When a marriage is dissolved, every party has some entitlements such as a portion of your spouse’s pension etc. alimony or spousal support. Your divorce attorney has the skills required to examine the unique factors of your particular situation to know exactly what entitlements you should have included in the final agreement.

Debts and Assets: When there are debts that you incurred as a couple part of the agreement should deal with how you will service them equitably. This means that there is also need to account for all the assets that are included in the marriage; the value of these assets will need to be divided equitably between the parties. Divorce lawyers have the skills that enable them deal with these issues in an effective manner.

divorce attorney

Custody Arrangements: When there are children involved in a divorce case, either one or both parties could be granted custody as the court may decide based on the facts presented before it. Trying to navigate this issue can be very stressful especially because of the emotions that are involved. In most cases it is necessary for a third party that is impartial such as a child custody attorney to provide some beneficial assistance when decisions regarding child custody are being made.

Settlement negotiations: After all the details regarding the divorce have been ironed out, there will be need to negotiate a settlement with the other party. Your legal representative is best placed to negotiate a settlement with the other professional on your behalf because of their training.

How To Hire The Best Private Investigator

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Divorce, fraud and insurance theft are the reasons you might want to hire a private investigator. Various companies hire private companies in order to attain certain goals or specific information, individuals hire them to track and record spouse’s movement and affair while lawyers use them as additional resource that can help in the investigation.

To get to the right information quickly, it’s necessary to hire the right person. Luckily, there are a lot of options in the local newspapers, online magazines and yellow pages. But, not all private investigators are experienced and skilled. You would have to do some research to choose the right person, and I will let you know what kind of things you need to take into accounts.

private investigator
Registration

It’s important that you choose someone who is registered. You will not only get faster and better results, you will be working with an agency that follows procedures, is educated in the laws and has the right skills.

Experience

I would say that this is probably the most important factor you want to consider. If the person you hire is familiar with all the approaches and the law, you will get the results fast and discreetly.

Technical Equipment

While you may not be in position to check this one out, you might want to inquire what kind of assignments your potential private investigator can do, how much time he needs to do it and if he’s using the right equipment for that specific assignment.

Obviously, a lot of people need the services of private investigators. If you yourself have a desire to become one and bank on the high demand for your services, you might want to learn how to become a private investigator in 3 simple steps. A good read like this will help you figure out where you are at and what it takes to become a great investigator, the one that will be able to do the job quickly, discreetly and get paid for it.

What You Should Know Before Looking For A Wrongful Death Attorney

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Even in those situations where someone is not charged with a crime regarding the death of a person; the deceased’s loved ones can easily file a civil suit for wrongful death. In most of these cases misconduct and negligence are sighted other than criminal responsibility. Take note also that only a person who is an executor of the deceased’s estate can file such a suit. This means that when an executor agrees with the family that there is need to file suit, they cannot also act as the wrongful death attorney. Such suits are normally filed in a civil court for the decedent’s immediate family where they name the person they believe is indirectly responsible for the death.

wrongful death attorney

Prove the case: If the wrongful death lawyer is going to recover any damages on behalf of his clients, there are two things he needs to prove. The first is that he needs to show by a preponderance of evidence how the defendant is believed to have been responsible by either negligence or misconduct. The second thing he will need to demonstrate to the court is how the plaintiff, who is normally an immediate family member, will be negatively affected by the loss. This may not be very difficult to establish in cases where the decedent can be shown to have been the primary breadwinner; this would show how the family will get affected by the loss of the income the victim earned.

Common Cases: In most cases wrongful death attorneys will file cases as a result of any one of the following incidences such as: aero plane or automobile accidents, on the job fatalities, medical malpractices, exposure to dangerous substances without the required warning, food poisoning, and exposure to toxic products without due advice or several other supervised activities. You can be sure that automobile related accidents account for the most common reasons that people will sue for the wrongful death of loved one. Out of the thousands of car crashes that occur each year, more than one third of them are associated with drunken driving which in itself is a criminal offense. The other related crashes can be as a result misconduct, distraction, simple negligence or mechanical failure.

The decision on whether or not you are going to get in touch with a wrongful death attorney is really a highly personal one. However, it is advised that people should finish mourning their loved one before they can decide to file a suit; some of these lawsuits can take a considerable amount of time before they can get resolved. When culpability has been clearly established, you can be almost sure that an attorney will take up your case. You must also expect a long fight in court that can take several years but finally you could get reasonable restitution or compensation.

Roles and Duties of Legal Advisors

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The personal integrity of any lawyer is based on his good moral principles and ethics that he follows and implements in his practice. When the question on integrity is raised of a lawyer, the ultimate result of case filed may change even; the question of integrity may hit the emotions of individual or advisor who is dedicated, honest and capable of doing justice with his clients. The question of justice is important in law and legal advisory. Besides, this factor the importance of service can never be neglected and personal traits and professional characteristics of an advisor must be there and a professional consultant or advisor must be educated, well aware of knowledge and skills of legal advisory. The roles and duties of legal advisor are based on his character building and abilities that he keeps.

Duties of Legal Advisors

One of the main qualities that make an advisor prominent is his behavior with the party and his clients. The way he keeps things confidential and secrets before the third party is considered among the good qualities of an advisor. The conversation helps a bit in such cases and without understanding each other problems; the relation of strong communication may not be developed between client and advisor. The main lacking in our society is proper communication that takes time and this is the reason that strong relations are not built up. A good professional legal advisor will never misuse his post and will guide his client in all matters and will create strong communication as well as relationship with his client. If proper communication is delivered and advisor understand client’s matter like his own matter, then there are chances of success and case may be resolved handsomely. The other duty of an advisor is the charging of fee and this is negotiable between them. The honesty is the only factor that comes and dishonesty may lead a client towards dissatisfaction, if and only fair charges are charged by his advisor. It’s the right of a client to pay his advisor. Similarly, it is the prime duty of an advisor to be fair with his client and should charge accordingly.

There are various strategies that may be adopted by an advisor. One of the prime responsibilities should be to provide all maximum benefits to his clients in all sittings and the purpose should not to provide costly services in order to gain fee and honest, fair and effective advice should be given to clients in every sitting. It is the duty of an advisor to listen his client and a good listener is always a successful advisor. Legal representation from an authorized person demands such kind of behavior that is acceptable and fair in all means and client should feel comfortable while discussion; further this can lead them towards strong and wanted relation that has some value in the eye of law.

John Hopkins University In Trouble For Aiding In Guatemala STD Experiments

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A lawsuit has been filed by more than hundred individuals against Johns Hopkins University for its role in STD experiments in Guatemala. The lawsuit is for medical malpractice and particularly addresses the role the university played in government medical experiments. This particular incident had taken place in 1940s and 50s.

In these experiments the humans were used as experimental objects. They were being constantly infected with disease. The top diseases that they were infected with included Gonorrhea and Syphilis. The individuals who were infected were not told about these experiments and their consents were not obtained too.

When individuals asked about the experiments, they were told that these were just routine medical checkups. They were told that the treatment was in their best interests.

The main targets used in these experiments included orphans, children and soldiers. Patients from psychiatric hospitals and imprisoned individuals were also on the list of people who were used in the experiments.

There was a research performed on 774 individuals and it was on their behalf in addition to their families that the lawsuit was filed. The lawsuit strives to receive a damage settlement of at least $1 billion.

The complaints state that the officials employed at Johns Hopkins University at that time were the major role players in these experiments. Not only did they act as advisors of the government on conducting these experiments but also assisted the government on allocating its budget to make the most of them for conducting the experiments.

Johns Hopkins and many other perpetrators were the encouragers of these experiments. They were also acting as directors of these experiments and aided them in whatever way was possible.

These experiments were lost in darkness for more than half a century and were only brought to the knowledge of the world in 2010. After the news about these experiments came on the scene the president of the US, Barack Obama, had to present his apology to the president of Guatemala.

Michael P. Ehline. a Los Angeles Attorney from www.ehlinelaw.com, confirmed that a lawsuit was also filed at the time for putting people to a medical experiment without their consents. This lawsuit was filed on behalf of only 7 people who were used in these experiments. These experiments were performed on humans without their consent by US Public Health Service.

The exemption of the US governments for the torts that take place in other countries than the US had made a judge dismiss the challenge. However, the judge at that time had also mentioned that this particular chapter is a troubling one in the history of the country.

He also mentioned that the court could not do anything in this matter. The information about these experiments was out in front of the public in 2010 but then the matter had remained under obscurity for quite some time.

It was one year later that a complete report from Presidential Commission for the Study of Bioethical issues put more light on the matter and how these experiments were done on humans who didn’t know what was being done to them.

Signs That You Need a Lawyer

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There may come a time in your life where you will be in need of professional legal advice or representation, whether in court or some other legal proceeding. The reasons are manifold. You may have been injured and are seeking compensation, you may have been arrested and need legal advice, or you may be writing up a legal document and need authorized witnesses. These and many others are all cases in which you need a lawyer.

There are also incidents where it’s not entirely clear whether a lawyer is necessary. In most small claims courts, for example, it’s often cheaper and more expedient to represent yourself. 

Similarly, you may find yourself in a situation where you just need advice or information, and need alternative sources to engage.

Knowing where and when you need a lawyer is important. On the one hand, you can rest assured a legal professional will have all of your bases covered. On the other hand, you could avoid the expenses of hiring a lawyer at times when you are, in fact, capable of getting by without one. Become familiar with the signs so you can make a proper, informed decision.

lawyer

What Exactly Is The Problem?

Lawyers rarely act for free. While the state is obligated to provide a lawyer should you be unable to provide one yourself, this is only under certain circumstances, and you have no control over who that lawyer may be. So clearly defining your problem can help you come to a decision as to whether a lawyer is necessary in the first place.

While there are many circumstances such as an arrest or a lawsuit that may obviously require legal intervention, there are also other circumstances in which it can be useful to have a lawyer. If you find yourself in the process of purchasing a home, setting up a business, drafting a will, adopting a child, or entering into a legally binding contract, seeking the assistance of a skilled legal professional can be invaluable.

First, they can make sure that any paperwork you’re drafting is legally watertight — with no unforeseen loopholes or oversights that could cause trouble later. The wording of a contract or document can often be confusing, even deliberately misleading or vague. An attorney is more likely to spot small print that could potentially harm you later. Second, they can make certain you understand what you’re doing from a legal standpoint. Finally, they can advise you as to any laws, ordinances or regulations that may be able to offer you further assistance or protections in the proceedings.

How Much Time Do You Have?

Sometimes the situation leaves you with a fair amount of breathing space. If your court hearing doesn’t take place for a few months or so, then you have some time to consider the circumstances and decide in your own time whether you really need any legal help. The same goes if you’re thinking of drafting a legal document or opening a business.

However, you will encounter situations where time is of the essence. If you’ve been injured and are seeking compensation, for example, you will need to settle the matter quickly if you want your suit to succeed. It’s also never too early to seek legal advice for something relatively far off, such as advice regarding a will or questions regarding business taxes. Of course, if you’re being questioned by the police, you will need a lawyer immediately in order to see you safely through the negotiations.

Is This Something You Can Do Yourself?

There are certain legal circumstances where a lawyer may be useful, but not necessary. Many small claims courts will have stakes that simply aren’t worth the expense of hiring a lawyer to represent you. If all you’re suing for is the return of small sentimental items, like a couple of rings or a PC, then you’d be spending more for the legal representation than what you’d be getting in return. In general, if you’re in court for something worth less than $5,000, legal aid may not be worth your time.

It’s ultimately up to you whether you decide to seek the advice and support of a lawyer in most cases. While not always necessary, the advice they can offer can often prove highly advantageous to your case. Most injury claims or complaints against businesses or organizations can also be settled relatively quickly out of court. Other regulated businesses and institutions, such as banks, will have their own state-run agencies that can pursue the case for you without needing the intervention of an attorney.

Consider your options carefully and try to keep them as open as possible. If you do seem legal advice, do your research and make sure you are getting the right firm to represent you given the nature of your case and their area of expertise. If you are involved in a personal injury case, for example, make sure to engage the services of a qualified personal injury attorney like David R. Heil. Just as with a doctor, you want to make sure you engage a specialist who fits your needs.

What to Do if a Loved One Suffers Severe Brain Injury

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It can be difficult to consider anything outside of a loved one’s health after they have suffered a traumatic brain injury, or TBI. However, in many TBI cases, there will come a time where important decisions must be made involving the loved ones medical and financial well-being. While it may seem a bit cold, keeping a mind on the practical considerations is a key way that someone with this kind of injury needs your support. Your search for information on the legal ramifications of a TBI should begin with an attorney who has experience in these sensitive matters. As every case is unique, it’s important to take advantage of the free consultations offered by law firms like the Law Office of David Heil so they can help you through the process of acting on behalf of your injured loved one. It should also provide a foundation of questions to ask when choosing the right attorney to work on your behalf, which is important when navigating these complex waters during a difficult time.

Guardianship

If the injury is serious enough, your loved one may be in an incapacitated state for a lengthy or indefinite amount of time. Often in this scenario, the injured party has financial responsibilities and assets that, if left unattended due to injury, can become costly. It’s important to go over available options with a support team of family members, doctors, and attorneys to formulate a plan that ensures the interests of the injured are protected. If they are unable to fully manage their estate, you’ll need to strongly consider a legal guardianship.

A guardianship, as it relates to an incapacitated adult, is somewhat similar to how it pertains to a minor. Like a minor, a guardianship in an injured adult is usually court appointed and allows the guardian to act on behalf of the other individual. However, unlike most minors, an adult is likely to have assets that need to be managed by another until such time when the injured party can resume duties. There is no over-arching federal law regarding guardianship, so the relevant legislation will vary from state to state. In addition to varying laws you can expect varying terminology from state to state as well. Some states will use the term “incapacitated” for someone after a TBI while other states may use the word “incompetent”. Regardless of the terminology, an attorney can assist you in obtaining legal guardianship so you’re able to take on essential functions until your loved one recovers.

injury

Guardian Functions

Protecting financial assets is just one the many responsibilities that fall under the role of a guardian. Of course, not everyone can serve as guardian for someone who has suffered a TBI. The responsibility typically falls on a spouse, parent, sibling, bank or money manager depending on the issue. It also isn’t uncommon to see co-guardianship granted to multiple parties in more complex estates. However, too often there can be disputes among parties on who should make important decisions that could hurt the interests and health of the injured party. You may also be dealing with additional outside pressures, which is why it’s best to engage a lawyer for guidance on how to go forward with the essential functions of a guardian. Some of these functions include:

  • Applying for benefits such as Social Security Disability, Supplemental Security Income, or state medical benefits
  • Retaining an attorney to investigate the cause of the accident and seek restitution in an injury case.
  • Institute legal actions to protect the incapacitated person’s rights against insurance companies or those who caused the accident
  • Legally advocate for the incapacitated person’s rights and best interest
  • Safeguard the incapacitated party’s finances
  • Keep records of financial transactions and open bank accounts and write checks for the injured party
  • Legally refuse or limit access to medical records in order to protect the individual’s rights to continued health care and insurance benefits
  • Give authorization for inspection of medical records
  • Release medical information to entities such as public assistance, workers’ compensation, and Medicare/Medicaid
  • Consult with doctors and make decisions regarding proper medical treatment

While this information is meant to be helpful, it is only a drop in the bucket when compared to the help most people need when faced with a difficult family situation. While it is hard to think about anything other than the health of your loved one, as an appointed guardian (or someone who is considering assuming that role) you need to be the anchor for your family and the injured party.  The health of your loved one should always come first, and for that you have a team of doctors. For every other interest, you’ll need a support team that wouldn’t be complete without an experiencing attorney to help you perform the essential functions of a guardian.

About the author:

Brian Levesque is a freelance writer who contributes on various topics of modern living, bringing his practical experience out through articles and advice columns.