Are Your Assets at Risk?

Estate Planning Service

Asset protection should be considered even at the earlier stages of your career. Even when you think you don’t have much to protect, anyone with any kind of asset is at risk of losing them.

Create Your Hedge

Asset protection can take different forms and some are more bulletproof than others. Fortunately, you can layer your protections, although doing so can cost you a pretty penny. That said, spending extra for asset protection is still better than losing what you have to litigation.

One of the things you should first consider is how to remove these assets legally from your name while still maintaining control over them. Somebody looking to sue you to gain your assets is likely to be discouraged once they find out you own nothing in your name.

Hold it in Trust

Another way to take these assets out of your name is to set up a trust. You can set up a family trust to protect your home, for instance. The process of doing so varies from state to state. This means that setting up a family trust in South Jordan, for example, should be done with a consultation with the legal counsel from that area. MDF Estate Planning, Inc. further adds that this consultation is important, as there are two types of trusts to choose from:

  • Revocable – It’s where you can take back the assets you put under it.
  • Irrevocable – It’s where you can no longer do take back assets.

Create a Corporation

One final way to protect your assets is to set up a limited liability company or a corporation to hold your real estate. You can, for example, put your home under a corporation. This way, should an accident happen on your property, the litigator will only be able to touch your house while all other assets remain safe from any legal involvement.

The idea of safeguarding your assets may seem like a lot of trouble, but you’ll appreciate it in the end. Think of it as an insurance — you won’t know that you needed it until something untoward happens to you or your assets. With legal protection for your property, you can be sure that what you worked for will not be taken away so easily.

Distracted Motorists Cause Motorbike Accidents

road accidentMotorcycle accidents are more common because they don’t provide the same protection against impact that cars do. Motorcyclists get a bad rap for driving recklessly, but more often than not, it’s the car drivers fault.

In the case of a motorbike accident, the injured party has coverage insurance in the policy of the driver who was at fault. Determining who was at fault can sometimes be difficult. A motorcycle accident lawyer here in Oklahoma can determine whether the driver acted within the law.

What causes motorcycle accidents?

One of the top reasons for a motorcycle accident is poor visibility. Car drivers fail to notice the smaller vehicles and may turn into them when making left turns or right while the biker is trying to overtake, causing a collision.

Other common causes of accidents include a car driver cutting a corner in front of the biker, who then must swerve to avoid a head-on collision, and changing lanes or doing a U-turn into the path of a biker.

Lack of attention to other road users, texting, and using a cell-phone while driving are frequent reasons for this distraction. Accidents can also occur when the biker weaves in and out of the traffic or drives too fast.

Oklahoma Motorcycle Law

To comply with the law, motorcycle riders must have an M endorsement on their driver’s license. They must be over 16 to carry a passenger, and if they are under 18, they must wear a helmet. However, if an older person doesn’t wear one and they are injured, they may be deemed negligent.

Those under 17 years are also required to complete a Motorcycle Safety Foundation course, or they cannot get a license. Two rear-view mirrors of at least three in diameter are required for the bike, as well as protective goggles for the biker.

Motorcyclists are sometimes thought of as reckless drivers, but in more cases, the car driver is at fault. Complying with the law and taking a motorcycle safety course can help bikers avoid accidents.

Untying the Knot: Setting Objectives in Divorce Settlement

divorce decree documentFiling for a divorce is not only about legally severing a marital tie with another person. There are other things to think about, such as your assets, finances, properties, and children. It’s likely that your life is going to be different during the process and after everything is finalized. This makes it important to have a clear idea of what you want to achieve in the settlement.

Striving to be Fair

Being realistic when setting your objectives is advisable. Keep in mind that when your case goes to court, the judge will strive to be fair to both parties. You cannot expect the judge to favor one spouse unless there’s a valid reason for doing so. and other family law attorneys note that the court will look at each party’s needs to continue with their lives and focus on the best interest of kids.

No Blaming

Remember that the court is also not interested why the two of you broke up or who is to blame. It’s easy to believe that you deserve more because of your ex’s mistakes and behavior. If the court will handle the case, they would take an unbiased view of the situation, particularly if kids are involved. They will also consider your current and future needs.

Clarity Matters

Being clear about your objectives and minimize further conflicts and misunderstanding. This will help your lawyer understand what you are looking and want to achieve. You also need to agree with your attorney on how to approach decisions in the divorce process. If there’s something that matters to you but isn’t financially significant, make sure that your lawyer knows about it.

When setting your objectives and making decisions, it is best to listen to what your lawyer is telling you. Keep in mind that they’re experts in divorce law and its processes. If your lawyer thinks that you are being unreasonable or unrealistic, be sure to value that advice. Experienced and reliable lawyers have your interests at heart.

Ways to Solve Your Business Disputes Affordably

Business people and a lawyer on a meeting roomThe thing with business is you will need to settle a dispute every once in a while, regardless of how good your working culture is. Whether the disagreement is between you and your employees, investors, or clients, you need to know how to solve them amicably and affordably.

Here are tips to settle quickly any dispute that comes up without denting your cash flow.

Opt for alternative dispute resolution

Lawsuits can be extremely costly. Take advantage of other ways to resolve your disputes. You could choose judicial mediation and arbitration services where a third party gives the resolution to the problem.

Opt for contracts that have binding arbitration clauses, as they are more convenient should the need to settle a dispute arise.

Encourage communication

If there is more yelling than talking in your organization, there will always be trouble. Help every stakeholder in the organization to engage in calm, productive communication so you avoid needless conflicts that may lead to needless conflicts.

Whenever there is a disagreement, let those involved sit down and have a peaceful and sincere talk to resolve it.

Find the cause of the problem

You cannot completely resolve a problem without getting to its root. Most of the time, what you see at the surface is just a cover for deeper issues. Get to the core of the problem and use your best judgment to solve the issue permanently.

Revisit your goals

If you have been facing a lot of dissenting voices, you may want to sit down together and reevaluate your business goals. Go over your objectives and find out how to tailor them, so you and your partners are satisfied. Resolve ways to work together in harmony, so you avoid clashes in the future.

Nobody likes disputes – they can be greatly taxing to both your emotions and your finances. By being smart, you can smoothly handle any problem that comes your way.

Dealing with Disputes: How Mediation May Save Your Company

Two Employees Having a Dispute

Two Employees Having a DisputeWhen employees and their employers have a major dispute that could involve legal matters, one of the more obvious choices is to go to court and settle it there. Unfortunately, it consumes a lot of resources from both parties in the form of money, time, and reputation. A better option is mediation, which involves hiring an expert who will assist both parties to focus on the actual issues and find a solution for it.

Here are some of the benefits of this process:

Less Costly

Money is one of the biggest resources that are drained whenever there is a litigation case. Aside from lawyer’s fees, there are also possible fines and money lost from missing work and time consumed by the case. Through employment dispute mediation, all you need to pay for is the mediator’s fee. Any other payments would depend on the agreement that you and your employee eventually come up with.

Faster Process

Time is an irreplaceable resource that will be used in any litigation process. With expert mediation, a legal case that can last for months can be solved within weeks. Mediation helps you and your employee connect and communicate on specific points. This direct process with expert guidance may expedite any agreements decided by both parties.

Stricter Confidentiality

Court cases, especially the more controversial ones, will catch some sort of public or media attention. Your company’s reputation can easily be compromised, and that can mean loss of business clients and profits. Resorting to mediation keeps company and employee privacy intact and saves you the trouble of having to deal with nosy people and the media.

Mediation helps you and your employee resolve your dispute quickly, quietly, and on your own terms. If you can resolve the issue while it is still small, then do so. Who knows, mediation might even restore your good working relationships in the end.

Saving Your Marriage Through Counseling

Marriage Counsel in AlbuquerqueSome marriages go through problems, both big and small. But if you constantly fight and cannot even talk to each other, you might be able to save your marriage by opting for professional counseling.

Still, in cases where even counseling cannot help, divorce lawyers, particularly in the Albuquerque area, may offer you the cleanest exit. But before you do so, consider these pieces of advice:

Proper Communication

Proper communication and mutual respect are the ingredients of successful relationships, and this is truer in matrimony than any other relationship. It can help if you learn proper communication – which involves not only talking but also listening. So, talk to your spouse and when they do, give him or her your complete attention. It is possible that after a fight you will have hard feelings but it is a good idea to apologize soon. It is good to take some responsibility for the altercation and be genuinely sorry.

Stop Blaming Each Other

Spouses normally blame each other for everything that goes wrong with their marriage. But the blame game can get you nowhere and put you on the defensive. Avoid this misstep and ensure that you do not take your partner for granted. Mistakes in a marriage are rarely one-sided. So do not develop a for granted attitude towards your spouse; instead find ways to work around issues in your relationship and understand the space your spouse might need.

Seek Professional Help

You might understand certain steps on your own, but some only professionals can help you understand. They can tell you how doing fun things together, can also help your marriage. These activities can include going for a movie or a picnic. You can also go trekking, hiking or walking together. It is good not to dwell too much on the past but just concentrate on fixing the current situation.

Thus, getting professional help can help you strengthen your relationship with your partner. It is recommended that both of you, work at making the marriage work.

Crucial Things First-Time Homebuyers Forget that You Should Definitely Remember

A Professional House Inspector in AustraliaIt’s fairly easy to get swept up in the exhilaration of finally owning your first home, but take note that there are other critical things to plan first. Below are some crucial factors first-time homebuyers usually forget on their home-buying journey.

  • The Mortgage Pre-approval: This is important because it will tell you the amount that you’re qualified to borrow.
  • The Mortgage Insurance: This insurance is actually to safeguard your lender in case you default on your home loan. This is only required if you want to borrow more than 80% of the value of the home you’re eyeing. You could likewise consider making a larger down payment if you want to eliminate the mortgage insurance.
  • The Stamp Duty Tax: In Australia, you have to pay a percentage of the purchase of a property as you stamp duty tax. You must save at least 3% of your home’s sale price for covering this.
  • The Contract of Sale: Connollysuthers may agree that this is a vital document that makes the entire home buying process ‘real’ and completed. Because of this, you must have a conveyance or property law attorney review this contract, recommends a conveyancing solicitor in Townsville.
  • The Conveyancing Process: This is a crucial legal process between you and the seller that directly leads to a settlement. Consider seeking help from a conveyancer so that you will have ample help navigating through any issues that could arise in the process of transferring the home in your name.
  • The Statement of Adjustments: Before the actual settlement, your conveyancer will draft the statement of adjustments. Depending on the particular conditions of the sale, some of the expenses might still require adjustments.
  • The Professional Inspection: You can’t simply buy a home since you like how it looks and you think that everything’s in order. A professional inspection is crucial since the inspector will point out any issues that you might have missed.

Inexperience is the common denominator among first-time homebuyers. Taking the things in mind and planning for them will save you more time and money, and ensure that your home-buying experience will be positive and as smooth as possible.

Children’s Rights: How Courts Define a Parent’s Legal Responsibilities

Rights of Unwed Parents in New Mexico

Rights of Unwed Parents in New MexicoUnder New Mexico law, children born to parents who are not married to each other are deemed to belong to the mother. Fathers can take measures to ensure that their names are on the birth certificate or establish paternity by blood tests. An unmarried father has to legally establish that he is the father to get assert his rights.

Establishing Maternity or Paternity

To establish parental rights, a child’s mother or father has to file a petition. This is important because child support is awarded only when paternity or maternity is established. Law Office of Dorene A. Kuffer says it's important to get legal assistance to establish a parent's rights with the necessary paperwork. 

Joint Custody

Once the paperwork has been filed, both parties should agree and file a stipulated order, which establishes that the parties are the child’s parents. Laws in New Mexico assume that parents being involved in the child’s life and joint custody are the best for a child. This type of custody offers both parents the right to make legal decisions that impact a child’s education, health, and future. Joint custody doesn’t mean that the child splits time between parents. This is awarded at the judge’s discretion.

Child Support

This is one of the most contested items in divorce cases as well as those involving children of unwed parents. It is important to understand the relevant laws and ensure that parents and most of all, children are being treated fairly. Child support calculations are fairly straightforward and often, disputes arise based on what is included.

Child Custody

This is yet another hot button issue. Judges take the best interests of the child into consideration in making their decisions. In most cases, one parent has more time with the child than the other.

Experienced family law attorneys can help families through this difficult process, while taking the child’s needs into consideration.

Birth Injuries: Negligence During Delivery

Birth InjuryNegligence during childbirth or delivery can cause temporary or permanent injury to the infant. This is especially true if the chosen treatment or procedure by the doctor was inappropriate of if the physician failed to use proper care before or during the delivery. Preventable or avoidable injuries that happen during childbirth are an example of medical malpractice, in which victims can file a claim.

Common Injuries

Injuries associated with childbirth vary depending on the care provided by the attending physician. One common injury is cephalohematoma, which happens when blood gathers between the cranial bone and the skin. This may be due to vacuum extraction. Caput succedaneum or swelling of the baby’s scalp may also occur if there too much pressure on the baby’s head. Vacuum extraction or long headfirst delivery may cause this.

Lack of Oxygen Flow

When doctors fail to provide adequate flow of oxygen to the baby during delivery, the brain cells are negatively affected. This may lead developmental problems, brain damage, or other conditions like epilepsy. Cerebral palsy is also likely to occur due to lack of oxygen. Birth injury and cerebral palsy lawyers in Georgia note that these conditions will require frequent medical assistance to care and support the child.

Inappropriate Infant Handling

Erb’s palsy is likely to occur if the infant’s neck or shoulder stretched greatly during delivery. This nerve-related injury may cause numbness and weakness in the arms of the baby. Babies affected by Erb’s palsy will require surgery or physical delivery to see improvements in movement. The degree of medical care varies depending on the severity of the condition.

Infant Bone Fractures

Sometimes, bone fractures are unavoidable, but they can occur when the doctor failed to identify or address any complication. Doctors, who had an opportunity to spot complications, would have performed C-section delivery if deemed appropriate. Bone fractures in a newborn baby often occur in collarbone or clavicle.

For those who think that their child’s injury is a result of medical negligence, it is important to seek legal help. An experienced birth injury lawyer can help the victim prepare evidence and proof to prove negligence and get proper compensation.

Financial Mistakes in Divorce That Can Jeopardize Your Future

Financial Blunders in Divorce in Colorado SpringsCouples often treat divorce as an escape from the troubles of the present. For others, it’s a positive transition into a better, more satisfying life. Either way, the process is anything but fast and cheap. It generally results in a significant financial for all parties involved.

The advantages of divorce are pressing, but so are the risks. Whether you are the breadwinner, a stay-at-home parent, or a financial equal of your partner, the stakes can be high.

In your preparation for a divorce, it’s critical to know about all financial circumstances of your marriage, divorce lawyers from Gordon N. Shayne explain. This includes shared debts, like credit cards, loans, and mortgages. You should also have a list of all properties you and your partner own or have invested in, among other things. Or else, you’re at risk of committing these mistakes:

Not having an inventory of your assets

Financial experts stress the importance of knowing your family’s assets and liabilities. Draw up an inventory of valuable property, not just shared real estate, but also furniture, collectible items, cars and the like. Get access to tax returns, household bills, statements from investment and retirement accounts, and other important records.

Insisting on keeping the family house

It’s hard to give up the family home, especially if it comes with sentimental value, but fighting for it can make you lose money in the long run. It had taken the joint financial power of you and your partner to run the household – doing it on your own can be far too expensive. It can eat into your savings, drain your cash flow, and may only delay the inevitable relocation, which you should’ve done in the first place.

Failing to consider unexpected expenses

Beyond housing, think about other expenses, like clothes, food, health insurance, etc. All of these are affected by divorce, so make sure you can pay for them without any financial support from your ex-partner.

In divorce, one thing is certain: you will face unforeseen expenses. The ideal way to go about the process is knowing as much as you can, as early as you can.