[12 May 2013 | No Comment | ]
What Happens to Your Property If You Do Not Have a Will?

A last will and testament is a very important part of your estate. Your will provides specific instructions on your wishes as to who gets your property upon your death. If you do not have a last will and testament, the state is responsible for distributing your property and each state has a different set of rules regarding intestate succession.

Your state will use its own governing laws to determine which of your beneficiaries will receive what portion of your property. Some states may have different intestate succession laws and may use different formulas to determine where your property should go. If you are married, some states will automatically grant your estate to your surviving spouse while other states may give your spouse only a portion of your property and then distribute your remaining assets to your children. Again, these rules vary by state so it is important to learn more about the laws where you live when you begin planning your estate.

If you do not have heirs who are eligible to receive your property through your state’s intestate succession or if your state cannot locate your heirs, your property will simply revert to the state in which you live. In some areas, your second cousin may be as far down the line as the state will allow for intestate succession. In others however, relatives as distant as a fifth or sixth cousin may be eligible to your estate. Again, it is essential that you know the laws in your state so that you know what will happen to your property should you pass away without a last will and testament.

An estate planning attorney will be able to help you to determine where your property will go upon your death. It is always a good idea to plan for the future and having a will is a good part of that plan. This will ensure that your family will not have to wait for the state to determine what should happen to your assets. Having a will is a good way to protect your family and your property. If however, …

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[21 Feb 2013 | No Comment | ]

A mechanic’s lien is technically a hold that is placed on property when you owe money to someone. If for instance, you hire a contractor to build a home and you neglect to pay that contractor, he or she can take a mechanics’ lien against your home until the debt is paid. In many states, a mechanics’ lien can cost you the property in question if an amicable solution is not found.

Typically, when a home is sold, the mechanics’ liens must be paid before anyone else. In some states, unpaid property taxes are paid first, followed by the mechanics’ lien. Even in cases of foreclosure, when the home is sold the lien is paid before the bank can take out what is actually owed against the property. The actual value of the lien is determined by the price of the debt that is owed or by the reasonable value and is often the lesser of the two. In some states, a mechanics’ lien can force foreclosure if not paid.

There are a few things that you can do if you are in jeopardy of losing your property due to a mechanics’ lien. First, the lien has to be properly recorded within a specified time period. All states are different so you should check the guidelines for your state to see how long the contractor has to file the lien. The claim has to be written and must contain information that is necessary to record the lien. Again, all states are different so it is a good idea to learn about the guidelines in your specific area.

There is a time period that the claimant must meet regarding notice. You are entitled to receive notice of the lien in a reasonable period of time before any further legal action can be taken. In some states, this time period is 20 days after the work has been completed before a lien can be filed. After the lien has been filed, you have a specified period of time to answer the claim.

Mechanics’ liens that are properly filed will stay on the property until the …

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[19 Feb 2013 | No Comment | ]

If you have suffered an injury because of an accident or neglect by another party, you may wonder about your options. Anytime a personal injury has occurred, it is essential that you get in contact with an experienced law firm. A firm that specializes in personal injury cases will be better prepared to help you to file the appropriate papers and ensure that you seek the proper amount of compensation for your injuries. Experienced firms will be able to tell you about personal injury case studies and help you to understand your chances of actually winning compensation for your injuries.

You should first seek the appropriate medical attention. You need to ensure that your health is protected and this should be a top priority. While you can certainly contact an attorney while you are receiving medical care if needed, you should attempt to at least get yourself or your loved one to a medical facility for evaluation of the injuries before you contact your attorney. You want to be completely certain that there are no serious underlying injuries of which you are not aware.

Once you have received the appropriate medical care, you should contact your personal injury attorney. Tell your attorney what happened and how. Explain your injuries and find out what you need to do to pursue your case. Remember that you must have clear timelines of the incident so sit down and write down everything that happened. Make sure that you have included dates and times and as many specific details as you can. Your attorney can help you to make a list of the timeline and tell you what else you need to do in order to begin your lawsuit.

You will need to work with your attorney to gather evidence to support your case. This can be anything from actual documentation of the incident to pictures or other evidence. Your attorney will help you to better understand what can be used to prove your case. You should provide medical documentation to show the extent of your injuries as well and be sure that you record your road …

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[18 Feb 2013 | No Comment | ]

Website owners are often held liable for the things posed on their websites. Because they own the site, they are seen as allowing other posts to be viewable by the public. This includes things that the site owner writes or posts personally as well as anything that another poster may put on that site.

Anytime that you allow other users to post content on your website, it is your responsibility to monitor that content and ensure that it is not violating any laws or regulations. It is essential that you have your website set up so that users must accept your terms and conditions before they are allowed to post. If for instance, you have a blog that you allow users to post comments on or you allow guest posts on your blog, you need to ensure that the content being posted falls within the appropriate guidelines.

When you require that users agree to terms and conditions it basically indemnifies you and frees you from responsibility for any posts that can cause issues regarding copyright infringement, defamation and other legal liabilities. Even with your terms and conditions however, you are still somewhat responsible for ensuring that the content on your website is not leaving you open to liabilities.

You cannot simply have a disclaimer that states that you are not responsible for the content on your site. You are liable for content that is posted on your website as its owner and in many cases, you can be sued or penalized when that content breaches certain liabilities. You should monitor your website on a regular basis to ensure that none of your content is breaching any laws or regulations.

If your site involves selling services or products for others, such as in the cases of affiliate sites, you could also be held responsible for any misrepresentation of those products or services. If a product for instance breaches warranty or consumer production laws then you could be held liable. You have to ensure that you enforce responsibility for advertisements from your advertisers. In other words, ensure that you have alerted them that they …

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[2 Feb 2013 | No Comment | ]

If you are facing prison time due to a conviction, there are things that you should know about the appeals process. Anyone who has ever watched crime dramas on television may have a basic understanding of how appellate courts work. If you are facing time in jail however, it is important that you have more than just basic knowledge of the appeals process.

When a party is not satisfied with the decision of the court after a trial, that party has the right to appeal the court’s decision to a higher court. This higher court is the appellate court. The appellate court is responsible for reviewing the decision of the original court and determining if that decision will stand. If the defense or the prosecution feels that the court’s decision was wrong, they can take this decision to the appellate court and attempt to get that decision overturned.

Defendants in criminal cases are permitted to appeal the court’s decision and to try to convince the appellate court of their innocence. The prosecution is not permitted to appeal criminal cases when the defendant is found innocent as this violates the Fifth Amendment pertaining to double jeopardy. The appellate court will examine the case and ensure that all rules of law were followed properly. Instead of actually determining whether they feel a defendant is guilty or innocent, this court simply reviews the original court case to see that all rules were followed and to ensure that no serious legal errors were committed during the trial.

If an error is found, this could be grounds for the verdict to be reversed which in most cases would free the defendant from all charges. If you were convicted of a crime and you feel that your case was not handled properly, it is well within your rights to retain an attorney and file an appeal to see if you can get your verdict overturned.

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[26 Jan 2013 | No Comment | ]

Estate planning is an issue that affects many people. Unfortunately, most have no idea of how to go about securing the financial future of their families and never properly plan for that future. If you have ever thought of drafting a will and planning for where your property will go upon your death, an estate attorney can help you to ensure that all of your affairs are in order.

Estate planning simply ensures that all of your assets go to the people whom you want to have them. For instance, if you own more than one home and you want each of those homes to go to certain people in your life, estate planning will ensure that all of the arrangements are made for this while you are still living so that after you are gone, the transfer of those properties will go smoothly.

You have certainly heard horror stories of families fighting for the assets of a loved one after their death. This can completely be avoided when you plan appropriately for the future. An attorney can help you to distribute your assets to your loved ones and ensure that everything is legal and binding so that there will be no conflict after your death.

You will need to ensure that you select a trustworthy attorney to assist you in planning your estate and preferably one that has a bit of experience in these types of tasks. Your attorney will help you to plan out your last will and testament and ensure that your wishes are carried out upon your death. Most people prefer not to discuss death and many fail to plan appropriately for the future of their families. By drafting a will and properly planning today, you can ensure that your family is well cared for in the future.