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May 10, 2023 by MatadorAdmin

Benefits Of Hiring A Community Property Trust Lawyer

Community Property Trust Lawyer

Community property trust lawyers play a big role in helping individuals and couples in protecting their assets and planning for the future. These legal professionals possess specialized knowledge and expertise in the intricacies of community property laws, ensuring that their clients’ interests are safeguarded and their wishes are fulfilled.

A community property trust lawyer helps clients through the complexities of community property laws, which vary from jurisdiction to jurisdiction. They have a deep understanding of the legal framework governing the distribution of assets acquired during a marriage or domestic partnership. By leveraging their expertise, they help clients navigate the intricacies of community property regulations, ensuring that their assets are properly categorized and protected.

Key Responsibilities of a Community Property Trust Lawyer

One of the key responsibilities of a community property trust lawyer is to create and manage community property trusts. These trusts are legal arrangements that allow couples to maintain control over their assets while simultaneously enjoying the benefits of community property laws. By establishing a community property trust, individuals can dictate how their assets will be managed, divided, or transferred, both during their lifetime and after their passing.

When working with clients, community property trust lawyers from Carpenter & Lewis PLLC give personalized advice and guidance tailored to the unique circumstances and goals of each individual or couple. They assess their clients’ financial situations and help them create comprehensive estate plans that align with their objectives. This may involve drafting legal documents, such as wills, trusts, or powers of attorney, to ensure that the clients’ wishes are honored and their assets are distributed in accordance with their desires.

Besides asset protection and estate planning, community property trust lawyers also assist clients in navigating potential legal disputes. If a conflict arises regarding the ownership or distribution of community property, these legal professionals provide representation and advocacy in court proceedings. They try to protect their clients’ rights and interests, employing their expertise in community property laws to negotiate fair settlements or litigate cases, if necessary.

Community property trust lawyers stay updated on changes in legislation and court rulings that may impact their clients’ assets and estate plans. They constantly improve their knowledge and skills to provide the most accurate and up-to-date advice. By maintaining a deep understanding of the evolving legal landscape, they ensure that their clients’ plans remain valid and effective.

Beyond their technical expertise, community property trust lawyers also possess strong interpersonal skills. They understand the importance of building trust and maintaining open lines of communication with their clients. They listen attentively to their clients’ concerns, goals, and wishes, fostering a collaborative relationship based on mutual understanding and respect. This client-centered approach enables them to develop comprehensive legal strategies that reflect their clients’ best interests.

Community property trust lawyers play a vital role in helping individuals and couples protect their assets, plan for the future, and navigate the complexities of community property laws. With their specialized knowledge and expertise, they create and manage community property trusts, provide personalized advice, and represent clients in legal disputes.

May 6, 2023 by MatadorAdmin

I’m Not Old, Why Do I Need A Will?

Conceptual image of a man signing a last will and testament document.

Estate Planning Lawyer

You may have heard of a will and thought “This can wait, I don’t need to deal with it now ”, then don’t worry, you are not the only one! According to statistics from AARP, only 4 in 10 American adults have a will. While older adults appear to be the leading group to have a will, it is crucial for any adult to start estate planning in any emergency. Even though it is more common as people age for them to face thoughts of what would happen to their assets if they were to pass away, it is crucial for people who are younger as well.

Estate Planning Early

According to AARP, the main reasons people fail to tackle estate planning early on is because they have simply not gotten around to it or they do not have enough assets to leave to anyone. With this being said, settling an estate without a will makes it a more tedious process, and have to follow intestacy laws, these state that your assets will be distributed to your closest relatives. So if you are married and have children, this means that your community property will be divided equally between your surviving spouse and all of your descendants. During a difficult time, this can create stress for a surviving spouse having to live without their other half and dealing with their children and on top of that having to make decisions on your behalf since your wishes were not previously drafted. On the contrary, if you are not married at the time and have no children, it will be divided between your parents and/or siblings, depending on if the parents are deceased at the time the person has deceased. Estate Code 201.057 says that if we are dealing with half-siblings and full-blooded siblings, then half-siblings only qualify for only half of the share that a full-blooded relative is entitled to. However, if you only have half-siblings, then they get the full-blooded relative share. The Laws of Survivorship state that a relative must outlive you by a minimum of 120 hours in order to inherit under the laws of intestate succession. If someone were to pass away and then their sister passed away 98 hours after, they are considered predeceased and their estate can not inherit from their sibling’s estate. However, if the sister passed 150 hours after the deceased’s passing, their estate is entitled to their share.

This can raise issues since the living do not exactly what you want to do with your assets, which can lead to ways that were never anticipated or wanted and can cause hostility among your loved ones. If you have an estranged sibling or an illegitimate child, then this can lead to them gaining assets you never wanted them to inherit. Regardless of your status with them socially, under the law, they are considered your relatives, therefore, leaving them to be entitled to your assets. It is important for anyone to have a will, even if it is a piece of paper you have written on. A holographic will is only valid if it is written in your own handwriting and no one else can have written it nor can any part of it be typed. Although it is far more beneficial to have a will drafted by an attorney since you have to follow an exact format and include every part of an ordinary will which if you are not going by legal guidance can be difficult. A holographic will should only be used in more emergency situations and not a replacement for an official will that is curated with an estate planning lawyer.

No one likes to think about when they pass, but it is a natural stage of life that we all will eventually get to. It is crucial to get a will at any stage of your life to ensure that your assets are going to be properly handled when you are no longer here to handle them. Getting with an attorney from our friends at Brandy Austin Law Firm, PLLC. will help make sure your will is valid and ready to go for when that day arrives.

October 21, 2020 by MatadorAdmin

Loan Debt and Bankruptcy

When you are swimming in loan debt and are unsure of the best process for paying it off, a good bankruptcy lawyer you can trust will be able to answer your questions about the bankruptcy process and help you as you begin filing. If one of the debts you have is student loans, you are likely wondering how bankruptcy will affect your loans and what can be done when you owe a lot of money on them. Typically, if you have student loans, this is not something that you would be able to use bankruptcy to help get rid of. Like other types of special debts (such as child support), you will still need to keep up with these payments. That said, a good bankruptcy attorney knows that there may be an exception.

Is there any way to use bankruptcy to your advantage when it comes to student loans?

Yes, it is possible. In some circumstances, you may be able to discharge your student loans through bankruptcy if you are able to show undue hardship. Depending on the specific court that you go to, you may be able to get some or all of your student loan debts discharged. Some courts are more strict and require an “all or nothing” type of approach.

What is the Brunner Test?

If you have heard of the Brunner test then you know that this is one of the ways you may be able to discharge your student loans. However, it is imperative that you meet the three factors listed in the Brunner test in order to qualify.

You have no money. Because of the expenses you have and how much money you make, you are not able to maintain a standard of living that is sufficient and thus cannot repay your student loans.
Your situation won’t change. The current financial situation you are in is not likely to change during a large portion of your repayment period.
You have tried to make payments. Even during your time of hardship, you have tried to make payments on your student loans.

Although it can be difficult to discharge some or all of your student loans, it is still possible. When you work with a lawyer, like a Chapter 7 bankruptcy lawyer in Garland, TX from Allmand Law, he or she will listen to your situation and determine what the next best steps are. For more information on discharging student loans during the bankruptcy process, reach out to a trusted attorney today.

October 8, 2020 by MatadorAdmin

Some Examples of When You Can and Can’t File for Workers’ Compensation

Workers’ compensation is something that most workers in the United States are entitled to, though there are some exceptions. Domestic workers, seasonal employees, agricultural workers and independent contractors typically do not make the cut and do not receive workers’ comp. If you do fall in a category in which you should receive compensation after a workplace injury, it could help to understand what situations allow for it. The following are some examples of when you can and cannot file for workers’ compensation.

Lunch Break Injuries

Depending on the circumstances, you may or may not be able to file for workers’ comp benefits after being injured on your lunch break. For example:

If you were walking down the street to pick up a hoagie sandwich for your personal lunch, and were hit by a car, you would probably not be entitled to workers’ compensation.
If you were driving to the local grocery store to pick up items to stock the snack cupboard at work as an errand for your boss, and grabbed lunch while you were out, you could be entitled to workers’ compensation if you are injured in the process.

Injuries While Intoxicated

If you show up work intoxicated, it’s probably not going to go well for you. In addition to the chance you might lose your job, you might also get injured. These situations don’t typically qualify for workers’ compensation, though there are some that do. For example:

If you show up to work drunk, and your coworker punches you because you failed to do something you said you would, you might be entitled to workers’ compensation because the injury wasn’t a direct result of your drunkenness.
If you show up to work drunk and cut yourself with a saw because of being intoxicated, you might not be entitled to workers’ compensation.

Horseplay Injuries

Horseplay is often not tolerated in the workplace, which typically makes it a reason you can’t receive compensation. There are some cases in which you might. For example:

If you weren’t the one participating in horseplay, but you were injured by it, you could receive compensation.
If you instigated the horseplay, and your employer warned you to stop, you may not receive compensation for injuries sustained while goofing off.

Contacting a Lawyer

As you can see, not every situation is as black and white as it might seem when it comes to workers’ compensation. If you feel you’re entitled to coverage, contact a workers’ compensation lawyer in Buffalo, NY, like from Hurwitz, Whitcher & Molloy, Attorneys at Law, for help getting what you deserve.

October 4, 2020 by MatadorAdmin

Five Things To Remember if Your Bicycle Collides With a Motor Vehicle

Riding a bike comes with risks that can be minimized by wearing the proper protective gear and following the road rules. Unfortunately, you can do everything correctly and still be involved in an accident. If you have a collision with another moving vehicle, it is necessary to remember these five points.

1. Request an Ambulance

Although many people resist medical attention if they are conscious or don’t immediately experience pain or bleeding after an accident, this is a mistake. Always ask someone on the scene to call the police and an ambulance if you cannot do so yourself. If you wait too long to receive assistance, you may require complex treatment and have difficulty proving that the accident caused your condition.

2. Wait for the Police To Arrive

The police will fill out an accident report and help gather information regarding the motorist’s insurance. You may lose the opportunity to identify the motorist and file an insurance claim if you leave before the police arrive at the scene.

3. Don’t Speak to Others About the Accident

Bystanders will probably ask you about your condition or initiate a conversation about what transpired. It is in your best interest to avoid answering questions or making any statement about the incident because you may inadvertently say something that could be used against you if you decide to take legal action.

4. Get a Medical Report

When an ambulance arrives, don’t resist going to the hospital for a medical evaluation. Some injuries may not have immediate symptoms, but a medical doctor can perform tests to diagnose damage that cannot be seen or produces latent symptoms. It is necessary to get a written assessment from the attending doctor that includes a treatment plan to submit to the driver’s insurance company.

5. Don’t Negotiate With the Driver’s Insurer

The driver’s insurance company will contact you when it receives your accident claim. The insurer’s goal will be to convince you to settle for an amount that is probably significantly lower than you deserve. Although you may have mounting medical bills to consider, do not accept the insurer’s first settlement offer. You probably will not know the extent of your injuries or treatment for a while and may risk forfeiting substantial reimbursement by agreeing to settle too soon. Instead, refer all communications to a lawyer.

A Lawyer Can Always Help

Colliding with a motorist while riding a bike can leave you feeling frightened and uncertain of your rights. A bicycle injury lawyer in Canoga Park, CA, such as from Unidos Legales, can help you sort through your options and begin your recovery.