Monday, October 20, 2014

Living Will Or Advance Directive

A Living Will, is basically a legal document that describes the preferences of an individual, if he/she is unable to communicate properly, in case of terminal illness or other reasons like getting incapacitated, being in consistent state of coma, unconsciousness, and incapability to respond to the worldly events. An individual in condition of terminal illness, can clearly specify his/her desire to go for a medical treatment or not in the living will. A living Will can not be considered as a Will or a Testament and can not replace it at any point of time. Both Living Will and Will constitute a comprehensive estate plan.

Once a living will is drafted, it should be kept safe, and made known to the concerned medical and legal authorities. One can also chose a person, in the living will, to act as his/her representative for any specific kind of decisions on the individual's behalf. A Living will is also called an Advance Directive.

The Advantages of a Living Will

The most important advantage, a living will provides is the assurance of the unhindered execution of certain actions, an individual wishes to get done. Once a living will is drafted and signed off, the statements are guaranteed to be carried on, as per their design, irrespective of the individual's physical state. Another major advantage Living will serves, is the possibility of a healthy and appropriate resolution to any dispute, regarding the property or other issues that may crop up among the subject's family, friends and close relatives.

A Living will is extremely facilitative, when the patient's burdens of treatment gets more overwhelming than the benefits it offers. Living wills assures that your doctors and physicians conform to your wishes and requirements, if you are not able to convey this to them. In most of the cases, doctors do what they think is right and needful. It is of significant importance that an individual lets his wishes indubitably acknowledged by everyone, because if he/she is incapable to express, as to whether he would like to stay alive by artificial means or medical support and suffer beyond tolerance, or rather prefer dying in peace, the law and medical practitioners would always try to assist as much as they can to make the person live. One can alter and update the course of actions in their living will if they can determine this, by thinking about such things much in advance.

Once a living will is prepared, designed and signed off, the law is bound to follow the instructions as per decided by the living will. In case a living will (or advanced directive) has been executed for the patient, the medical institutions taking care of the patient must always properly document and record this in his history. There are several regulations determined by the local laws that govern the living will and its execution. All the Health care institutions and organization must comply to these regulations.

Living will is very substantial in the situations regarding health care, mostly for unpredictable cases like accident etc. It is advisable that everyone must prepare in advance to such situations, and have an updated living will with them.

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Saturday, October 18, 2014

What Is Probate Law and How Does It Affect You Today?

Have you made your will official yet? It is not pleasant to talk about, but death will inevitably take us all at some point in our lives. Having an officially recognized will ensures that your estate goes to the people that you want it to when you pass away. The simplest definition of probate is 'the official proving of a will'. The laws of probate can be overwhelming at times, especially when emotions are still raw. It does serve its purpose however as not having a will (in-estate) makes the procedures a lot trickier and the results which can take months may not be what stakeholders deem right.

When a will is filed with the courts, the process for probate varies from country to country, even city to city. However the basic process is someone close to the deceased approaches the courts to act as 'executor', once the executor is established the process starts by collecting all assets and getting a value for the total. Once debts have been paid, the remaining assets can be distributed as per the will before the probate process is formally closed.

The Executioner

The executioner is usually the closest person to the deceased (wife, daughter, father etc.) or a close friend.

Probate affects you today in two ways. As someone who files a will and as a person nominated to be the executioner of a will.

Writing Your Will

Writing a will may seem like a death wish, it is something no one wants to ever think about however there is an incentive. You likely have worked hard for what you have acquired in life and would like your estate to be distributed as you see fit according to your values and wishes. It is also to protect your family, pre nuptial agreements may appear to only be agreed to when a high profile celebrity gets married, or someone wealthy but they are doing it for the same reasons as a will. The subject of money makes people act in irrational ways to protect themselves. Family members may lay claim that they should get everything, while others believe it should be theirs. It is not a nice situation for all involved. By writing your will now, you ensure that these disagreements can be solved by simply reading your official legal will.

As The Executioner

As the writer of the will, you will normally want to tell the person who you are leaving in charge of your estate should tragedy strike. It isn't the easiest conversation to begin, but knowing you have someone you trust can put your mind at ease. When someone brings up the subject with you, there is no set way to react. Simply listening to their requests is best, do not try and influence them either way. If you are unsure of anything though, do ask. Documenting everything possible is the safest option as emotions may get in the way of what was truly requested. In a perfect world there will be many, many years to you put everything in place exactly the way you wish. Make it a common practice to revisit the will every couple of years, to verify that it fits how you feel at that time.

Probate is something most people will deal with from both sides as the executioner and the writer of the will in their lifetime. Having a will ready so that the probate law process can be handled appropriately by all parties is law that should be taken seriously.

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Friday, October 17, 2014

Do Not Resuscitate (DNR) vs. Living Will



Do Not Resuscitate (DNR) order covers two types of emergencies: when your heart stops beat or you stop breathing. Living wills covers almost all types of life-prolonging treatments and procedures.

Thursday, October 16, 2014

Costs of Incorporating or Forming an LLC

The decision to form an LLC or incorporate can help you protect your personal assets from debts and obligations of your business. Unfortunately, many small business owners avoid taking this step because they assume it is too expensive. For a few hundred dollars, these small business owners could form an LLC and gain valuable protection that could one day protect them in case of lawsuit.

Incorporating or forming a limited liability company is not necessarily expensive. There are many entities to choose from, as well as states, each with their own costs. You can also choose to work with an attorney to incorporate your business, which is typically the most costly option. If you want to save money, you can do your own incorporation, but this can be tricky because even simple paperwork mistakes can cost you more later. For many small business owners, the best option is using a corporate service company, which is an affordable option to make sure your paperwork is correct and filed promptly with the state.

The following are expected costs if you are ready to incorporate.

Filing Fees

A filing fee is necessary to create an LLC or corporation. The exact fee will depend on the state in which you incorporate, but it usually ranges between $50 and $350. The cheapest option is forming a Delaware LLC, as the state has the lowest filing fee in the United States. Just remember that cost is not your only consideration, and Delaware incorporation may not be in your best interest.

Publication Fees

If you will incorporate in Pennsylvania, Arizona, Georgia or Nebraska, you will need to pay a publication fee of $150 to $300.

Annual Report Fees

This fee usually ranges from $25 to $200 and depends on your state of incorporation.

Franchise Taxes

This fee will be ongoing and paid every year. Most small businesses pay between $800 and $1,000, and there is usually a minimum and maximum amount of taxes you will pay depending on the entity type you choose and the number of shares you issue. For example, the franchise tax in Delaware is a minimum of $350 but may be as high as $180,000 for large corporations. Delaware has the lowest franchise taxes in the country.

Other Costs

You should also take into account other fees that depend on the type of business you operate. For example, you may incur costs to obtain necessary business licenses or set up a business bank account.

If you are interested in incorporating or forming an LLC with as little cost as possible, start by considering the state in which you will incorporate. You do not need to operate in the state you choose, but it may be more affordable to choose your home state if it is the only state in which you operate. If you are thinking about another state, look at their tax rate and compare it to your own.

It can also help to go over your options with a corporate services company or attorney to choose the right business structure. This decision should be made not only considering incorporation costs but also tax advantages, ongoing maintenance, formalities and ownership structure.

Christine writes for USA Corporate Services, Inc, a corporate services company that helps small business owners take the next step to incorporate. Learn more here.
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Wednesday, October 15, 2014

Advance Directives And End Of Life Expenses

Few if anyone would disagree with the ethical premise that a society should do everything possible to make sick people well. But this ethos seems to have gotten confused with something entirely different: the practice of keeping dying people alive as long as possible without concern for their discomfort, loss of dignity, and financial ruin. When you look at the statistics surrounding the issue of end-of-life expenditures they are truly incredible. In 2008 Medicare alone paid out $50 billion to physicians and medical centers to cover costs associated with the last two months of the lives of dying individuals. To put this into perspective, this was more than the annual budget that was allotted to the Department of Education at that time.

It is estimated that between 18-20% of people who pass away each year do so in the intensive care units of hospitals, and the cost for each day in ICU can reach as much as $10,000. This is in spite of the fact that most people polled do not want to be kept alive through aggressive and intrusive medical procedures when there is no hope for recovery. 75% of American die in hospitals or nursing homes, and in 2010 the average cost for a year in a private room in a nursing home was around $83,000. More people are living longer these days as we all know, these costs are rising all the time, and we are already faced with a federal budget deficit that exceeds $1 trillion.

How you feel about being kept alive through feeding tubes and life support systems at the end of your life is a personal decision. You can state your wishes concerning the types of medical procedures you approve and disapprove of through the execution of a living will, and you can add a health care proxy to name someone to make decisions for you in the event of your incapacitation. It may be a good idea to come to terms with the line that exists between medical issues and end-of-life issues and decide how you would like to proceed from a fully informed and personally empowered perspective.

Alan L. Augulis is a leading provider of expert estate planning guidance in Warren, NJ. For more information on advance directives and other estate planning services, visit our website.
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Tuesday, October 14, 2014

Top 10 Reasons For Criminal Record Expungement

If you're one of the millions of Americans with a criminal record, you've likely experienced a few hardships as a result. There are countless difficulties that can arise if your background isn't spotless and most of those affected have yet to realize the scale of their disabilities. Below are the top ten reasons to apply for expungement of your criminal record. Expungement can relieve the burden and restore hope that has faded with the "life sentence" that can come with mistakes made long ago.

1. Employment

- Employers often deny jobs to applicants with a criminal background.

- Some states even allow employers to terminate current employees if they are found to have had a conviction

2. Education

- The Higher Education Act of 1998 makes students convicted of drug related offenses ineligible for any grant, loan or work assistance.

- Having a criminal record may prevent you from attending the college of your choice or disqualify you from certain graduate programs

3. Housing

- Private landlords can legally deny housing to someone with convictions.

4. Loans

- Having a criminal record may make you ineligible for a loan or result in higher interest rates

- Certain offenses can eliminate the possibility of a student receiving financial aid

5. Licensing & Certifications

- Convictions can prevent you from obtaining state licenses and certifications.

- Over half the states in the U.S. have no standards governing the relevance of an applicant's conviction records for occupational licenses.


6. Insurance Rates
- High insurance premiums may result if a criminal background is found.

- Specific offenses may deem you "uninsurable" or "high risk."


7. Firearm Rights
- Hunting rights may be limited to archery or muzzle loaders.

- Convictions can greatly restrict gun ownership.


8. Federal Assistance
- Several states ban people with convictions from being eligible for federally funded public assistance and food stamps.

- Many public housing authorities deny eligibility for federally assisted housing based on an arrest that never led to a conviction.


9. Adoption
- Fifteen states ban people with a criminal background from becoming an adoptive or foster parent.


10. Volunteering
- Nearly all volunteer positions involving youth require a clean criminal history.

Check your criminal record expungement [http://www.shredmyrecord.com] eligibility for Free at [http://www.shredmyrecord.com] You may reprint this article free of charge in your newsletter, magazine, or on your website, provided the article is unedited and that the author's information appears with each article. Articles appearing on the web must provide an active hyperlink to the author's web site, ShredMyRecord.com.
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Monday, October 13, 2014

LLC Information: The Basics of a Limited Liability Company

You will find a lot of LLC information on the Internet about the limited liability company. This legal entity has become the most common and popular of all other choices because it was specifically created to be the most flexible entity available.

As a result, it can be used for small business, real estate, holding and managing any property, family and estate planning, and joint ventures. One can be really simple such as for a single owner small business or an LLC can be used to handle very large and complex activities. For example, Fidelity Investments is an LLC which is owned by many owners and manages billions of dollars of assets.

This Article covers the basic attributes of this amazing legal vehicle.

CREATED BY LAW ONLY

A Limited Liability Company is a separate and distinct legal person that is created at the state level. It is only formed once a state has acknowledged its existence.

And, in order for a state to establish one, there must be a document filing made by an organizer. The filing is usually called the Articles of Organization and it must strictly comply with the requirements of a state. Each state has its own set of requirements and disclosures and fees.

PERSONAL LIABILITY PROTECTION

Once formed, an LLC provides its owners with legally endorsed personal limited liability protection from the entity's debts and obligations. This feature is similar to the corporation.

If you are worried about personal exposure to law suits arising from your business, you should form a limited liability company. For example, you open a store-front business that deals with the public directly, you may worry that the commercial liability insurance you have might not fully protect your personal assets from potential slip-and-fall lawsuits or even claims by suppliers for unpaid bills. Running your business as a Limited Liability Company will give some protection against and other claims against your business.

PASS THROUGH TAXATION

If the entity is owned by just one member, then there is no added tax complexity. The income generated by the LLC is passed through to the single owner and reported on his or her personal return. Even if it is owned by multiple members, profits and losses are normally passed through the owners as if it were a partnership. But unlike a general partnership, on owners are subject to personal liability because of ownership.

This tax benefit is a significant one. The corporation, another alternative, offers the same personal asset protection but is subject to what is known as double taxation. While there is an option for elect for a corporation to be taxed as a pass through (single layer), there are quite a few requirements and restrictions. With the LLC, your entity will automatically qualify for the best tax treatment.

SIMPLE TO MANAGE AND OPERATE

Another great feature is that you can tailor the management and ownership structure of a limited liability company to suit your needs. There are very little legal mandates and this makes it easier for anyone to use one to meet their specific purposes.

For more LLC information and to get more details about forming an LLC, governance, operations, taxation and other related subjects, you can click here and search the LLC Answers database, a comprehensive collection of commonly asked questions and answers about the limited liability company: LLC Answers Site
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Sunday, October 12, 2014

Benefits of an LLC For Rental Property Owners

Rental property owners are entrepreneurs. And as entrepreneurs, their primary goal is to maximize profit. One of the most basic steps in maximizing profit is to minimize costs and other liabilities. Recently, the up and coming trend of protecting one's personal assets from the liabilities of a rental business is to set up an LLC over the rental properties. With this LLC, the rental property owner's personal property, like home, car and other assets, are protected from the unpredictable demands of owning rental property. There are also other benefits of an LLC for rental property owners.

Personal property protection

First of, what is an LLC? LLC stands for Limited Liability Company. Without the LLC, business owners are liable for damages and other losses from their business even with their own personal assets.

To illustrate, a sole-proprietor will have to pay for anything and everything that deals with his business out of his own pockets. He can never interpose that his business is bankrupt when he still maintains a personal bank account, his own car and his own home. His personal assets will have to answer for the deficiency. Corporate shareholders do not have this problem because they are protected by the law on corporations that shareholders are only liable for losses out of their corporate shares, hence, their personal property is protected and remains untouched by any corporate liability. The downside of forming a corporation though is that the process itself is meticulous and profits will have to be shared with a handful of shareholders.

LLC combines the ease of being a sole-proprietor with the potential of earning huge profits all by yourself and the protection to personal assets that corporations offer. Personal property protection is the most basic and primary of the benefits of an LLC for rental property owners.

Tax advantages

Another of the benefits of an LLC for rental property owners is the tax advantages. Has even better tax treatment than when in a corporation. A corporate shareholder in essence will have to pay taxes twice. First, when the corporation itself pays its taxes, and second when the shareholder has to pay his own tax from the income derived from the corporation. An LLC is not taxed as a separate entity. The property owner will only have to pay his taxes once, upon his receipt of the income from the rental property. Also, the net loss in the LLC can be declared as a personal deduction for the property owner!

Be a professional by name

Real estate laws require one to spend a certain number of hours in real estate activities to be called as professionals in the real estate industry. But being in an LLC, these requirements are cut in as much as half!

An LLC may be obtained for separate properties

Another of the great benefits of an LLC for rental property owners is that a different or separate LLC may be obtained for each and every property. Why is this beneficial? Because when an investment is sued covered by an LLC, all the properties belonging to that LLC will stand liable for the suit. Covering separate properties with separate LLCs will only make the specific property or investment liable for the claim it is sued for.

These are only the basic benefits of an LLC for rental property owners. And these are already enough to convince any serious business-minded property owner, what would a more detailed study of the benefits do? Start protecting your own personal property and increasing your profits all in the same time. Get an LLC now!

North New England [http://northnewenglandhomes.com/] Homes Blog and North New England Homes can offer you a whole deal of information about the real estate market. Whether you want to sell your house, buy a property or rent one, getting all the information that you need will give you a great advantage.
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Saturday, October 11, 2014

Do Uncontested Divorce Forms Make Things Easier For You?

Marriage is a beautiful relationship of care, love and intimacy where both parties work towards the betterment of each other. When couples decide to marry, they obviously do not intend the marriage to end in a divorce. However, it is sad that many couples find that they simply cannot continue living together and must break apart. The emotional stress apart, the legal aspect of filing divorce papers can also be very intense and overwhelming. Uncontested divorce forms can make things lot easier if both parties are on the same platform.

Technically, you have the right to contest a divorce but you can also opt for an uncontested divorce if you want to save yourself the trouble of a long drawn out legal process and exposing yourself to scrutiny. The fact is that when you contest the divorce papers filed by your spouse, you will be grilled in court and believe it or not, it is not going to be a pleasant experience at all.

Divorce applications are defined as either at-fault or no-fault divorce. The law allows that you can file divorce papers simply on the basis of incompatibility and irreconcilable differences without providing grounds (reasons or faults) for filing divorce. Of course, if you choose to you can allege faults but you have to prove them in court.

Regardless of which type of divorce you choose, it depends upon you whether you wish to contest it or not. Uncontested divorce may be filed through uncontested divorce forms, a simple procedure that covers all the issues related to a divorce. You can file uncontested divorce forms on your own or let an attorney file divorce papers on your behalf.

Considering the fact that nearly 50% of the marriages in USA end up in a divorce, the law has made it easier for married couples by providing an option of filing divorce papers by completing simple but extensive uncontested divorce forms on their own.

In the event you decide to contest a divorce you have to be prepared for it. Contested divorce means that you need to be ready for attacks from all sides. It is a long and complex process of discovery. It involves formal systematic questioning, a process known as the interrogatory. Each party has to send a long list of questions through an attorney and the other has to answer under oath.

The interrogatory includes questions regarding your finances, properties held singly or jointly regardless of whether they were acquired before or during the marriage, all assets and sources of income, debts and any other financial matter. Each claim and counter claim is keenly contested with and attorneys from either side may ask for documentary evidence in support of each and every declaration made in the divorce papers.

This is followed by a process known as Deposition a pretrial interrogation where you and one or more witness are required to answer questions under oath. This is usually conducted in a lawyer's office. The case is then argued in court where the primary aim of the lawyers is to develop on the loopholes identified in the other party's claim and negotiate a better deal for their clients.

Uncontested divorce is a simple procedure involving filing divorce papers through uncontested divorce forms. The precondition to filing divorce of this type is that both parties should have agreed on all issues. In an uncontested divorce it is important that all issues are settled one to one. If that is not

Sharon Peppers has first hand experience with Divorce and filing filing divorce papers [http://uncontesteddivorceforms.org]. She shares the details of the process and gives tips and strategies to help you get through it and get on with your life. To here more about uncontested divorce forms [http://uncontesteddivorceforms.org/uncontested-divorce-forms-2/are-uncontested-divorce-forms-right-for-me/] and other aspects of divorce visit her blog.
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