Monday, January 26, 2015

Advance Directives: A Need for All Ages



Emergencies or a health care crisis can happen at any time, and the time to think about how you would want your medical care is now.

Sunday, January 25, 2015

Saturday, January 24, 2015

Friday, January 23, 2015

Thursday, January 22, 2015

Living Wills Review: Five Reasons Why You Must Have A Living Will

Living wills and advance directives have lately become the hot topic of discussion with the case of the brain-dead pregnant women in Texas going to the courts to decide. While her individual rights versus Texas state law makes for a heated debate, the real question for most Americans and Canadians should be 'What happens if you don't have a living will and the unthinkable happens?'

Every year, thousands of people have an unfortunate accident that leaves them in an incapacitated state. This is where a living will comes into play. A living will, which can also be known as an advance health care directive or advance directive, is a set of instructions given by you, allowing for what types of medical intervention and treatment you would like to receive, if you are in a state of mind where you cannot make decisions for yourself. If you don't have a living will, you leave these decisions to someone else. So, there by itself, is the number one reason for having a living will. Now let's break down the other 4 major reasons why you should have a living will:

2. Avoid Family Fighting. Imagine what not having a living will could do to your family. If you haven't made the medical decisions that are usually addressed in a living will, depending on your state or province, often times it is left up to your family to make these pain staking decisions for you. Imagine your spouse having to decide whether or not to keep you on life support. Now imagine your mother, or brother, disagreeing with their decision. The emotional toll this can take on a family could be devastating. The case of Terri Schvaio often comes to mind. Back in 1990 she collapsed and fell into a coma for more than two months, and then was declared to be in a vegetative state. Years later, her husband made the decision, against her parents' wishes, to have her removed from a feeding tube. The argument went on for seven years. You can imagine the emotional toll your family would suffer in a similar situation.

3. The Medical Costs. In some cases when a person is incapacitated, the prolonged period of keeping a patient alive can outlast the medical insurance, leaving the extra costs to be paid by the patient's estate. Many times, when the decision is made by the spouse, or other family member, to artificially extend one's life, the medical costs involved can cause an extreme financial burden. It is not unheard of for families to end up losing everything because of this. If you were incapacitated, could you imagine your family losing their home, or possibly facing medical bankruptcy?

4. The Legal Costs. All it takes is for two family members to disagree and here comes the lawyers. This happens in many cases, like Terri Schvaio's, where lawyers for the disagreeing parties spend weeks, months, and even years, arguing for their side, all the while the costs are adding up. And eventually someone will have to pay those bills. Imagine the life insurance you left to protect your family, ending up in the hands of attorneys, all because no one knew what your wishes were. These situations happen all too often. You having a living will can avoid a catastrophe like this.

5. Peace of Mind. Simply put, when you have a living will, you are more likely to have the peace of mind of knowing that your wishes will be known, and that family members won't have to fret over whether or not they made the right decision. It is perhaps one of the most responsible, unselfish acts you can take by keeping the heart wrenching decisions out of the hands of your loved ones. If the unthinkable were to happen to you, there would be no reason to compound your family's suffering.

Now that you have the five major reasons to get your living will, you have to decide what to include in it. There are many points to consider, like if you should appoint a medical power of attorney (POA), where you would designate someone you trust to make decisions that may not have been covered in your living will, or adding a 'do not resuscitate' directive. These are some of the many items you will want to discuss with your family. Also consult your attorney for advice on your state's laws when drafting a living will.

I heard it said that having a will is like writing a final love letter to your loved ones to assure they get everything you want them to have. When you think of it in these terms, a living will would be an extension of that love letter, preventing unnecessary pain and hardships for your family, just in case you were to experience an incapacitated state for any length of time.

Gerard Cassagnol is a professional writer and has written several articles on legal issues of the day. He is an advocate for affordable legal representation and coverage in the USA and Canada. He has had a legal plan membership for over 15 years, and is now a marketer of legal plans and identity theft plans for individuals, families, and small businesses.
For more information about Individual and Family Legal Protection, please go to FREE Insider Report on Legal Protection
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Wednesday, January 21, 2015

Estate Planning : Do You Always Have to Probate a Will?



If the deceased has assets with deeds, a will most likely will not avoid probate. Strengthen your understanding of probate court with an estate planning and probate lawyer in this free video on estate law.

Tuesday, January 20, 2015

By The People Commercial



We're a legal document assistance company, and basically that means we help people do their own documents. The main two services we provide are living trusts and divorce. So what we pride ourselves is going above and beyond for each and every one of our customers. Whether that means sometimes going to the house and doing a home visit for home bound people who need that service. Sometimes its a notary, sometimes it's a living trust. We work with everybody. If you have a legal need, we're going to be here to help you.

Part of the Free Commercial Push by A Squared. Published online only.

Monday, January 19, 2015

DIVORCE !!! Easier than you think? - By The People Fairfield CA



Rene goes over how a divorce does not always need to involve a full legal team. He explains the process of how By The People can help file the paperwork necessary for the courts. See more at http://www.bythepeopleca.com

Sunday, January 18, 2015

Conservatorship Information



A conservatorship is a court proceeding that grants one or more people the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.

A conservatorship can be over the person, the estate, or both. The person appointed by the court to make decisions is called the conservator, and the person about whom decisions will be made is called the conservatee.

Conservators are generally family members or a professional conservatorship company and in some cases, the Public Guardian's office may be appointed. Regardless of who the conservator is, their duty is to act solely in the best interests of the conservatee. To insure this, court evaluation, supervision and monitoring of the conservatorship is established.

Saturday, January 17, 2015

An Overview of a Quit Claim Deed

The deed to a property is a legal document that establishes ownership. There are different types of deeds. Here is an overview of a quit claim deed.

An Overview of a Quit Claim Deed

Quit claim deeds are a form of deed used in the transfer or sale of property when a grantor, a person who owns an interest in the property, is essentially allowing the transfer of that property to another person. The grantors do not actually own the property but rather simply have responsibility over it. For this reason, grantors have the legal right to sell the property but there is a catch.

The quit claim deed offers little protection for buyers down the road. Although the property will be transferred to the grantee from the grantor, the quit claim deed does not legally protect the grantee from future claims to the property. The grantor does not legally own the property and so that leaves a back door open for potential future problems regarding the property.

Quit claim deeds are often used in a couple situations due to their relative simplicity compared to many of the other forms that have to be filed during property transfer and/or sales. One, the quit claim deed is used to clear up a title. And two, quit claim deeds are effective for those who want to use a simplistic method for giving up their interests in a certain property.

When used in a sale of a property, quit claim deeds can result in significant risk to the buyers of the property. However, quit claim deeds still have other uses that are very beneficial. For instance, in the case where there are multiple people who have claims to a home, such as when a relative passes away, a quit claim deed is an effective way of one of these people to legally transfer their interests in the home to another person. A divorce can create a similar situation, making the quit claim deed very useful.

It is important to be smart about which form of deed you will be using and signing whether you are a seller or a buyer. Know what the potential risks are and the protections that are being offered by the deed so as to better be prepared.

Raynor James is with the site - FSBOAmerica.org - FSBO homes for sale by owner.
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