February 22, 2013

What is a Testamentary Trust?

There are many different types of trusts that are created for a wide variety of purposes. One of the most common trusts is a Testamentary Trust which is typically set up for a young child, a relative with a disability, or any other person who inherits a large sum of money upon the death of a testator. This type of trust is commonly contained in a will which provides how the estate or part of an estate is to be […]
February 20, 2013

What is a Special Needs Trust?

When an individual creates a trust it is a legal document which contains specific instructions regarding how resources are distributed and/or managed. The Grantor is the person who establishes the trust; the Beneficiary is the person for whom the trust was created and they will receive the benefit of the trust. When the Grantor draws up a trust they will also appoint a Trustee who will manage and distribute the funds to benefit the Beneficiary. There are many ways that […]
February 19, 2013

Types of Trusts

Trusts are all very similar in nature whether they are created to protect assets, develop estate planning, or provide private benefits. However, trusts do not have to deal with the same type of property and they are not all created for the same purpose or in the same manner. There are many different types of trusts that can be created partly because of the wide variety of purposes and individual needs. A trust can be created by almost anyone and […]
February 16, 2013

Trusts and Estate Planning

A trust is a legal arrangement which can be a very important tool for either a business or an individual. There are several different types of trusts that can be formed and they each have their own benefit. In order to understand the benefits of a trust, it is important to first understand exactly what it means legally. It is also important to know precisely how a trust works.
February 8, 2013

What is a Trust?

Many people do not have a good understanding of what a trust is; or how it is different from a will. There are many different types of trusts but the main purpose and benefit of having a trust is to keep a person’s estate out of probate after they have died. The biggest difference between a trust and a will is that upon death the property will not enter probate. Even with a will in place, property has to go […]
February 6, 2013

What is the Difference between Separation and Divorce?

Separation and divorce have different meanings in the legal system when it comes to splitting up properties and dividing retirement assets. For individuals that have basically the same meaning, two people who were married are no longer living together. There are basically three ways that are recognized by the courts to change one’s marital status, annulment, separation or divorce. Each of these concepts has different meanings and will have different affects on property and asset distributions. States that allow civil […]
February 4, 2013

What is a Prenuptial Agreement?

A prenuptial agreement is a binding contract between two people who are intending to get married. The main purpose of this type of premarital contract determines the control of property, child-rearing or financial assets should the couple face a divorce. Typically, a prenuptial agreement is used by one or both spouses in order to keep income and personal property separate during the marriage. In many states an individual who brings a large amount of cash or property into the marriage […]
February 2, 2013
Lawyer agreement

What is Contingency?

There are different types of fees which are charged by legal professionals. Lawyers may charge a retainer fee or work on a contingency basis. Many lawyers charge flat fees for the various services they provide. Sometimes clients, such as large corporations, pay a retainer fee. This means that the lawyer is always available to answer questions or handle any legal matters should they arise.
January 30, 2013

When to Hire a Lawyer

There are some times when it is appropriate to handle legal matters on your own. But there are also some times when it can be detrimental to try and handle matters yourself. It can be difficult to determine which instances are better handled by a legal expert and in which circumstances it is adequate to them yourself. Even though we know that legal representation can be expensive, it can be much more costly to have inadequate representation or expert legal […]
January 28, 2013

Types of Lawyers

At one time or another during your lifetime it is likely that you will need a lawyer for a legal matter. When you need an attorney it is important to know what type will be needed. Lawyers are not generic, they have specific areas of the law in which they are an expert and have experience. They choose one area of the law to concentrate on and then continue their studies in that practice area in order to provide the […]
January 26, 2013
Employment Law - Sexual Harassment

Difference between Criminal Law and Civil Law

State circuit courts and federal district courts handle both criminal and civil cases. Criminal law and civil law have some very distinct differences. If a person is accused of any sort of crime, they will need to hire a criminal lawyer or a civil lawyer. In general, civil law deals with actions that are non-criminal such as contracts, divorce, etc. It is possible to be charged under both types of proceedings, criminal and civil. A good example is OJ Simpson. […]
January 24, 2013

Employment Law for Employees

There are many different employment laws which have been developed over the years in order to provide safety in the workplace for employees. Employers should observe these laws and make available to their employees policies and procedures to follow in the event an employee feels one or more of them have been violated in some way. The workplace should be a safe place for employees and there can be serious repercussions for the employer if employment laws are not followed […]
January 22, 2013

Employment Law for Employers

There are many different facets to employment law, and this complexity is what draws many lawyers into this area of practice. It is an arena that is constantly changing and developing to protect both employees and employers. Each of these classes has their own set of rights as well as responsibilities that need to be protected as well as understood. The employer is in a unique position and must make every effort to provide a safe workplace for their employees. […]
January 19, 2013

Whistle Blower Protection Laws

Each year there are thousands of workers who witness some sort of wrongdoing on the job. They may discover fraud, abuse, or any type of actions which could jeopardize the well being, safety or lives of other people. Workers may witnesses a food processing plant which sends out contaminated food to consumers, violation of safety considerations at a nuclear facility, fraud that deceives a company’s stockholders, or a chemical company which dumps hazardous waste illegally into waterways. Too many times […]
January 16, 2013
FMLA

What is FMLA?

The Family and Medical Leave Act (FMLA) provides employees the right to take an unpaid leave in certain conditions without it effecting their job or position. The leave can be taken for certain medical conditions or family situations. There are criteria that must be met before an individual can take the leave. But while the employee is on leave, their job remains protected and they cannot be fired or replaced during the time that they are on leave. The law […]
January 14, 2013

What is Employment Law?

  Employment law pertains to a legal relationship between employees and employers. There are various statutes and laws which determine rights and responsibilities for all parties concerned. There are employment laws on the federal level, state level, and city or county levels. These regulations cover the types of rights and responsibilities that come from having an employment contract. When an employer offers a position to an employee, the laws begin governing the transaction. Employment laws ensure that the entire process […]
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