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Featured Story: BETTER STORAGE MEANS BETTER COFFEE October 22, 2013 |
 Ever wonder why gourmet and specialty coffee shops serve the best and, not to mention, the most expensive cups of coffee?
It’s a known fact that coffee is best served when it’s at its freshest. Freshness is a big deal especially in the coffee business...
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Showing posts sorted by relevance for query legal professional. Sort by date Show all posts
Showing posts sorted by relevance for query legal professional. Sort by date Show all posts
Posted on
Tuesday, April 30, 2013
The process of adoption is a long, tedious process that costs money. California’s family law provisions allow for such legal adoptions to qualified parents in the state. In Orange County, depending on the type of company or firm used to make the adoption, the process can cost potential parents tens of thousands of dollars.
So it comes as no surprise that many parents are resorting to using social media instead of conventional means. Sites such as Facebook’s Marketplace or Youtube provide opportunities to biological and adoptive parents to connect get to know each other and arrange the adoption – and it only costs a fraction of what it would cost if parents go through an agency.
Often, parents create a page where they can post media content. This is the means by which they introduce themselves to other parents who are looking to either adopt or offer their child up for adoption.
Experts however warn parents about potential issues with this unconventional method. While it may work for some families as it expands the search, this method presents certain risks to parents. One issue experts worry about is how social media sites handle privacy. While most sites do have good privacy settings, most parents tend to ignore these settings. As a result, information posted online end up getting used against posters.
The FBI has investigated certain cases wherein the birth mom involved tricked families into paying expenses without any intention of actually handing over the child. Experts warn that the internet have vulnerabilities that make scams easier.
According to experts, anyone taking this course should involve a legal professional immediately who knows the many adoption scams in the country. The adoption process involves many, often tricky, legal documents that necessitate parents and legal professionals to confirm information. The process also needs a legal professional to review and sign any legal documentation.
Adoption may cost money but if done right, it is money well-invested. A legal professional may prove helpful during adoption to avoid all other family legal issues that may arise.
Read More
So it comes as no surprise that many parents are resorting to using social media instead of conventional means. Sites such as Facebook’s Marketplace or Youtube provide opportunities to biological and adoptive parents to connect get to know each other and arrange the adoption – and it only costs a fraction of what it would cost if parents go through an agency.
Often, parents create a page where they can post media content. This is the means by which they introduce themselves to other parents who are looking to either adopt or offer their child up for adoption.
Experts however warn parents about potential issues with this unconventional method. While it may work for some families as it expands the search, this method presents certain risks to parents. One issue experts worry about is how social media sites handle privacy. While most sites do have good privacy settings, most parents tend to ignore these settings. As a result, information posted online end up getting used against posters.
The FBI has investigated certain cases wherein the birth mom involved tricked families into paying expenses without any intention of actually handing over the child. Experts warn that the internet have vulnerabilities that make scams easier.
According to experts, anyone taking this course should involve a legal professional immediately who knows the many adoption scams in the country. The adoption process involves many, often tricky, legal documents that necessitate parents and legal professionals to confirm information. The process also needs a legal professional to review and sign any legal documentation.
Adoption may cost money but if done right, it is money well-invested. A legal professional may prove helpful during adoption to avoid all other family legal issues that may arise.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Wednesday, April 10, 2013
There are still other reasons why the court may throw out a prenuptial agreement. Some are simple mistakes. According to a recent article, careless mistakes such as the paperwork not properly filed or were signed without proper legal representation may cause the court to deem the agreement invalid.
But there are also cases wherein the prenuptial agreement contains certain ridiculous and lopsided provisions that may require the court to disregard it. Such agreements include a no child support clause or provisions that discriminate and exclude a partner. These prenups will surely be thrown out during a divorce proceeding.
To be valid, parties to a prenup must have legal representation to review and witness the signing. It should be written in a readable format, is conscionable and signed without coercion. It is executable only upon full disclosure of assets and liabilities. Failure to abide by these simple protocols may lead to invalidity.
For more on prenuptial agreements, parties to a marriage may talk to a legal professional specializing in family laws. Prenuptial agreements are often complex documents that require the legal knowledge of experts who can discern through the convoluted provisions of these documents to ensure fairness and transparency.
Read More
One powerful tool for divorcing couples actually comes before marriage. While it may be difficult to discuss prenuptial agreements, this legal document actually has many functions that establish certain agreements between the marrying parties.
Often used by many couples to specify assets belonging to each prior to marriage, it can also serve in determining child custody and support, and alimony. For older couples, it can also be an estate planning tool with more gray couples divorcing in recent years.
One thing we learned recently, however, is that the court can invalidate a prenuptial agreement if it found substantial proof of coercion and fraudulent intent during its preparation and signing that could cause hardship to a former spouse. A recent New York story posted here can be used as an example where the judge threw out a prenup because it blatantly intended to set the spouse up to destitution.
Often used by many couples to specify assets belonging to each prior to marriage, it can also serve in determining child custody and support, and alimony. For older couples, it can also be an estate planning tool with more gray couples divorcing in recent years.
One thing we learned recently, however, is that the court can invalidate a prenuptial agreement if it found substantial proof of coercion and fraudulent intent during its preparation and signing that could cause hardship to a former spouse. A recent New York story posted here can be used as an example where the judge threw out a prenup because it blatantly intended to set the spouse up to destitution.
To be valid, parties to a prenup must have legal representation to review and witness the signing. It should be written in a readable format, is conscionable and signed without coercion. It is executable only upon full disclosure of assets and liabilities. Failure to abide by these simple protocols may lead to invalidity.
There are still other reasons why the court may throw out a prenuptial agreement. Some are simple mistakes. According to a recent article, careless mistakes such as the paperwork not properly filed or were signed without proper legal representation may cause the court to deem the agreement invalid.
But there are also cases wherein the prenuptial agreement contains certain ridiculous and lopsided provisions that may require the court to disregard it. Such agreements include a no child support clause or provisions that discriminate and exclude a partner. These prenups will surely be thrown out during a divorce proceeding.
To be valid, parties to a prenup must have legal representation to review and witness the signing. It should be written in a readable format, is conscionable and signed without coercion. It is executable only upon full disclosure of assets and liabilities. Failure to abide by these simple protocols may lead to invalidity.
For more on prenuptial agreements, parties to a marriage may talk to a legal professional specializing in family laws. Prenuptial agreements are often complex documents that require the legal knowledge of experts who can discern through the convoluted provisions of these documents to ensure fairness and transparency.
Keywords: child custody and support, full disclosure of assets and liabilities, legal professional, prenuptial agreements
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Thursday, April 4, 2013
The United States is a country that adopts more children than anywhere. There is this lingering gap in opinion when it comes to who is adopting.
In a recent article, the National Council for Adoption noticed the different responses of American households when it comes to celebrity adoption. They responded that celebrity adoptions are such a big deal whereas regular folks don’t make the news. For them, this is a reflection of our society.
As legal professionals sort through the complicated laws involved in domestic and international adoption, celebrities are mostly kept mum about this excruciatingly long endeavor that doesn’t guarantee any success certainties. Perhaps this is why celebrity adoptions are desperately kept hushed until they are later spotted with their new child.
Read More
In a recent article, the National Council for Adoption noticed the different responses of American households when it comes to celebrity adoption. They responded that celebrity adoptions are such a big deal whereas regular folks don’t make the news. For them, this is a reflection of our society.
As legal professionals sort through the complicated laws involved in domestic and international adoption, celebrities are mostly kept mum about this excruciatingly long endeavor that doesn’t guarantee any success certainties. Perhaps this is why celebrity adoptions are desperately kept hushed until they are later spotted with their new child.
The hope for many celebrity parents, like most parents, is that the right baby would find them. As long as parents remain patient during the waiting game portion of the process, and if they can give what the law believes to be the best interest of the child, things will all work out.
The fact is that a wannabe celebrity mom goes through the same trials and legal hoops as regular folks. For all their popularity, the same rules and adoption issues still apply with only one exception – money. Having deeper pockets, and maybe the connections, allow celebrities to pay for the adoption right away and kick start the legalities involved in such an undertaking.
Unfortunately, there is this pertinent public opinion that celebrities get an edge because they are able to bend certain rules. Experts believe this to be unfounded. The myth was born out of our own desire to succeed, albeit inconspicuously, through celebrities who epitomize the meaning of the “great American experience.”
Many celebrities argue that they didn’t bypass any roadblocks that lengthen the adoption process. In fact, the government is more suspicious of them with issues of privacy always a top concern. Their inability to attend required seminars and training is often scrutinized as well. In that light, regular folks might have the slight advantage.
The hope for many celebrity parents, like most parents, is that the right baby would find them. As long as parents remain patient during the waiting game portion of the process, and if they can give what the law believes to be the best interest of the child, things will all work out.
Through proper legal channels and efforts of a trustworthy legal professional, it will eventually. Most celebrity adoptions are anonymous affairs where the role of legal professionals is of such great importance in the success of the adoption.
Unfortunately, there is this pertinent public opinion that celebrities get an edge because they are able to bend certain rules. Experts believe this to be unfounded. The myth was born out of our own desire to succeed, albeit inconspicuously, through celebrities who epitomize the meaning of the “great American experience.”
Many celebrities argue that they didn’t bypass any roadblocks that lengthen the adoption process. In fact, the government is more suspicious of them with issues of privacy always a top concern. Their inability to attend required seminars and training is often scrutinized as well. In that light, regular folks might have the slight advantage.
The hope for many celebrity parents, like most parents, is that the right baby would find them. As long as parents remain patient during the waiting game portion of the process, and if they can give what the law believes to be the best interest of the child, things will all work out.
Through proper legal channels and efforts of a trustworthy legal professional, it will eventually. Most celebrity adoptions are anonymous affairs where the role of legal professionals is of such great importance in the success of the adoption.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Monday, March 25, 2013
Valentine’s Day is popular among hopeless romantics to profess their love for their significant others. In fact, each year, many men go down on their knees in the most unique, awkward or lavish of settings to pop that big question: “Will you marry me?” While the act of proposing is seen as a romantic gesture, it actually sets off wedding plans and, of course, legal issues as well.
Experts agree that prior to proposing, a soon-to-be-groom should consider what legal consequences a lifetime commitment such as marriage may bring to the table. Often, it is wise to think about seeing a legal professional first and discuss how a prenuptial agreement may be of benefit in addressing certain concerns.
One such concern is the question of who retains engagement rings once the engagement and the ensuing marriage ends in a break-up or, later, divorce proceedings -- a popular issue often raised by women. Fact is that a lot of couples go to court over this token of love and once symbol of affection.
Weddings aren’t just a big fancy day where couples choose to say their “I dos.” It is also a legal contract that joins together the lives of two individuals and gives them certain legal protections, especially on financial matters. Engagement and wedding rings, as well as other jewelries, are included in a marital financial matter.
In California for example, engagement rings are considered conditional gifts based upon an agreement to marry. The rule is that whoever called the breakup forfeits their claim on the ring. If the breakup is unanimous, the purchaser has entitlement to recover while in an amicable breakup, both parties can discuss or reach a compromise on how to deal with the jewelry.
A prenuptial or a postnuptial agreement may be more useful in divorce proceedings. Once the conditions for gifting the rings have been met and marriage has been established, this becomes a marital property. Without a legally recognized agreement to specify conditions on such assets, the court may order the couple to liquidate and split off the proceeds or it may encourage both to reach an agreement on who takes the ring home.
Read More
Experts agree that prior to proposing, a soon-to-be-groom should consider what legal consequences a lifetime commitment such as marriage may bring to the table. Often, it is wise to think about seeing a legal professional first and discuss how a prenuptial agreement may be of benefit in addressing certain concerns.
One such concern is the question of who retains engagement rings once the engagement and the ensuing marriage ends in a break-up or, later, divorce proceedings -- a popular issue often raised by women. Fact is that a lot of couples go to court over this token of love and once symbol of affection.
Weddings aren’t just a big fancy day where couples choose to say their “I dos.” It is also a legal contract that joins together the lives of two individuals and gives them certain legal protections, especially on financial matters. Engagement and wedding rings, as well as other jewelries, are included in a marital financial matter.
In California for example, engagement rings are considered conditional gifts based upon an agreement to marry. The rule is that whoever called the breakup forfeits their claim on the ring. If the breakup is unanimous, the purchaser has entitlement to recover while in an amicable breakup, both parties can discuss or reach a compromise on how to deal with the jewelry.
Experts agree that prior to proposing, a soon-to-be-groom should consider what legal consequences a lifetime commitment such as marriage may bring to the table. Often, it is wise to think about seeing a legal professional first and discuss how a prenuptial agreement may be of benefit in addressing certain concerns.
A prenuptial or a postnuptial agreement may be more useful in divorce proceedings. Once the conditions for gifting the rings have been met and marriage has been established, this becomes a marital property. Without a legally recognized agreement to specify conditions on such assets, the court may order the couple to liquidate and split off the proceeds or it may encourage both to reach an agreement on who takes the ring home.
About The Author
Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Earned degree in Economics from the University of the Philippines and Business Administration Honours from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.
Posted on
Thursday, March 14, 2013
Read More
A high asset divorce and the process of asset division can test the resolve of divorcing couples. It can take its toll on the parties involved, and affect the mental, emotional and financial well-being of those involved. In the U.S., most divorces, due to the amount of assets involved, are complex disputes with complications that unravel unceremoniously.
But what if one of the party’s capacities to take legal action on one’s behalf is in question? Are there steps that would allow such proceedings to take place legally?
In actuality, there are options available to accommodate such and these tools work in congruence to estate planning tools.
Many are familiar with a “Power of Attorney” – a written instrument that authorizes another individual or individuals to perform specific legal acts on behalf of a client-applicant – another version called the “Durable Power of Attorney” allows a principal to nominate a guardian or conservator of the estate, and their person in case of any legal action that needs to be taken, including divorce. Often, such guardians are assigned in the person’s estate plan “by consideration.”
While not a very common occurrence, “by consideration” means that the court can override a nominated guardian if it believes that the guardian is not fit for the role. Furthermore, the court can assign a “guardian ad litem” to protect the best interests of that individual during litigations, and to investigate if extra tools that safeguards the person’s legal interests are necessary.
Some states have legal provisions that allow the use of a legal “guardian” to initiate a divorce action on behalf of an incapable person, legally known as a “ward.” Not all states allow it though simply because applicable statutes don’t exist in those states. Often, the belief is that divorces, especially high-asset ones, are too personal to entrust to a third party.
To find out more, speak to a knowledgeable attorney in your local area for advice on legal guardianship and divorce actions.
But what if one of the party’s capacities to take legal action on one’s behalf is in question? Are there steps that would allow such proceedings to take place legally?
Some states have legal provisions that allow the use of a legal “guardian” to initiate a divorce action on behalf of an incapable person, legally known as a “ward.” Not all states allow it though simply because applicable statutes don’t exist in those states. Often, the belief is that divorces, especially high-asset ones, are too personal to entrust to a third party.
In actuality, there are options available to accommodate such and these tools work in congruence to estate planning tools.
Many are familiar with a “Power of Attorney” – a written instrument that authorizes another individual or individuals to perform specific legal acts on behalf of a client-applicant – another version called the “Durable Power of Attorney” allows a principal to nominate a guardian or conservator of the estate, and their person in case of any legal action that needs to be taken, including divorce. Often, such guardians are assigned in the person’s estate plan “by consideration.”
While not a very common occurrence, “by consideration” means that the court can override a nominated guardian if it believes that the guardian is not fit for the role. Furthermore, the court can assign a “guardian ad litem” to protect the best interests of that individual during litigations, and to investigate if extra tools that safeguards the person’s legal interests are necessary.
Some states have legal provisions that allow the use of a legal “guardian” to initiate a divorce action on behalf of an incapable person, legally known as a “ward.” Not all states allow it though simply because applicable statutes don’t exist in those states. Often, the belief is that divorces, especially high-asset ones, are too personal to entrust to a third party.
To find out more, speak to a knowledgeable attorney in your local area for advice on legal guardianship and divorce actions.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and
working as a professional writer for a multi-national business processes
firm.
Posted on
Thursday, April 4, 2013
Read More
Owners of apartment buildings are required by law to conduct yearly inspections and perform all necessary repairs to any damages and other issues in their property that could cause injuries to tenants.
There are cases however when landlords in fail to meet these basic and required obligations to their tenants. Such failure to address pertinent issues could result in a premises liability lawsuit against bad landlords.
In Austell, Georgia, tenants in an apartment complex have recently reported that they’ve been neglected and deprived of electricity for several days now. At least two tenants complained about losing electricity in their apartment unit saying that it’s no longer acceptable.
There are cases however when landlords in fail to meet these basic and required obligations to their tenants. Such failure to address pertinent issues could result in a premises liability lawsuit against bad landlords.
In Austell, Georgia, tenants in an apartment complex have recently reported that they’ve been neglected and deprived of electricity for several days now. At least two tenants complained about losing electricity in their apartment unit saying that it’s no longer acceptable.
Public housing buildings and apartments should be putting plenty of effort into ensuring the safety and well-being of their tenants and guests. There have been several cases in the past wherein lack of repair and hazardous conditions resulted in injuries and death. Victims of negligent property owners could consult with a legal professional who can explain their tenant rights in accordance to local laws.
One of the tenants without power told reporters that she had to get rid of $300 worth of groceries that only spoiled as a result of the blackout. The tenant also has an asthmatic granddaughter who relies on a nebulizer. With power out, her grandchild is at risk of complications, even death.
Another claim that she’s been without power for a week and that management moved her into another unit. The tenant however was forced to sleep on the floor and had to use a space heater to keep herself warm.
Other tenants also complained of garbage disposal in the building with trash overflowing from dumpsters and damaged rooftops with only patching work poorly done to address the problem.
The sources interviewed the building administration as well as Georgia Power. The administrators of the apartment building told reporters that issues are being addressed and will be resolved. Georgia Power, on the other hand, explained that they won’t restore power to the affected units until the apartment’s administration repairs the electrical issues. Tenants are getting impatient with some already looking to move out.
Public housing buildings and apartments should be putting plenty of effort into ensuring the safety and well-being of their tenants and guests. There have been several cases in the past wherein lack of repair and hazardous conditions resulted in injuries and death. Victims of negligent property owners could consult with a legal professional who can explain their tenant rights in accordance to local laws.
Another claim that she’s been without power for a week and that management moved her into another unit. The tenant however was forced to sleep on the floor and had to use a space heater to keep herself warm.
Other tenants also complained of garbage disposal in the building with trash overflowing from dumpsters and damaged rooftops with only patching work poorly done to address the problem.
The sources interviewed the building administration as well as Georgia Power. The administrators of the apartment building told reporters that issues are being addressed and will be resolved. Georgia Power, on the other hand, explained that they won’t restore power to the affected units until the apartment’s administration repairs the electrical issues. Tenants are getting impatient with some already looking to move out.
Public housing buildings and apartments should be putting plenty of effort into ensuring the safety and well-being of their tenants and guests. There have been several cases in the past wherein lack of repair and hazardous conditions resulted in injuries and death. Victims of negligent property owners could consult with a legal professional who can explain their tenant rights in accordance to local laws.
Keywords: premises liability lawsuit, public housing buildings and apartments, negligent property owners
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Tuesday, April 2, 2013
Read More
It is only human nature to care and attend to the needs of an infant. In today’s modern society, this basic philosophy of nursing hasn’t changed despite improvements in technology and advancements in medicine – we humans still prioritize the needs of a child.
So it came with great sadness when the state heard of the tragic news of a premature infant who died in a medical malpractice case involving his in-home nurse. The nurse is charged with child endangerment and an emotional preliminary hearing was held recently.
According to the criminal complaint which cited negligence, the 42-year-old nurse was caring for the 7-month-old baby at the infant’s home when the child began to experience breathing problems. Despite multiple alarms that sounded off, the nurse failed to provide the necessary medical aid. The baby was on a ventilator and died after suffering an interruption in the flow of oxygen.
The preliminary hearing in nearby North Union District Court saw the father stating his emotional testimony that we was awaken by a relative and informed of the problem. When he got to the boy’s room, the ventilator was disconnected and the nurse was already performing CPR on the child who he described as already blue in color when he arrived.
The mother also testified that the CPR was administered while the child was on his crib and that she had to take over from the nurse, lay the child on the floor and perform CPR herself.
The nurse contends that the alarms did not do its job of alerting her of the boy’s condition. A representative from the ventilator’s manufacturer testified with a printout that shows the alarms did go off audibly multiple times during that night. The machine has an audio pause mechanism or button that briefly silences the alarm if the problem was resolved.
This is truly an unfortunate and saddening incident. Tragic can’t even begin to describe the unimaginable loss suffered by the parents of a child who should be alive today to experience life. Punitive damages, financial compensation and criminal penalties could be awarded to victims who are encouraged to discuss possible claims with a trusted legal professional.
So it came with great sadness when the state heard of the tragic news of a premature infant who died in a medical malpractice case involving his in-home nurse. The nurse is charged with child endangerment and an emotional preliminary hearing was held recently.
According to the criminal complaint which cited negligence, the 42-year-old nurse was caring for the 7-month-old baby at the infant’s home when the child began to experience breathing problems. Despite multiple alarms that sounded off, the nurse failed to provide the necessary medical aid. The baby was on a ventilator and died after suffering an interruption in the flow of oxygen.
The preliminary hearing in nearby North Union District Court saw the father stating his emotional testimony that we was awaken by a relative and informed of the problem. When he got to the boy’s room, the ventilator was disconnected and the nurse was already performing CPR on the child who he described as already blue in color when he arrived.
The mother also testified that the CPR was administered while the child was on his crib and that she had to take over from the nurse, lay the child on the floor and perform CPR herself.
The nurse contends that the alarms did not do its job of alerting her of the boy’s condition. A representative from the ventilator’s manufacturer testified with a printout that shows the alarms did go off audibly multiple times during that night. The machine has an audio pause mechanism or button that briefly silences the alarm if the problem was resolved.
This is truly an unfortunate and saddening incident. Tragic can’t even begin to describe the unimaginable loss suffered by the parents of a child who should be alive today to experience life. Punitive damages, financial compensation and criminal penalties could be awarded to victims who are encouraged to discuss possible claims with a trusted legal professional.
Keywords: medical malpractice case, flow of oxygen, financial compensation, punitive damages, trusted legal professional
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Monday, April 8, 2013
Marrying couples use prenuptial agreement as a document that outlines many legal aspects of the parties heading into marriage. Provisions for the fair division of marital assets and spousal support are commonly outlined and described. Although a prenuptial agreement is not a favorite conversation topic among couples, its popularity has become widespread in recent years.
There are unique cases however wherein a prenuptial agreement can be dismissed by the court. While most agreements are completely legal, there are a few exemptions in extreme cases such as one explained during a recent ruling.
After a year fighting what she believes is an unfavorable and aggravating alimony and marital asset distribution, a woman was finally given vindication by the local appellate court by overturning a prenuptial agreement she signed prior to her marriage.
Her husband, whose net worth is around $30 million, prepared the prenup which he promised to revoke once the couple has a child together. It stipulates that the ex-wife is only entitled to $25,000 for each year they are married. It also adds that all marital properties earned during the time of marriage will go to the husband.
According to legal documents, the appellate court agreed that provisions for alimony and property division in the prenup, including the acts of coercion and failure of the husband to make good on his promise, were fraudulent and intends to cause undue hardship to the female spouse. The court felt that it can’t allow such an agreement to be enforced in any legal manner.
The overturning, handed down in Brooklyn, New York, was the first of its kind in the country and legal experts are excited about it. Many are claiming that it sets legal precedent for prenuptial agreements which rarely gets overturned.
Prenuptial agreements are effective legal tools that set provisions for alimony after a split and the separation of assets earned prior to marriage. However, it is only good as long as it’s not fraudulent in nature and does not set a spouse up to destitution.
Read More
Marrying couples use prenuptial agreement as a document that outlines many legal aspects of the parties heading into marriage. Provisions for the fair division of marital assets and spousal support are commonly outlined and described. Although a prenuptial agreement is not a favorite conversation topic among couples, its popularity has become widespread in recent years. There are unique cases however wherein a prenuptial agreement can be dismissed by the court. While most agreements are completely legal, there are a few exemptions in extreme cases such as one explained during a recent ruling.
The overturning, handed down in Brooklyn, New York, was the first of its kind in the country and legal experts are excited about it. Many are claiming that it sets legal precedent for prenuptial agreements which rarely gets overturned.
After a year fighting what she believes is an unfavorable and aggravating alimony and marital asset distribution, a woman was finally given vindication by the local appellate court by overturning a prenuptial agreement she signed prior to her marriage.
Her husband, whose net worth is around $30 million, prepared the prenup which he promised to revoke once the couple has a child together. It stipulates that the ex-wife is only entitled to $25,000 for each year they are married. It also adds that all marital properties earned during the time of marriage will go to the husband.
According to legal documents, the appellate court agreed that provisions for alimony and property division in the prenup, including the acts of coercion and failure of the husband to make good on his promise, were fraudulent and intends to cause undue hardship to the female spouse. The court felt that it can’t allow such an agreement to be enforced in any legal manner.
The overturning, handed down in Brooklyn, New York, was the first of its kind in the country and legal experts are excited about it. Many are claiming that it sets legal precedent for prenuptial agreements which rarely gets overturned.
Prenuptial agreements are effective legal tools that set provisions for alimony after a split and the separation of assets earned prior to marriage. However, it is only good as long as it’s not fraudulent in nature and does not set a spouse up to destitution.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Monday, February 25, 2013
Death is an unavoidable reality of life. Setting up wills and trusts are ways to prepare for the inevitable. Traditionally, an estate plan only includes children, relatives and other important people relevant to the testator. With the recent expansion of estate planning laws, forty-six U.S. states are offering animal-related extensions and allowing the creation of specialized pet trusts.
A trust is a legal entity that manages the allocation and distribution of assets to the benefit of others, usually the testators’ heirs. A pet trust allows owners to set aside money for the care of their pets. Since pets cannot directly inherit money, a trust can be set up to pay for pet care and supplies. A person is paid to care for the animals. Trust administration is performed by a trustee who oversees the arrangements.
While many pet-lovers may find this quite revolutionary, the trust doesn’t come with legal impregnability. A judge in 2007 reduced the amount of a pet trust worth $12 million to $2 million after it was determined excessive. Most pet owner’s concern is practical in nature that is assuring the animal’s welfare. By setting aside money, the need to send a pet to a shelter, a pound or putting them to sleep becomes unnecessary.
Unlike before, pet trust and pet insurance have gained wide popularity in recent years. An estimated 62 percent of American households have a pet—that’s about 73 million households. According to experts, people spend a lot of money on their pets because they’ve become a part of the family unit.
The field is still in its infancy but legal experts believe that over time, the law will develop even more to give way to an increasing number of pet owners that will use pet trusts as a tool to ensure their pets future once they die.
Talk to a trusted and knowledgeable legal professional on all matter about estate planning including wills and trusts that are designed specifically to meet individual needs.
Originally written for Markowitz and Gravelle, posted on 19 Feb., 2013
Tags: specialized pet trusts, estate planning, trust administration
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A trust is a legal entity that manages the allocation and distribution of assets to the benefit of others, usually the testators’ heirs. A pet trust allows owners to set aside money for the care of their pets. Since pets cannot directly inherit money, a trust can be set up to pay for pet care and supplies. A person is paid to care for the animals. Trust administration is performed by a trustee who oversees the arrangements.
While many pet-lovers may find this quite revolutionary, the trust doesn’t come with legal impregnability. A judge in 2007 reduced the amount of a pet trust worth $12 million to $2 million after it was determined excessive. Most pet owner’s concern is practical in nature that is assuring the animal’s welfare. By setting aside money, the need to send a pet to a shelter, a pound or putting them to sleep becomes unnecessary.
Unlike before, pet trust and pet insurance have gained wide popularity in recent years. An estimated 62 percent of American households have a pet—that’s about 73 million households. According to experts, people spend a lot of money on their pets because they’ve become a part of the family unit.
The field is still in its infancy but legal experts believe that over time, the law will develop even more to give way to an increasing number of pet owners that will use pet trusts as a tool to ensure their pets future once they die.
Talk to a trusted and knowledgeable legal professional on all matter about estate planning including wills and trusts that are designed specifically to meet individual needs.
About The Author
Victor Dela Casa is
a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Degree in Economics from the University of the Philippines and Honours
Diploma from Eastern College. Currently based in the Philippines and
working as a professional writer for a multi-national business processes
firm.
Originally written for Markowitz and Gravelle, posted on 19 Feb., 2013
Tags: specialized pet trusts, estate planning, trust administration
Posted on
Monday, January 14, 2013
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Divorces are one of the most emotionally-charged and traumatic events in one's life. While building a lifetime full of hopes and positive aspirations for you and your spouse, a divorce can enter the picture and, in an instant, take all that is good away leaving you on an emotional roller coaster that doesn't seem to end.
As divorce makes you question your beliefs and your ability as a husband, experts agree that doubting one's ability as a loving father is a common mistake among fathers. Divorce may have ended your relationship with your spouse, but it shouldn't end your paternity or your relationship as a father with your children. Divorce affects fathers all over the country.
The article quotes a licensed psychologist who touts the importance of a father in the upbringing of children. Specifically, the therapist points to the crucial nature of a dad being in the lives of children in a emotional and physical way.
Whether you have a boy or a girl or both, your children are constantly looking up to you. As a father-figure, your sons see you as a guiding light of who they are supposed to become while daughters learn who they should look for in a mate by your example.
According to the therapist, there are five important things that a father should do after a divorce to maintain a healthy relationship with his child or children.
She advises that fathers should stay in town if they can and maintain regular, predictable contact with the kids. She also mentioned the importance of being emotionally engaged and supportive of their best efforts, such as attending school plays or watching them play in a little league baseball game.
Her point is that the more present a dad is in a child's life, the stronger the bonds are that are being created. While absence could make the heart grow fonder, with children, it is presence that matters the most.
For all legal concerns involving paternity, divorce and child custody, it is advisable to contact a legal professional who can help during the difficult times. Legal professionals are trained and experienced in handling such sensitive cases and can guide fathers through their rights concerning their relationship with their child during a divorce proceeding.
(Originally Published De Plaza and O'Connor Law)
(Originally Published De Plaza and O'Connor Law)
About The Author
Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.
Posted on
Tuesday, May 28, 2013
Living trusts allow a family to customize their estate planning based on the individual needs of each family member. It is also effective in avoiding taxes as well as the probate process which we all know can be very expensive.
The death of a loved one can start off a complex legal and business process. Often, it falls to relatives to deal with the affairs of the departed’s estate. It is important that living trusts and wills are carried out and followed through to avoid issues that hurt beneficiaries after the departure of their relative.
Typically, it is important to start funding a living trust while the person is still around to do so. The effectiveness of a living trust is dependent on this. It means that trusts needs to have assets re-titled to it in order to reflect the ownership of the trust. Bank accounts, investments, stocks, bonds and assets all have to be re-titled accordingly.
Bank accounts can be easily transferred and bank managers can assist in the process. Investment accounts require that a new account be established first before transferring existing accounts. Stocks are a bit more complicated as it will require a stock power which must include a Medallion guarantee stamp. Savings bonds require that government forms be filled out and stamped with the same Medallion stamp.
Real estate is transferred into a trust through a new deed prepared by an attorney. Personal property can be willed into a trust or transferred using an Assignment of Personal Property. Approval of other partners is required before interests in private stocks can be transferred. This may require a lawyers help. Life insurance can be easily designated to the trust which will act as the beneficiary of the policy.
Finally, like most states, retirement accounts like IRAs may require the help of an expert. Often IRAs are not taxed while it is locked. A transfer of these accounts may have serious tax ramifications.
This is why the help of a knowledgeable legal professional may prove invaluable in estate planning because they have the knowledge and experience to properly manage and execute any estate plans. Legal professionals are able to sit down, discuss available strategies and even do the necessary legwork. They can also be relied on to carry out the estate’s will and trust.
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The death of a loved one can start off a complex legal and business process. Often, it falls to relatives to deal with the affairs of the departed’s estate. It is important that living trusts and wills are carried out and followed through to avoid issues that hurt beneficiaries after the departure of their relative.
Typically, it is important to start funding a living trust while the person is still around to do so. The effectiveness of a living trust is dependent on this. It means that trusts needs to have assets re-titled to it in order to reflect the ownership of the trust. Bank accounts, investments, stocks, bonds and assets all have to be re-titled accordingly.
Bank accounts can be easily transferred and bank managers can assist in the process. Investment accounts require that a new account be established first before transferring existing accounts. Stocks are a bit more complicated as it will require a stock power which must include a Medallion guarantee stamp. Savings bonds require that government forms be filled out and stamped with the same Medallion stamp.
Real estate is transferred into a trust through a new deed prepared by an attorney. Personal property can be willed into a trust or transferred using an Assignment of Personal Property. Approval of other partners is required before interests in private stocks can be transferred. This may require a lawyers help. Life insurance can be easily designated to the trust which will act as the beneficiary of the policy.
Finally, like most states, retirement accounts like IRAs may require the help of an expert. Often IRAs are not taxed while it is locked. A transfer of these accounts may have serious tax ramifications.
This is why the help of a knowledgeable legal professional may prove invaluable in estate planning because they have the knowledge and experience to properly manage and execute any estate plans. Legal professionals are able to sit down, discuss available strategies and even do the necessary legwork. They can also be relied on to carry out the estate’s will and trust.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
Posted on
Monday, February 25, 2013
Originally written for Day, Day and Brown, posted 18 Feb, 2013
Tags: California, Orange County, drunk driving, DWI, death, killed at the scene, vehicular manslaughter, over the legal blood-alcohol limit
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Alcohol and driving just don’t mix. This is especially true in a state known for having so much pedestrian traffic like California. The state is dubbed as one of the most dangerous for fatal pedestrian accidents and hit-and-runs according to recent independent studies. Despite repeated warnings and an increased police effort, many are still engaging in drunk driving and more are suffering from wrongful death incidents.
Victims of negligence and reckless driving should seek the advice of a legal professional for assistance. Financial compensation is available to victims and their families for medical expenses, loss of wages and the pain and suffered brought on by the possible loss of a loved. A related fatal accident story in Orange County which resulted in the death of three relatives is making headlines throughout California.
A 40-year-old Orange County man was arrested in connection to the deaths of three women on their way home from a baby shower. The man is twice over the legal blood-alcohol limit when his car hit the pedestrians. A 56-year-old woman was killed at the scene while her daughter and niece, both 21-years-old, were rushed to a nearby emergency but later died of their serious injuries. The accused driver and a female passenger were also injured.
Police told sources that the man saw the women but failed to stop in time, barely slowing down only before striking the three at high speeds. The impact caused massive and severe injuries that caused their deaths.
Three counts of vehicular manslaughter causing death with gross negligence while intoxicated were laid against the man. The Orange County district attorney’s office also filed two other felony counts of DWI. Other charges are also being prepared. If convicted, he could face 12 years and eight months in state prison. He is being held on a $500,000 bail. An arraignment is already scheduled.
Victims of negligence and reckless driving should seek the advice of a legal professional for assistance. Financial compensation is available to victims and their families for medical expenses, loss of wages and the pain and suffered brought on by the possible loss of a loved. A related fatal accident story in Orange County which resulted in the death of three relatives is making headlines throughout California.
A 40-year-old Orange County man was arrested in connection to the deaths of three women on their way home from a baby shower. The man is twice over the legal blood-alcohol limit when his car hit the pedestrians. A 56-year-old woman was killed at the scene while her daughter and niece, both 21-years-old, were rushed to a nearby emergency but later died of their serious injuries. The accused driver and a female passenger were also injured.
Police told sources that the man saw the women but failed to stop in time, barely slowing down only before striking the three at high speeds. The impact caused massive and severe injuries that caused their deaths.
Three counts of vehicular manslaughter causing death with gross negligence while intoxicated were laid against the man. The Orange County district attorney’s office also filed two other felony counts of DWI. Other charges are also being prepared. If convicted, he could face 12 years and eight months in state prison. He is being held on a $500,000 bail. An arraignment is already scheduled.
About The Author
Victor Dela Casa is
a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Degree in Economics from the University of the Philippines and Honours
Diploma from Eastern College. Currently based in the Philippines and
working as a professional writer for a multi-national business processes
firm.
Originally written for Day, Day and Brown, posted 18 Feb, 2013
Tags: California, Orange County, drunk driving, DWI, death, killed at the scene, vehicular manslaughter, over the legal blood-alcohol limit
Posted on
Thursday, March 21, 2013
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A will should be the foundation of a person’s estate planning. It is a vital component that addresses concerns with regards to one’s properties and children especially in many states where couples often marry much older and have significant assets by the time they have children.
Despite common misconceptions about wills requiring a testator to have significant amount of properties, experts agree that the size is not an issue for getting one drafted. In fact, it is advisable to have one drafted for many reasons other than the distribution of property.
One such reason concerns the raising of children in the event that parents die early. A will can contain certain provisions on how children are to be raised, even apportion amounts from the estate to the rearing of children.
If a young parent doesn’t have specified will for this, the state can and will make decisions on the parents’ behalf. Often, this may not suit well.
Two major components of a will can be, first, the distribution of property according to instructions. The second is a provision on naming a guardian who will act as primary caregivers to minors.
The first provision is common to all wills as it pertains to specifics on asset distribution. The second provision is extremely important as it address how exactly children are to be raised. Parents should name a trusted and reliable guardian. This nomination is honored by the court but will contest it if the named guardian is deemed unfit to take on the task.
Naming a guardian gets part of the job done as there are still issues with the specifics. Concerns over finances and specific activities, food, clothing, shelter, etc. involving the guardianship and the raising of children should be addressed clearly. Also, naming of an estate executor or administrator should be specified.
Remember that a will is executed through probate. Although a probate judge will honor the testators’ final wishes, probate issues can arise such as a will contest if issues are found with the will. Making sure that a will is applicable and legal is vital. A knowledgeable legal professional should be consulted for best advice on estate planning matters.
Despite common misconceptions about wills requiring a testator to have significant amount of properties, experts agree that the size is not an issue for getting one drafted. In fact, it is advisable to have one drafted for many reasons other than the distribution of property.
One such reason concerns the raising of children in the event that parents die early. A will can contain certain provisions on how children are to be raised, even apportion amounts from the estate to the rearing of children.
If a young parent doesn’t have specified will for this, the state can and will make decisions on the parents’ behalf. Often, this may not suit well.
Two major components of a will can be, first, the distribution of property according to instructions. The second is a provision on naming a guardian who will act as primary caregivers to minors.
The first provision is common to all wills as it pertains to specifics on asset distribution. The second provision is extremely important as it address how exactly children are to be raised. Parents should name a trusted and reliable guardian. This nomination is honored by the court but will contest it if the named guardian is deemed unfit to take on the task.
Naming a guardian gets part of the job done as there are still issues with the specifics. Concerns over finances and specific activities, food, clothing, shelter, etc. involving the guardianship and the raising of children should be addressed clearly. Also, naming of an estate executor or administrator should be specified.
Remember that a will is executed through probate. Although a probate judge will honor the testators’ final wishes, probate issues can arise such as a will contest if issues are found with the will. Making sure that a will is applicable and legal is vital. A knowledgeable legal professional should be consulted for best advice on estate planning matters.
Keywords: distribution of property, primary caregivers, estate executor, trusted and reliable guardian
About The Author
Victor Dela Casa is
a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Degree in Economics from the University of the Philippines and Honours
Diploma from Eastern College. Currently based in the Philippines and
working as a professional writer for a multi-national business processes
firm.
