A Separation Agreement is a contract between two parties and is therefore governed by the law of contract. The contract is binding on both parties and any failure to execute by either party may bring a claim for breach of contract. However, a court may set aside or not enforce an agreement that is unfair or unreasonable or where child support or spousal support is inadequate. If you are planning to separate, then a separation agreement can help you address issues on custody, maintenance and family assets instead of having to go to court to resolve such issues. In this way, you will be avoiding costly litigation fees. The following items may be addressed in a separation agreement: ·custody and access; ·spousal support; ·child support; ·child maintenance; ·debts and property division. A company can attempt to mitigate these possible negative outcomes by using an employee separation agreement. This document is a legally binding contract that offers the employee valuable benefits in exchange for general releases of liability and certain warranties regarding behavior. Some types of positions hire people pursuant to an employment contract which is signed at the outset of employment and addresses terms and benefits in the event of a separation. Most employees are hired at-will, however, and are not guaranteed any benefits upon separation. An employee separation agreement would be used as an option to negotiate terms and benefits for a worker that had no other guarantees.

Viewpoint

16W+ 0

John Uebler lawyer 2020-06-03 19:34:55

There are many reasons why you may need to lease property for residential or commercial reasons, such as signing a lease to rent a unit with roommates or renting a commercial space for your business. Often, signing a Lease Agreement means you’ve agreed to rent the property for a specific period of time. But what happens if you need to leave your rental before your agreement ends? Perhaps you need to relocate for work or school or you need to downsize your business; whatever the reason, a Lease Assignment Agreement can help you transfer your lease to someone else and vacate your rental property without breaching your original Lease Agreement. Assigning a lease is when a renter transfers their rights and obligations in a Lease Agreement (either commercial or residential) to another person. Generally, tenants decide to assign a lease when they need to vacate a rental property before their lease expires for whatever reason (for example, they need to reduce their living costs or transportation time or find a new space for a growing business). Regardless of why a person needs to end a lease early, assigning a lease to a new person using a Lease Assignment Agreement can be a great way to end your lease on good terms and without paying any sort of early termination fee (a fee that some landlords may require to end a lease before a Lease Agreement expires). However, there are a few important things you should know before you decide to transfer your lease to someone else.

Viewpoint

16W+ 0

Silvln Crowley lawyer 2020-06-02 10:18:26

Whether or not you are a single person, you are married, have children, or living with a significant other, you can't assume that those you care about are sure to inherit your estate when you are deceased. Here are just a few examples: If your significant other isn't your spouse, he or she may be evicted from the home you shared by a long-lost relative. If both parents of a child die without a will, the court will name a guardian to take custody of the minor children and handle their inheritance from the parents' estate. Even worse, if your estate recovers a large settlement in a wrongful death lawsuit after you die in a car accident, it may be taken over by the state if you didn't write a will. You separated from your spouse years ago, but never got a divorce and now he or she is able to disinherit those closest to you. A will is a legal document that allows a person to make sure their final wishes are fulfilled. By completing a will, a person gives instructions on how to distribute their assets among the intended beneficiaries, and makes other final wishes. A person may leave a bequest in any manner desired in a will, leaving everything to be distributed to one beneficiary or to be equally divided among them, or in any percentage stated. Testators may want to leave everything to a surviving spouse, and/or to leave property to their children, or not. When there is more than one heir, property is not required to be divided among them in equal shares. A will also allows a person to choose trusted individuals to act as their personal representatives, in order to manage the estate, close up affairs, and distribute it according to the testator's stated wishes. Without a will, a person may end up having their property distributed by a stranger chosen by the court according to their state's rules of intestacy, or it could escheat to the state. This may cause much more expense and delay in the administration process than a will would require, and the property may wind up being distributed against the deceased wishes.

Viewpoint

15W+ 0

Kongove Mathis lawyer 2020-06-02 10:14:55

The following are legal requirements: 1. The will maker's sound mind-the will must be made with freedom from undue influence; an act done freely and knowingly. 2. The testator's signature before the witnesses. 3. Witnesses-generally, two witnesses are required to witness the will. 4. One or more heirs (devisees, beneficiaries, legatees) must generally be clearly named. The following are basic terms recommended to be included: 1. A revocation of any prior wills and/or codicils should be included. 2. An executor should be named to make sure the estate will be admitted to probate, manage the distribution of the estate, collect debts, pay creditors, file any federal estate tax and other tax forms due, etc. 3. A residuary clause should be included to specify how any later acquired or unspecified property should be distributed. 4. A testamentary trust can be created, in which case a trustee is also named. 5. A guardian may be named for minor children living at the time of the testator's death.

Viewpoint

16W+ 0

Kongove Mathis lawyer 2020-06-02 10:13:02

The following are legal requirements: 1. The will maker's sound mind-the will must be made with freedom from undue influence; an act done freely and knowingly. 2. The testator's signature before the witnesses. 3. Witnesses-generally, two witnesses are required to witness the will. 4. One or more heirs (devisees, beneficiaries, legatees) must generally be clearly named. The following are basic terms recommended to be included: 1. A revocation of any prior wills and/or codicils should be included. 2. An executor should be named to make sure the estate will be admitted to probate, manage the distribution of the estate, collect debts, pay creditors, file any federal estate tax and other tax forms due, etc. 3. A residuary clause should be included to specify how any later acquired or unspecified property should be distributed. 4. A testamentary trust can be created, in which case a trustee is also named. 5. A guardian may be named for minor children living at the time of the testator's death.

Viewpoint

15W+ 0

Gella Klausner lawyer 2020-05-29 20:55:23

Industrial accidents are severe mishaps that result in injuries to people and damage to property or the environment. For example, an explosion or fire at a pyrotechnics manufacturing facility is an industrial accident, as is the accidental release of toxic chemicals to the environment when a storage tank fails. Types of industrial accidents vary from one place to the next, but most are a result of unsafe conditions and unsafe acts. Unsafe conditions are uncontrolled hazardous situations that can and oftentimes do lead to industrial accidents. For example, storage of large amounts of flammable chemicals in containers not bonded or grounded is an unsafe condition. When not addressed, a single spark can create havoc by igniting the chemicals and starting a huge fire. People can commit unsafe actions when they choose to ignore safe work practices and procedures. If a worker improperly prepares and ships a tanker full of a hazardous chemical, he is committing an unsafe act that may result in harm to humans and the environment if the tanker should leak while en route.

Viewpoint

15W+ 0

Silvln Crowley lawyer 2020-05-28 19:14:24

Standards created by Occupational Safety and Health Administration lead to safer work environments. Before OSHA, national safety workplace standards didn’t exist, and employee injuries and deaths were common events. Created by the Occupational Safety and Health Act of 1970, OSHA protects the safety and health of workers. OSHA develops, implements and enforces regulations for safety and health standards in the workplace. The agency issues standards and guidelines when it determines that a workplace is unsafe. The goal of these rules is to reduce injury and illness rates at work sites. OSHA partners with the National Institute for Occupational Safety and Health, which was also created by the Occupational Safety and Health Act of 1970. NIOSH researches and finds resolutions for large-scale workplace issues. NIOSH focuses on issues that include: 1.Hazardous environment 2.Chemical exposures 3.Contagious diseases

Viewpoint

16W+ 0

Ulysses lawyer 2020-05-27 13:30:01

The U.S. Department of Housing and Urban Development (HUD) has many programs that assist low-income families with housing costs. Section 8 deals with private housing, while public housing consists of entire developments of government-sponsored dwellings. Section 8, or the Housing Choice Voucher Program, gives vouchers to eligible applicants, who then use them to help pay rent in private housing. The tenants put 30 percent of their monthly income towards rent and the voucher covers the rest. Public housing developments are those that are constructed and operated by government subsidies. Tenants pay rent based upon an income percentage formula developed by HUD. Those who meet the low income requirements developed by HUD, which vary by region and are calculated yearly, may be eligible for Section 8 housing. Those who are deemed low income, elderly, or disabled may qualify for public housing. As defined by HUD, low-income families are characterized by incomes that are 50 percent to 80 percent of the area's median income.

Viewpoint

15W+ 0

Jonathan Sherman lawyer 2020-05-22 16:19:04

Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will. Therefore, don't be confused by the title of the document. The purpose of a Living Will is to allow you to make decisions about life support and direct others to implement your desires in that regard. Living Wills are needed because advances in medicine allow doctors to prolong and sustain life although the person will not recover from a persistent vegetative state. Some people would not desire to remain in that state while others would. Extending life when death is imminent to some people is only extending the suffering and prolonging of the dying process. The Living Will allows you to make the decision of whether life-prolonging medical or surgical procedures are to be continued, withheld, or withdrawn, as well as when artificial feeding and fluids are to be used or withheld. It allows you to express your wishes prior to being incapacitated. Your physicians or health care providers are directed by the Living Will to follow your instructions. You may revoke the Living Will prior to becoming incapacitated. The procedures for revocation are provided in the forms listed. To be valid, the proper form must be used for your state and it must be executed in compliance with the laws of your state. Some states require two witnesses to witness your signature or that the form be signed in the presence of a Notary Public, or both. The forms provided on this site indicate which is required. If the form provides for the appointment of an agent, the agent appointed should not also be a witness to your signature. The agent appointed to carry out your wishes is sometimes called a Health Care Representative. The Living Will generally becomes operative when it is provided to your physician or health care provider AND you are incapable of making health care decisions for yourself, such as where you are permanently unconscious or terminally ill and unable to communicate.

Viewpoint

15W+ 0

Patrick Kowalskl lawyer 2020-05-21 12:42:04

Car insurance laws have made it mandatory for all drivers to inform his or her insurance company immediately after being involved in a car accident. A car insurance claim is a request to an insurance company for monetary reimbursement for the physical damage to the vehicle involved in the car accident. Laws and regulations for the insurance claim process vary by state, insurance company, insurance policies, and the severity of the accident. 1.Contact your insurance company as soon as possible. They will walk you through the claims process. 2.Expect to provide details about the accident, including the time, place, date, photos of the scene, a copy of the police report, and names, addresses, and insurance information of everyone involved. If you have witnesses, you may use their account of the accident to support your claim. 3.If there is a dispute between the two parties, be prepared to get a call from the other driver’s insurance company asking for your account of the accident. Investigation A claims adjuster will assess the damage of your vehicle and estimate the cost of repairs. Usually, insurance companies and auto body shops negotiate disagreements about what should be repaired Payment Depending on who is at fault, either party’s insurance company is responsible to pay for the reasonable cost of repairs to the damaged vehicle. If you are not at fault, depending on the type of coverage the other party has, you may be able to seek reimbursement for your collision insurance deductible, time off work, auto rental differential, and the amount of your car’s diminished resale value, in addition to the physical damages to your vehicle.

Viewpoint

16W+ 0

John Uebler lawyer 2020-05-20 12:41:16