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What is the financial planning process?

It is a systematic approach of identifying goals, gathering data, obtaining recommendations, then implementing strategies to accomplish these goals. The result is a comprehensive written plan consisting of: 1. Cash flow management 2. Retirement planning 3. Risk management 4. Investment planning 5. estate and, elder law planning. While the financial planning process may be the same regardless of one’s age, retired individuals have unique needs and considerations. Their income will no longer be dependent on their labors, but will generally come from a combination of personal investments, retirement plans and government benefits. Retirees are faced with the prospect of managing their investments wisely to produce an adequate current income, while protecting purchasing power from inflation. Most traditional pension plans do not have cost of living adjustments. While social security is indexed for inflation, this benefit provides only a base of retirement income for most individuals. For the affluent, social security may account for only 20% or less of desired income. Many early retirees will have 30 or 40 years during which they will have to rely on their investments to maintain their desired lifestyle. At the same time, they need to be prepared for lifestyle changes in the event of health problems.

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Gella Klausner lawyer 2020-04-08 20:16:06
Basic Requirements for a Medical Malpractice Claim

A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly. The doctor was negligent. Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor's care is not required to be the best possible, but simply "reasonably skillful and careful." Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. Almost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from that standard. The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury. The injury led to specific damages. Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can't sue for malpractice if the patient didn't suffer any harm.

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Silvln Crowley lawyer 2020-04-07 13:52:57
Here’s a quick look at the real consequences of refusing a Breathalyzer.

If you refuse a Breathalyzer test, you will most likely face serious consequences. For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time. While you may not be under arrest at this point, refusing a Breathalyzer may not be such a great idea as prosecutors may still base a potential DUI/DWI charge on other evidence collected at the scene, including officer observations, witness testimony, or the results of a field sobriety test. In certain jurisdictions, your refusal may be used against you in any possible trial. And some state laws distinguish between refusing a mobile Breathlyzer (which can carry a small penalty) and refusing a post-arrest blood, urine, or breath test at a police station or hospital (which can result in more severe penalties). Since driving is considered a privilege and not a right, states can suspend or revoke your driver's license, levy fines, or even put you in jail for not submitting to a BAC test when suspected of a DUI. Under "implied consent laws," drivers have implicitly consented to a BAC test in exchange for driving privileges. Therefore, you essentially surrender your driving privileges if you refuse a Breathalyzer. States will generally penalize drivers for refusing to take the test by suspending their license for up to 12 months, depending on the state. Those with past DUI convictions can face even longer suspensions or jail time. However, some drivers may decide that the penalty for refusing a BAC test is less severe than a third or fourth DUI conviction. On average, 20 percent of those suspected of driving under the influence refuse to take a BAC test, according to the National Highway Traffic Safety Administration (NHTSA). But major differences in state-by-state refusal rates (for example, 2.4 percent in Delaware and 81 percent in New Hampshire) suggest wide variances in how implied consent laws are enforced. It is therefore important to know how your state enforces DUI penalties.

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Ulysses lawyer 2020-04-03 20:31:32
Spousal Support options in a Divorce

Alimony may be paid in one lump sum or on a temporary or permanent basis. The court typically will consider the circumstances of each partner when deciding on how much and how long assistance is needed. Rehabilitative alimony is granted for a specified time period. It provides the recipient with the funds to obtain the job skills and education needed for him or her to become self-sufficient. This type of spousal support is also available to the stay-at-home parent who takes care of the children. Although the court order or agreement specifies a duration for rehabilitative support payments, this alimony can be reviewed at the end of the set period. The court or divorcing parties must include a review provision in the agreement. The paying spouse has the right to stipulate in the agreement that there be no review. However, the court can override the payor's wishes and continue the support due to hardships such as the illness or incapacity. Lump-sum spousal support is often granted in lieu of a property settlement. This is a fixed amount paid regardless of the recipient's situation, i.e., remarriage, cohabitation, or lack of financial need. Lump-sum alimony could also be paid to the estate of the deceased recipient. The amount awarded is equal to the total of future monthly payments. Permanent spousal support continues until the recipient remarries or either payor or payee dies. Some states will terminate or suspend permanent support if the recipient cohabitates with another partner. In this case, the court would consider whether the third party was providing support for the recipient and whether the living situation was similar to a remarriage.

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Terrance Gwiriri lawyer 2020-04-02 10:12:13
Creating a Criminal Defense Strategy

After the criminal defendant tells their story to their criminal defense attorney, they will probably collaborate to come up with a strategy that will work best. Coming up with a defense strategy isn't as simple as telling the truth in a way that shows the defendant's innocence or lessened legal culpability. Instead, it will often involve weighing witnesses' credibility, figuring out the reputation between the community and the police. All of these considerations will go into making a "theory of the case" that will be based upon the defendant's story as well as other provable facts. Suppose that a criminal defendant has been charged with burglary. The defendant goes to an attorney's office and tells their story, which they also confessed to the police after being arrested. Apparently, the man was identified by an eyewitness shortly after the burglary took place. The witness isn't certain of the identification, but is "pretty sure" he got the right face. The defendant tells his attorney that, although he was present at the scene of the crime, he didn't take part in the execution of the crime, but he went along so that his friends wouldn't think less of him. Additionally, when the defendant was arrested, the police didn't inform the defendant of their right to be silent or the right to have an attorney present when questioned. This story would best be classified as a "confession" story because the defendant knew about the crime and was present while it was committed. However, the defense strategy would most likely be based upon a theory that the police used a weak eyewitness's account to make a stronger case then they should have and bullied the defendant into giving a confession. This is a theory that is based in truth and shows the defendant in a better light. The defense attorney would probably file a pre-trial motion asking for the confession to the police to be omitted from the record because the police engaged in an unconstitutional questioning by not reading the defendant a Miranda warning. In addition, the defense attorney would also probably try to question the eyewitness and show that the identification was so flimsy that it would not establish "beyond a reasonable doubt" the true identify of the perpetrator. This theory could have its goal for the case to come back with a verdict of not-guilty, or for the prosecutor to offer a plea bargain to a lesser charge.

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Patrick Kowalskl lawyer 2020-04-02 09:58:12
Have Your Rights Been Violated While Looking for Work?

Prior to and during the hiring process, prospective employees enjoy a number of rights under the law, including anti-discrimination laws and the law of "implied contracts." If you believe that your rights have been violated during the hiring process, whether or not you were eventually hired, you should speak with an experienced employees' rights attorney to discuss your options and protect your legal rights. Hiring Process Whenever an employer seeks to hire a new employee, there are a variety of things the employer must do before the new employee may begin work. These steps include: Obtaining a federal employment identification number for each new employee, from the Internal Revenue Service (IRS). Registering with their state's employment department for payment of unemployment compensation taxes for each new employee. Setting up employee's pay system to withhold taxes to be paid to the IRS. Obtaining workers' compensation insurance. Preparing an Illness and Prevention Plan for the Occupational Safety and Health Administration (OSHA). Posting required notices in the workplace as required by the Department of Labor (DOL). Assisting employee with registration for employee benefits. Reporting federal unemployment tax to IRS. During the hiring process, employers should avoid making promises to a prospective or new employee, as any false statements or false promises may result in breach of an "implied contract" under the law. For example, a promise that stock options will be worth a given amount, that the employee has a job for life, or that the employee will receive significant pay increases may result in such an implied contract. So, if these promises are not kept, the employer can be said to have breached the implied contract, and will be responsible to the employee for any damages the employee incurred in relying on the employer's promise.

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Yates Hirschi lawyer 2020-03-31 20:37:07
What Not to Include When Making a Will

Property that shouldn’t be included in your will is any type that is already subject to laws regarding its distribution upon your death. The most common types of such property include the following: Property held with a right of survivorship: Community property with the right of survivorship and property held in joint tenancy or tenancy by the entirety will pass automatically to the co-owner upon your death, and nothing you write in your will can change that. Property held in a living trust: A living trust is specifically set up to facilitate the transfer of property upon the grantor’s death and to bypass probate. Accordingly, the beneficiaries of a living trust automatically receive any property held by the trust upon the grantor’s death. You can always change the terms of a revocable trust during your lifetime by amending the trust documents, but you cannot do so through a will. Life insurance or annuity proceeds: The beneficiary named on a life insurance or annuity policy automatically receives the proceeds. Proceeds from retirement plans, pensions, IRAs, and 401(k)s: As with life insurance proceeds, these pass directly to the beneficiary named on the forms. Pay-on-death bank accounts: Money in a pay-on-death bank account goes automatically to the beneficiary listed. Transfer-on-death (TOD) property: Stocks, bonds, real estate, or vehicles may be held in beneficiary this way, and they pass automatically to the named beneficiary.

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Kongove Mathis lawyer 2020-03-28 14:02:23
Five Myths about Common Law Marriage

Most people are fuzzy on the specifics of common law marriage. So let's start by putting one of the most common misconceptions to rest. If two people live together for seven years (or any other number of years), they aren't automatically common law spouses. Interestingly, the idea of common law marriage actually dates back to medieval England. It simply came about due to transportation difficulties and limitations. Clerics and justices who officiated at marriages were not always able to travel to couples in rural locations. In such cases, the couple could establish a marriage by "common law." Today, common law marriage isn't a result of geographic isolation, which might explain why it's been abolished in so many states. Now, it results from a couple's actions. A common law couple never obtains a marriage license or fulfills the state's statutory marriage laws. Typically, this means the couple has cohabitated for a period of time—usually a year or more—while having an agreement to be married. Also, they must present themselves to the larger world as husband and wife. As mentioned, common law marriage is not recognized in most states today. So regardless of how many years you live together, you don't have to worry about a common law marriage. States that do recognize common law marriage include the following: Alabama, Colorado, District of Columbia, Georgia (if created prior to 1997), Idaho (if created before 1996), Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Ohio (if created prior to 10/1991), Oklahoma, Pennsylvania (if created before 9/2003), Rhode Island, South Carolina, Texas and Utah. Same-sex relationships or marriages are never recognized as common law.

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Ulysses lawyer 2020-03-28 13:57:00
What are Pocket Bikes?

Pocket bikes -- also called "mini-motorcycles" or "pocket rockets" -- are small gas-powered bikes that look like miniature replicas of full-sized motorcycles. Despite their small size (about two feet high and weighing around 40 pounds), pocket bikes typically come equipped with 40cc engines, and can reach speeds up to 40 to 50 miles per hour. Are Pocket Bikes Legal to Ride Where You Live? Many states and municipalities have enacted laws that specifically ban the operation of pocket bikes and mini-motorcycles on public streets, roads, and trails. In some states, this is simply because (safety issues aside) pocket bikes typically do not come equipped with features like turn signals, mirrors, and horns -- equipment that is required in order for a vehicle to be considered "street legal" under some states' vehicle and traffic codes. What's more, since pocket bikes usually cannot be insured or registered, this fact alone makes them illegal to operate on public roads in many states. For example, in California and Texas, operation of pocket bikes and mini-motorcycles is illegal on all public streets, sidewalks, and trails. Legal operation of pocket bikes in these states (and many others) is limited to private property only. In Texas, for instance, an individual operating a pocket bike on a public road may be cited for operating an unregistered vehicle; driving without insurance; driving without a license; and failure to meet certain equipment standards. These types of violations usually are punishable by fines but could result in suspensions and other penalties.

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Silvln Crowley lawyer 2020-03-27 20:32:34
What is the definition of bankruptcy?

Bankruptcy is a generalized term for a federal court procedure that helps consumers and businesses get rid of their debts and repay their creditors. If you can prove that you are entitled to it, the bankruptcy court will protect you during your bankruptcy proceeding. In general, bankruptcies can be categorized into two types - "liquidations" and "reorganizations." Among the different types of bankruptcies, Chapter 7 and Chapter 13 proceedings are the most common for individuals and businesses. Chapter 7 bankruptcies normally fall in the liquidation category, meaning your property could be sold in order to pay back your debts. Conversely, Chapter 13 bankruptcies generally fall under the reorganization category, meaning that you will probably be able to keep your property, but you must submit and stick to a plan that will allow you to repay some or all of your debts within three to five years. Chapter 7 Both individuals and businesses are allowed to file for Chapter 7 bankruptcy. These proceedings typically last between three and six months. Liquidation of property - In a Chapter 7 bankruptcy proceeding, some of your property may be seized and sold to pay off some or all of your debts. However, as a benefit of this type of bankruptcy proceeding, any unsecured debts (debts that are not guaranteed by collateral) will be wiped out. In addition, there are certain types of property that cannot be sold in order to pay off your debts, such as the furniture in your home, you car and your clothes. Secured debt - Secured debts are treated differently than unsecured debts in a Chapter 7 bankruptcy proceeding. In a Chapter 7 bankruptcy proceeding, you (the debtor) have to make a choice between allowing the creditor to repossess the property that secures the debt, continuing to make payments on your debt to the creditor, or paying the creditor a sum equal to the replacement value of the property that secures the debt. In addition, some types of secured debts can be wiped out during a Chapter 7 bankruptcy proceeding. Chapter 7 Eligibility - Before you can file for Chapter 7 bankruptcy, you must be able to show that you are eligible to file for Chapter 7. To be eligible for Chapter 7, you cannot make enough money (minus certain expenses and monthly debt payments) to be able to fund a Chapter 13 bankruptcy repayment plan. There are other requirements to be eligible to file for Chapter7 bankruptcy. Debts that will not be wiped out by Chapter 7 bankruptcy - While credit card debt, unsecured loans, and other debts can be forgiven in Chapter 7, things like child support, taxes that are due, and alimony payments cannot be wiped out. For more debts that will remain after a Chapter 7 bankruptcy proceeding, see Debts that Remain After a Chapter 7 Discharge.

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Terrance Gwiriri lawyer 2020-03-26 12:43:00

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