PREMARITAL
AGREEMENTS
Weddings have
always been about family and ceremony and celebration.
To keep it that way, many couples are taking
steps to clarify their money matters before
their big day.
Sometimes one (or both) partners who want to get married also want to avoid the
risk of losing assets, income, or a family business in the event of a divorce. [
read full article here ]
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RENTAL
CARS
Spring break puts
many families in mind of a vacation, and rental
cars are often a part of that happy picture.
Still, it pays to remember that the contract
the rental company asks you to sign at the
counter is a legal contract. Make sure that
you read and understand the terms. The contract
should clearly list the base rate for the rental
car, any extra fees, and the length of the
rental period.
[
read full article here ]
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IF
YOU ARE STOPPED BY THE POLICE
It can happen
at any time—a police car appears in
your rearview mirror, red lights flashing.
What now? [
read full article here ] |
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DOG
LAW
Spring is puppy-shopping
season for many dog lovers. But it pays to
remember that although dogs may be a person’s
best friend, they are potentially dangerous
property in the eyes of the law.
[
read full article here ]
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CHOOSING
AN EXECUTOR
Creating
an estate plan requires you to put on your
decision-making cap. You’ll
obviously need to make decisions about
the distribution of your assets. You will
also need to spend some time choosing the
person (or institution) to be in charge
of your assets after you’re gone:
the executor of your will. [
read full article here ] |
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PREPARE
FOR FIRE AND ICE
Winter
can be a hazardous time of year in the home.
Subfreezing temperatures may lead to burst pipes
and related damage. Storms may fell trees and
damage homes. People may slip and fall on or around your property. And
electrical fires are a special concern during the winter months when
people spend more time indoors and increase their use of lighting, heating,
and appliances. It is important to insure against these types of damage
and to make your property as safe as possible for family and visitors
alike. [ read full article
here ]
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LEAVE
FOR MILITARY SERVICE
United
States military personnel are deployed in
nearly 130 countries around the world. Servicemen
and -women perform a variety of duties around
the globe, from combat operations to peacekeeping
to training with foreign militaries. Many
Americans serving in the military have had
to take leave from civilian jobs; thanks
to federal law, however, those jobs are protected. [
read full article here ] |
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LEGAL
UPDATE:
FOILING ID
THEFT IN THE MILITARY
Identity theft occurs when one person uses
the personal information of another person
to commit fraud or theft. In many cases,
identity theft involves someone using your
Social Security number to apply for credit
cards in your name. The thief then runs up
credit card bills, which go unpaid, damaging
your credit record. As a result, you may
be refused loans, cars, and even job opportunities.
[ read
full article here ] |
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INTEREST
RATES AND MORTGAGE WOES
Interest
rates have risen over the past year, which
means that if you have an adjustable-rate
mortgage, your payments are probably taking
a bit more money out of your pocket. A slight
increase in mortgage payments is no problem
for most people, but it may spell trouble
if you need to make other large or unexpected
payments. You also may be concerned if rising
interest rates are combined with falling
house prices in your area, which can make
it difficult to sell your home. Read on to
find out more about mortgages and what to
do if you think you may fall behind on your
mortgage payments. [
read full article here ] |
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BACK
TO SCHOOL ON EQUAL TERMS
Summer vacations are a distant memory, and
students all over the country have packed
their book bags and head back to school.
Many young people—and their parents—don’t
realize that a federal law, Title IX, protects
the right of all students to receive equal
opportunities at school, both inside and
outside the classroom.
[ read
full article here ]
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| REVIEWING
YOUR ADVANCE DIRECTIVE
In
the words of former Supreme Court Justice
Benjamin Cardozo, “Every
human being of adult years and sound mind
has a right to determine what shall be done
with his own body.” Health-care
advance directives are legal tools
that enable you to choose one or more people
to make health-care decisions on your behalf
when you cannot speak for yourself. [
read full article here ] |
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PREAPPROVED
CREDIT CARD OFFERS
If you have a credit card
and a decent credit record, chances are that
you receive dozens of “prescreened” or “preapproved” offers
for credit cards every month. There’s
nothing wrong with these offers. You get
them because companies that solicit new credit
card accounts have asked a consumer reporting
company for a list of people in the database
who meet certain criteria or who have
a certain credit score. [
read full article here ] |
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JOINT
OWNERSHIP AND ESTATE PLANNING
When most people think about
estate planning, they think about writing a
will, in which they bequeath all their worldly
goods to their surviving relatives and friends.
However, some kinds of property, such as jointly
owned property, do not pass through a will.
Instead, when one joint owner dies, the property
passes directly to the other joint owner. This
transfer is immediate, and no probate process
is necessary. [
read full article here ] |
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A
HOW-TO GUIDE TO HIRING
Hiring a new employee to
work in a small business is process fraught
with legal issues. The federal government
and most states have anti-discrimination
laws in place protecting applicants and employees
from hiring and employment decisions based
on race, color, religion, national origin,
sex, pregnancy, age, disability, union affiliation,
or veteran status.
[
read full article here ]
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MEDICAID
ELIGIBILITY:
RECENT LEGISLATION (DEFICIT REDUCTION ACT
2006) IMPACTS ELIGIBILITY
- by Liz Pulliam Weston
Congress is making it a lot tougher to shield
assets in order to qualify for government
nursing-home coverage. That means more families
could face huge bills and wiped-out inheritances.
[ read
full article here ]
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LAW
FIRM UNDERWRITES NEW CD
- article courtesy of
The Daily Record
A local law firm has a special gift for
music lovers this holiday season.
Dale, Bald, Showalter & Mercier, P.A
is underwriting the debut CD by the Ritz
Chamber Players, said Terrance Patterson,
clarinetist and founder of Ritz Chamber
Music Society.
The compilation disc by “the nation’s
only all-black, full-season, classical
chamber ensemble is the law firm’s
gift to acquaint music lovers with the
world-class quality of this exceptional
chamber group and to broaden the chamber
music audience both in and out of Jacksonville,” said
Howard Dale, lead partner of the firm.
[ read
full article here ] |
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RENOVATING
YOUR HOME
Winter is the time when many people begin
planning a home renovation project. Renovation
can be a great way to make your home a
more enjoyable place to live while adding
to the value of what is probably your most
valuable financial asset. This article,
the first in a series, will look at some
first steps in beginning a home renovation
project. What factors should go into your
decision to renovate? And if you decide
to go ahead with a project, how should
you go about setting a budget and paying
for the work? [ read
full article here ] |
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THE
NEW MEDICARE: PART D
As most people know, the federal government
provides a program of basic health care
insurance for older and disabled persons
called Medicare. Practically
everyone age 65 and older is eligible for
Medicare, which consists of three main
parts. Medicare Part A covers medically
necessary care in hospitals and other facilities,
such as skilled nursing facilities and
hospices. Medicare Part B, the medical
insurance part, covers physician’s
services and a variety of other services
and supplies.
[ read
full article here ] |
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LEGAL
UPDATE:
NEW
BANKRUPTCY LAW NOW IN EFFECT
It’s easy to spend too much money on credit cards at any time of the year,
but it can be particularly difficult to stick to a budget during the holiday
season. If you have seriously overextended your credit and have more debt than
you can handle, then you have several options, including credit counseling and
debt consolidation. The most serious step you can take is filing for bankruptcy.
[ read
full article here ] |
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CORRECTING
CREDIT CARD BILLING MISTAKES
Over the holiday period and during
the sales, you will probably use your credit
cards to make dozens of purchases. You also
might return items and have amounts refunded
to your credit card, and purchase items online.
In an age of identity theft, it is more important
that ever to keep track of your purchases
and returns and to pay attention to your
account statements ensuring that no mistakes
have been made. [ read
full article here ] |
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| NEW
LAW CHANGES BANKRUPTCY RULES
A new federal law will change the landscape
for bankruptcies, generally making it more
difficult for consumers to eliminate their
debts and shield assets from creditors.
The bill was signed into law on April 20,
2005, but most of its provisions don’t
go into effect until 180 days later, meaning
that people can still file under the old
law if they act quickly.
[read
full article] |  |
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LEGAL
UPDATE: COMPUTER CRACKING
We increasingly use computers like
filing cabinets—as secure places
to store financial records, tax returns,
and sensitive information. But unlike
filing cabinets, computer files are not protected by a physical key, but
by a private password.
Password-protected files can cause a problem when a person passes away. Often,
the person has not told anyone his or her private passwords, and computer files
are inaccessible to relatives. They must work with a lawyer to figure out how
to get into the password protected files, or hire someone to do it for them.
[read
full article] |  |
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| HEALTH
CARE DECISION-MAKING TOOLS
The Terry Schiavo case brought home a
scenario that we all dread: you suffer
an accident that leaves you permanently
unable to care for your physical needs.
A tube provides all your nutrition. Wires
and monitors envelop your body like a cocoon.
What would you want done in this situation?
Who would you rely on to carry out your
wishes?
[read
full article] |  |
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| TRAVEL
AND VACATION TIPS Whether it’s the beach or the mountains,
the U.S. or abroad, chances are you’re
going on a vacation sometime this summer.
Before you leave, take a moment to read
these travel tips and learn how you can
avoid some common vacation woes.
[read
full article] |
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| PROTECTING
YOURSELF FROM CONSTRUCTION DEFECTS Imagine
you’ve found a site for
your dream home in a beautiful new development
just outside the city. The developer has
built a model home on one lot, and it looks
great. He tells you he can work with an
architect and a builder to construct a
new home for you on the block you’ve
chosen. You sign on the dotted line and
put down a deposit.
[read
full article] |
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| LEGAL
UPDATE: GOOD NEWS ON CREDIT REPORTS
A new law, the Fair and Accurate Credit
Transaction Act (FACTA), helps you make
sure that your credit report is error-free.
Under the law, you have the right to one
free credit report a year from each nationwide
consumer reporting agency.
[read
full article] |
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| TELECOMMUTING
AND THE LAW
Telecommuting seems to be a wave of the
future. Some employers are offering the
option of working from home to employees,
often in a bid to attract highly qualified
women who seek flexibility in their work.
Of course, any offer to an employee to
telecommute cannot be discriminatory.
[read
full article] |
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LIFE
INSURANCE A BIG PART OF ESTATE PLANS
Life
insurance is a unique estate planning
tool, because you pay relatively little
up front
and your beneficiaries get much more
when you die. When you name beneficiaries
other
than your estate, the money passes
to them directly, without probate.
[read
full article] |
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LAW
TARGETS IDENTITY THEFT
You open your mail and
suffer a horrible shock. A credit card
statement appears for a card you never
applied for
and, worse yet, the statement includes
a bill for thousands of dollars of merchandise
that you never purchased. When you check
your credit record, you find dozens of
unpaid
bills that aren’t yours. You are refused
loans, housing, cars, and even job opportunities
on the basis of a terrible credit record
that isn’t your fault. Welcome
to the not-so-wonderful world of identity
theft.
[read
full article]
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LOWERING
TAXES ON YOUR PROPERTY
In every state,
property taxes help pay for schools, police
protection, fire fighting and other services.
While we may disagree strongly on how much
we should be taxed for these services, we
all agree that the system should be fair.
Owners of similar properties should pay similar
taxes. But collecting property taxes involves
a complex process of assessment, and mistakes
are made all the time. This article will
help you understand how the system works.
Your lawyer will be able to advise you on
what to do if your tax bill seems to be out
of line, and could help you save hundreds
or even thousands of dollars.
[read
full article] |
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TAKING
CARE OF YOUR BUSINESS'S LEGAL NEEDS
As a business owner, you’re probably
always on the lookout for ways you can
save money and minimize risk. One of the
best ways to do both of these things is
to anticipate legal problems and cut them
off before they become a big deal.
From time to time, ask your lawyer to do a review of the legal side of the business.
This kind of legal audit can uncover omissions that could be troublesome, such
as the absence of corporate minutes. It can point out changes you need to make
in documents as a result of new laws and regulations. And it can provide you
with the opportunity to discuss potential problems and be better able to deal
with them, at an early stage when they can be resolved efficiently and cost effectively.
[read
full article]
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LEGAL
UPDATE: BILLING PROBLEMS
So you order flowers online for a friend’s
birthday, pay for them on your credit card,
and feel great about it until you find
out that the flowers never arrived. And
then you’re billed for the non-existent
flowers. What can you do: Simple: dispute
the billing error by writing to the credit
card issuer, and withhold payment for the
disputed amount while the billing error
is resolved. [read
full article] |
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PROTECTING
YOUR ASSETS:
NOW
AND IN THE FUTURE
One of the main purposes of the law is
to help you protect your assets, including
your house, your car, and your pension.
The latter is particularly important today,
given that Americans are retiring earlier
and earlier. The current median age for
retirement is sixty-one, and many Americans
are retiring earlier, in their fifties
and even their forties. If you’re
envisioning kicking off your shoes to enjoy
a well-earned rest, you need to understand
what retirement benefits you have coming—and
how to protect your right to them if difficulties
arise.
[read
full article] |
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GIVING
WOMEN CREDIT WHERE IT'S DUE
Under the law, all credit applicants
must be considered on the basis of their
actual qualifications for credit, and
not on the basis of personal characteristics,
like sex, marital status, age, race,
national origin, religion, or reliance
on public assistance income. The Equal
Credit Opportunity Act (ECOA) protects
consumers from the discriminatory credit
practices. In this article, we’ll
look mostly at gender discrimination.
[read
full article] |
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MALPRACTICE
AND THE LAW
You hear a lot about malpractice law
these days—especially when a big
judgment is levied against a doctor or
hospital. However, you may not know that
malpractice law applies to a wide range
of professionals. This article will give
you a general picture of how malpractice
law works. Your lawyer can explain how
malpractice law might pertain to your
particular situation.
[read
full article] |
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SAVING
MONEY IN REAL ESTATE CLOSINGS
A home
is the biggest purchase most people will
ever make, but
a lot of buyers don’t
realize that the home’s price is
only part of what they’ll have
to pay. Closing costs in home purchases
can add another 2
to 7 percent to the total. That’s
a lot of money. Sellers may face closing
costs
as well.
[read
full article] |
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YOUR
GUIDE TO “WILL SUBSTITUTES”
Everyone knows that a will distributes
property, but most people don’t know
about the many other ways of passing property
at or before death. It’s not that
these substitutes completely eliminate
the need for a will. Almost everyone needs
a will to cover property not conveyed in
other ways and to nominate guardians for
minor children.
[read
full article] |
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CORPORATIONS
101:
THE BASICS BUSINESS PEOPLE HAVE TO KNOW
Running your own business? Confused about
your options when it comes to business
structures? There are certainly some features
that you want. You probably do want the
ability to share and transfer ownership.
And you probably don’t want to be
personally liable for the company’s
debts.
[read
full article] |
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