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Posted by on 11:46 am in Heirships | 0 comments

Naming the heirs to your assets and properties and the specific amount of inheritance which you intend to leave to each are the primary reasons why the need for a will. A will should also name the person who you would want to be the executor (the person charged with the administration) of your estate. If your will fails to appoint an executor, then the court will name one instead. An executor should be at least 18 years old and has not been convicted of a felony. While some choose a lawyer, an accountant, or a financial consultant as their executor, others choose their spouse, child, relative or very close friend.

The tasks demanded of an executor, besides properly managing your estate, also include: making certain that all the assets and properties mentioned in your will are accounted for; settling all your debts from creditors and taxes; and, after payment of all debts, distributing the remaining assets and properties to all heirs named in the will.

For the executor to be able to perform all tasks, his/her appointment will first need to be declared and proven legally. This legal act proving an executor’s appointment is included in a court proceeding called a probate.

According to the website of Peck Bloom, LLC, the purpose of a probate is to establish the validity of a will. The whole process actually begins with the filing of your Will at the appropriate court (in the state where you reside). The filing is followed with a request that the court approves your Will, as well as make a formal or official appointment of an executor (an executor who will be formally appointed by the court will be issued a document which proves his/her authority to administrate your estate. This document is called the Letters Probate).

Probates essentially comprise two steps. The first requires payment of all your debts, while the second calls for the distribution of all remaining assets and properties to your heirs. After a death notice (death of the estate owner) has been published in the state’s local paper (this is to give creditors, who may have interest in the owner’s estates, enough period to file a claim against such estate) notice to all heirs identified in your Will should also be made to inform them of any court-scheduled probate.

Due to the many legal requirements associated with making a will or estate plan and the steps involved in the probate procedure (plus the need to know the specific laws of your state regarding all mentioned concerns), it is helpful to seeking the assistance of a knowledgeable, highly-skilled, and experienced probate lawyer. Your lawyer will also help make sure that all necessary legal documents are identify and completed to make sure that your will earns the court’s approval.

Defective Product: The Manufacturer’s Fault

Posted by on 2:51 pm in Dangerous Products | 0 comments

Pharmaceutical companies are legally obligated to make sure that their products are safe and effective in treating serious health conditions and in helping individuals maintain good health. Thus, it is important that before getting approval from the US Food and Drug Administration to have their products be made available for public use, these products, especially prescription drugs, should have first undergone clinical tests which will determine their actual effects on patients.

Sadly, though, despite the different government agencies that are tasked to ensure product safety, many of those that have defects still find their way in markets’ shelves and get sold to unsuspecting consumers. Defective products are not limited to prescription drugs or over-the-counter drugs, but include an endless list of items that Americans purchase and use (every day). Some of the products commonly complained about due to their defects and the harm these have already caused, include: food, children’s toys, motor vehicles, gas containers, milk, dairy products, electronic devices, machines, chemicals, and so forth.

Due to the so many defects reported by consumers, some of whom have already suffered injuries, the Consumer Product Safety Commission has been forced to order thousands of product recalls. With regard to prescription drugs, the government authorized to make recalls is the US Food and Drug Administration. The FDA does not usually recall a drug unless that risks it causes have been proven as outweighing the benefits it provides. However, to make sure that patients are aware of the drug’s potential risks, the FDA advises its manufacturer to clearly state in the drug’s prescription label the possible dangers associated to its use. However, if the drug’s side-effects are severe, then a block box warning, the most serious warning the FDA issues, can be included in the label of the drug.

Unless a product has been tampered with or altered by the seller, the harm it causes will always be the manufacturer’s fault. Proving liability over a defective product is not an easy task, though, due to the complex legal procedures involved in it. Thus, it is best that the victim is assisted by a knowledgeable and skillful personal injury lawyer, who will help him/her decide what legal action to pursue to help him/her get the full amount of compensation allowed under the law.

Consequences of Automobile Accidents

Posted by on 5:31 pm in Automobile Accidents | 0 comments

One of the most common accidents in the world is of the automobile variety. Possibly, this is because automobiles are necessary for daily life in nearly every metropolitan – even some provincial areas – all over the world. It is of no great leap of logic then, to deduce, that there is likelihood that every person will experience at least one automobile-related accident in his or her lifetime. Not to say that these accidents are things to look forward to, as they are anything but that. However, most people just do not exercise the proper caution when on the road and this can lead to accidents.

Even the smallest accident, the simplest accidental brush, can lead to reparations that you cannot afford. There are accidents that cost quite dearly, however, as some are known to have cost the drivers their automobiles or, at the worst possible case, their lives. If these accidents are due to another person or entire party’s negligence, they are to be held accountable for their actions’ consequences and the damage sustained by the victims. This can range from mechanical repairs to medical bills and lost wages, even punitive charges.

According to the website of law firm Crowe & Mulvey, LLP, the victim of an automobile accident – whatever the cause of the accident – is warranted justice and compensation for the damage done. Some automobile accidents are so devastating; they can cost dozens of lives in the single blip of a second that could have been caused by a teeny tiny mistake.

If you or your loved one has been a victim of automobile accident, it is more than understandable for you to just want things to go back to the way things were. Recovery is one of the hardest aspects of having to deal with any damaging accident and it is all you will have to worry about, if you hire the right kind of legal aid to handle the processing of your claim in order for things to flow more smoothly. Experts are more capable of handling legal matters such as this.

Drunk Driving and the Two Automatic Statutory Offenses Drivers are Charged With

Posted by on 5:28 pm in Automobile Accidents | 0 comments

Unless all drivers realize and accept the fact that they put in danger many lives, including their own, whenever they drink and then drive their vehicle, there will always be injuries, deaths and damage to properties.

The US National Highway Traffic Safety Administration (NHTSA) states the drunk driving has always been one of the top causes of motor vehicle accidents in the US. In 2010 it caused 10,228 deaths and accounted for 1.4 million arrests; 9,878 people lost their lives in 2011 due to it, with drivers aged between 21 and 24 being identified as those with the highest alcohol concentration level in their blood, while in 2012, the number of lives it claimed went up to 10,322.

The first blood alcohol concentration (BAC) limit for drivers was determined at 0.15% – this was made through the research efforts of the National Safety Council and the American Medical Association in 1938. Until the late 90s, however, death toll due to driving under the influence had an average of 20,000 annually. In 2000, the US Congress finally passed into law the new national illegal limit for impaired driving: 0.08% BAC.

Presently, two statutory offenses are applied by all 50 US states plus Puerto Rico on those caught under the influence of alcohol while driving:

  1. The first is the charge of DUI (driving under the influence), DWI (driving while impaired/ intoxicated), or OWI (operating a motor vehicle while impaired/ intoxicated). Determination of any of the three takes its basis from the arresting officer’s observations and judgment arrived at through roadside sobriety test results, and the driver’s slurred speech and driving behavior
  2. The second is what is termed as the “illegal per se” or driving with at least a 0.08% Blood Alcohol Concentration (BAC) level

Drunk driving offenses, especially repeat offenses or if someone was hurt or killed due to the accident entails many other legal implications for the liable negligent driver besides the heavy fines, probable jail sentence, community service or attendance in a DUI school. The court may also decide to require the driver to fill out an SR-22 form (also called Certificate of Financial Responsibility (CFR) form or FR-44) and require that an ignition interlock device (IID) be installed in his/her vehicle.

Victims of personal injury in San Diego should contact a personal injury lawyer who can help them file the necessary lawsuit (to bring the liable party to justice) and obtain the full amount of financial compensation allowed by the law. This compensation usually covers a person’s injury related expenses such as hospital bills and lost wages.

Cruise Ship Dangers and Accidents

Posted by on 5:44 pm in Cruise Ships | 0 comments

To ensure the safety of cruise ship passengers, the Safety of Life at Sea (SOLAS), a global maritime safety treaty, has issued the “Safe Return to Port” regulation on all types of ships; this mandate is to guarantee the safe return of all ship passengers back to port. Besides the safe return to port mandate SOLA also requires that all new cruise ships be equipped with self-sufficient, international standard clinics and other emergency facilities.

As far as passengers are concerned, the said mandates are perfect and much needed: the main concern is, how many of these are being observed, because with the frequency and severity of disasters, injury to (and sometimes death of) passengers, crimes committed on board while on cruise, viral outbreak, unsanitary conditions, and many other negative issues involving cruise ships, the mandates appear to be very far from full adaptation.

Pirates, icebergs, and coral reefs, sea storms, and rogue waves – these are never just the usual causes of cruise ship accidents. Leading to much greater inconvenience and, sometimes, worse disasters are accidents resulting from the negligence of ship crew and personnel in maintaining the ship and their incompetence in reacting well during emergency situations.

Thus, concerning one particular ship, some travelers once asked just how many power failures, fires, or other untoward incidents a cruise ship averagely undergoes during its lifetime. This comment (or query) was made after the particular cruise ship in mind was stranded out at sea for five days due to fire (this actually turned what was supposed to be a grand, exotic and exciting adventure into a nightmarish experience to more than 4,000 passengers), had one towline snapping as it was being tugged to port, crashed into another boat and ended with a 20-foot gash on its side after getting unmoored while undergoing repairs, and had to be evacuated by repair workers after nearby fuel barges exploded.

While a cruise ship vacation can really be a perfectly exciting experience, the dangers passengers will face, in the event of an accident can also be truly fearful, especially considering the fact that once it sails, passengers will have limited space and corners to run to for safety. Thus, in the event of an accident, it is very important that the victim contacts a cruise ship accident lawyer immediately. This is because the preparations, the documents that need to be submitted and the procedures that need to be observed, regarding a legal act against a cruise ship, are so much complicated and can only be done at a specific court in a specific state.

Defective Medical Products: Stryker’s Rejuvenate and ABG II

Posted by on 1:28 pm in Dangerous Products | 0 comments

For people suffering from a severely damaged hip joint the Rejuvenate Modular Hip Neck and Stem and the ABG II Modular Neck and Stem were considered as the best solutions that would enable them to be mobile and active again. These prosthetic implants were introduced by Stryker Corp. in 2008 and approved by the US Food and Drug Administration in 2009 to treat people with fractured hip.

Since the Rejuvenate Modular Neck Stem Hip served as a substantial equivalent of the already available Wright Medical Profemur Hip Implant Replacement, but which was then being linked to a number of complications, the FDA accepted it under its 510(k) process and, thus, approved it without the thorough pre-market testing and research requirement that mandated of new products.

The major difference (and advantage) these Stryker products had was their capability to minimize bone stress and provide greater stability which were made possible by the six stems and 16 necks (of the Rejuvenate hip) and the 10 modular necks, eight left stems and eight right stems of the ABG II system. Thus, compared to the one-piece neck and stem (known as the monoblock design) of other hip implant systems, the Rejuvenate and the ABG II gave surgeons much more flexibility in custom-fitting these prosthetic implants into patients.

Using its very own titanium alloy blend, which is a mixture of iron, zirconium, molybdenum and titanium, Stryker was able to claim and assure corrosion and fretting resistance (a case wherein metal particles would flake off and mix into the blood). However, these very claims were proven false as post-market data showed proofs of corrosion and fretting in patients in whom the devices have been implanted. Besides these, the release of toxic metals, loosening of the implant and other side effects (which require corrective surgery) were linked to the devices – the cause of a succession of lawsuits against Stryker Corp.

Before Stryker voluntarily recalled its Rejuvenate in July 2012 more than 20,000 patients all across the US had already received the implant. The two most dangerous side-effect of the device, which were the most common bases of the lawsuit also, were implant failure and the increased risk of metallosis, an unfavorable condition of tissues due to heavy metals inside the body (this is caused by metallic corrosion which, in turn, is due to the rubbing of metallic surfaces against each other).

Since 2012, hundreds of lawsuits have already been filed against Stryker. It is important that individuals who have been implanted with the Rejuvenate or the ABG II system contact a Stryker hip implant defect lawyer immediately as he/she can help in the process of assessing any possibility of a side-effect and, thus, help the individual file a lawsuit.

Consulting an Arvada personal injury lawyer is another wise option as he/she can help the individual harmed by the product to file a civil lawsuit that can lead to the receipt of compensation needed for the costly medical treatment and to cover all present and future damages resulting from the implant injury.

Effect of a Criminal Charge to a Divorce Case

Posted by on 5:45 pm in Criminal Charges | 0 comments

A healthy marriage is always beneficial to the mental and physical health of spouses and their children; it can always cushion any member of the family too from the negative effects social, educational and other types of problems.

So many marriages in the US, however, deviate from the healthy path and rather end up in divorce. A lot of studies, in fact, show that between 40 and 50 percent of couples divorce after just some years of living together; worse, the divorce rate for succeeding marriages is still higher.

Already a stressful and an emotionally-draining experience, the divorce process becomes even tougher when the issues that need to be settled, like child custody, division of property, assets and debts, will and testament, and others, become contested (this happens when each spouse fights for his/her own interests, never wanting to give in to the request/want of the other). Failing to reach any agreement (on their own) regarding the divorce-related issues, all decisions will have to be made by a family court judge based on factors and/or evidences that will help him/her arrive at justified and sound decisions.

It is in a contested divorce that each of the spouses will definitely need the assistance of an excellent family law attorney, like a divorce lawyer in The Woodlands, to be able to move the court to decide on his/her behalf (hopefully without resorting to character assassination, which will put down his/her ex-partner). And there are instances (to abide by the rule that some decisions, such as on child custody, child support and visitation rights, will have to be made in consideration of the child’s best interests) when one will need to expose the recent or current wrongdoings of another to make sure that the children (especially) will never be affected and made to suffer from these parentally-unfit behaviors.

These wrongdoings include past arrests and convictions, like child abuse, DUI or alcohol and/or drug abuse/dependence. More than anything, it is being charged with a drug crime that can make winning divorce-related issues very challenging, especially in states where fault grounds for divorce are still observed. And the more recent a criminal charge is (or if the act can be established to be a pattern), the more the judge will rule against the erring spouse.

If the drug charge was made many years ago, however, and if the spouse charged or convicted of the crime has undergone a complete rehabilitation program, rendering him or her cured from the abuse or addiction, then the court can overrule such past wrong act and even consider it inadmissible in a divorce trial. This is based on the (family law) context that the remoteness of an act cannot be admitted as evidence against a person, more so if such act is not part of a repeated pattern, is not is likely to be repeated and has been corrected through a treatment or rehabilitation program.

Another very important thing one ought to consider when charged of a drug crime is to contact a Cape Cod drug crimes lawyer immediately. Being a highly competent legal counsel, he/she has the capability to help save the person from the drug charge, as well as advice him/her on what actions to take to remedy any other legal issues that may arise from the charge.

The Brazilian Blowout

Posted by on 3:23 pm in Beauty and Health | 0 comments

Whether it’s a haircut, hair coloring, hair styling, hair and scalp treatment, hair extensions, flawless makeup, special updo, makeup application, bridal application, and so forth, Therapy Hair Studio promises only one thing: service that will bring out unique inner beauty. And with its latest service – the Brazilian Blowout now available, you can have perfect hair to match the beautiful you.

When it comes to effective professional hair treatment, the Brazilian Blowout is the latest craze around the world. This straightening (and smoothing) hair treatment rids the hair of frizz, leaving it wonderfully soft, smooth, and full of life! It works by locking keratin inside the hair to make it healthy, silky, and radiant, instead of curly and frizzy. But to make sure that the intended result is just what clients will get, the Brazilian Blowout hair treatment should be performed only by a duly certified stylist. This is due to the chemicals and the amount of application to be used in the treatment. It is therefore necessary that clients tell the stylist about any type of allergy they may have, as the chemicals to be used may cause negative skin and/or scalp reaction or damage.

Individuals, who have damaged, frizzy, course, curly, Japanese straightened, permed, or processed hair are some of the best candidates for the Brazilian Blowout treatment. For those with very curly hair the treatment may only minimize the frizz; it will, however, make the hair much more alive, smoother and much easier to manage. This is the same for those with highlights or hair color, besides making the color of the hair more enhanced and alive.

The effects of the Brazilian Blowout usually last from 2 ½ – 3 months and, with regular treatments, the effects will tend to last longer, besides making the hair still healthier, smoother and more beautiful.

Rollover Accidents and the Statute of Limitations for Filing a Personal Injury Lawsuit

Posted by on 11:44 am in Automobile Accidents | 0 comments

Many of those intending to buy a vehicle choose an SUV due to the belief that this type of vehicle is much sturdier compared to cars, providing greater safety for its driver and passengers from severe injuries in the event of an accident.

Rightly so! With its size being bigger it can fare well enough in side-impact and head-on collisions; however, it’s a completely different issue if the accident is a rollover – a deadly type of crash to which SUVs are the types of vehicles most prone.

According to the Insurance Institute for Highway Safety (IIHS), modern SUVs are far more stable and safer compared to those manufactured five or ten years earlier. The major change is the incorporation of the electronic stability control (ESC), which gives the driver greater control of the vehicle, especially when the vehicle skids. ESC, specifically, has sensors capable of detecting loss of vehicle control. The device applies automatic brakes on the appropriate wheel, thus enabling the driver to be in control until the vehicle is back on track. ESC is also designed to help eliminate any possibility of oversteering or understeering, improve traction on slippery and icy roads, make the vehicle stable during sudden turns, and improve handling on gravel patches and road shoulders.

An SUV’s high ground clearance (or high center of gravity) and narrow track width (that is the distance between the left wheels and the right wheel) are the major reasons for its greater susceptibility to rollover. The extra weight from passengers, cargo and other heavy equipment (especially if the equipment are loaded on top of the vehicle) increase the risk of the vehicle tipping over.

Thus, in the event of a rollover accident, it is important that a victim, or his/her family, contact a SUV rollover lawyer immediately to help him/her earn the monetary compensation that he/she legally deserves. There are instances, however, when an injury is internal, manifesting itself months after the accident occurred. A Broomfield personal injury lawyer can very well help a victim still file a motor vehicle accident lawsuit, especially if the accident is still within the statute of limitations allotted by the state where the accident happened (the statute of limitation is a legal rule which determines the time limit for a victim to file a lawsuit. It differs from one state to another and may start from the time that the accident occurred or the time when the injury was discovered. In Colorado, for instance, the state allows three years for car accidents, while in Texas, the time limit is two years).

If in case, due to physical inability, the victim fails to file a lawsuit within the statute of limitations, then his or her personal injury lawyer or SUV rollover lawyer can request the court to have the statute of limitations tolled (Tolling is a legal policy that allows for the delaying or pausing of the running of the period of time imposed by a statute of limitations).

Financial Concerns for Families: On Student Loan and Car Insurance

Posted by on 9:55 am in Finance | 0 comments

The U.S. Department of Education very recently released information which said that majority of student loans (Direct Loans from the Education Department) are either falling behind in payment or are not being paid at all – this means billions of dollars not being returned to the government.

From the $1 trillion total amount of student loan debt in May 2012 (made by 37 million Americans), the amount has gone up to $1.17 trillion as of July 2014. This makes majority of those finishing college already facing a $25 – $30 thousand dollar-debt, which they need to pay beginning on the 6th month after graduation (these individuals are assumed to have found work already by such time).

Students rather prefer to apply for the federal government-funded Federal student loans than Private Student loans (which are funded by the school, a state agency, a credit union, or a bank). This is because the former has a fixed and lower interest rate, does not require a credit check, payment may temporarily be postponed or lowered due to financial hardship, does not impose pre-payment penalty fees, and so forth.

Despite the debt even before starting a professional career, those who have already finished their education and have began paying their debts, which they claim they will have to pay for quite a long time, do not feel any regret since they believe that the loan has enabled them to achieve a better and higher status of life.

There have been cases wherein a student, who has applied for a loan, is also receiving a grant, making the loan amount more than enough to cover school fees for the whole year. Some of those in this situation (even a number of those without a grant but with a loan more than enough to pay for their education) find it wiser to use the excess amount to purchase a car as this will prove more economical than using public transport every day.

Having car insurance, however, is one of the basic requirements for one to be able to enjoy driving privileges; but, due to the lack of capability to afford high car liability insurance premiums, the need for a much affordable car insurance policy is highly necessary – a case wherein choosing a Chicago car insurance policy, which can be tailored to fit the needs and budget of people, would be the wisest decision.

Realizing how student loans have helped them earn a degree and improve their lifestyle, these graduates, as mentioned above, do not regret having debts to pay for many years after graduation. Payment, of course, becomes possible due to having found a good-paying job. But this is not the case for others, who continue to struggle in finding steady employment. And without the ability to earn wages, paying their education loans becomes a big concern.

Since education loans are secured debts, these cannot be dismissed even if the student files for bankruptcy; by doing so, however, he/she can have the chance to repay the loan in a way that will never be burdensome for him/her.

A Birmingham student loan lawyer would be able to help greatly in making the student understand the best options he/she has in settling the debt. Whether it is through the filing of bankruptcy or through other means, there will always be a legal solution available.