Best Law Now

Browsing Best Law Now blog archives for June, 2010.

How to enrol for a legal plan?

Are you thinking of getting on the pre-paid bandwagon? Choosing a
particular enrolment method can be very important in determining the
benefits, costs and conditions of coverage of your legal plan.

A voluntary enrolment refers to a membership of a legal plan where people
voluntarily subscribe to a pre-paid legal service in response to a direct
email offer, during an employers open enrolment period or during
individual sales representations. In this arrangement, you pay the prepaid
charge, get the standard discounts open to all other members of the plan
and get the coverage as per the terms and conditions of the plan.

In a group plan, all members are automatically included in the plan because
of their status as a group. For instance, many employees enjoy a 100%
participation in legal plans sponsored by their employers. They do not have
to pay any pre-paid charge or premium, as legal coverage in the work place
is now regarded as an employee fringe-benefit.
Some universities also provide legal coverage for their students, financing
the plans from their general tuition fees.

How to enrol for a legal plan?

Are you thinking of getting on the pre-paid bandwagon? Choosing a
particular enrolment method can be very important in determining the
benefits, costs and conditions of coverage of your legal plan.

Minimising Tax Liability On Death

When we die, most of us leave behind a fairly substantial and intricate web of assets and liabilities, including money, our home and our other possessions. In most jurisdictions, there arises a liability to tax on death that must be borne from the totality of the estate, and this can lead to a significant reduction of inheritance for our loved ones. Having said that, there are a number of ways in which liability to tax on death can be vastly reduced whilst still ensuring sufficient legacies and provisions mortis causa. In this article, we will look at some of the most salient ways in which one can seek to minimise his estate’s liability to tax on death, and ways in which careful planning can help increase the legacies we leave behind.

Tax liability on death usually arises through bad inheritance planning, and a lack of legal consideration. Of course to a certain extent it is unavoidable, but with some care and consideration it is possible to reduce liability overall. There’s absolutely no point in making legacies in a will which won’t be fulfilled until after death and which haven’t been properly considered in light of the relevant legal provisions. If you haven’t done so already, it is extremely advisable to consult an attorney on minimising liability on death, and on effective estate planning to avoid these potential problems and to ensure your family are left with more in their pockets.

If you intend to leave legacies to family members of a specific quantity or nature, it may be wise to do so at least a decade before you die, which will ultimately divert any potential legal challenges upon death which would give rise to tax liability. Obviously there is seldom any way to tell precisely when you are going to die, but making legacies at least a decade beforehand avoids any liability that might be attached on death. In effect, donating during your lifetime well before you die means you can still provide for your family and friend without having to pay the corresponding tax bill.

Another good way to minimise tax liability is to get rid of assets during your lifetime by way of gifts to friends and family. One of the most effective ways to do this is to transfer your house to your children during your lifetime, or to move the house into a trust for which you are a beneficiary. This means you remain functionally the owner, but legally, the asset doesn’t feature in your estate on death and therefore doesn’t attract tax liability. Again, it is of great importance to ensure that the transfer is made well before death to avoid potential challenges and potential inclusion in the estate which would lead to inheritance tax liability.

Death is a particularly important phase in our lives, particularly in legal terms. The change between owning our own property and distributing ownerless property provides a range of challenges, and the controversial tax implications can cause serious problems. Without careful planning and an expert hand, it can be easy to amass a significant tax bill for your loved ones to bear. However, with the right direction, it can be easy to use the relevant mechanisms to minimise the potential liability to tax on your estate upon death.

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How To Break The News Of Divorce To Your Kids

Divorce can be a traumatic experience for your children. No matter how old they are, the divorce will be hard for them to understand and eventually to accept. Some children in fact harbor hopes that their parents will get back together even after several years of living apart.

Many children feel that they are the ones at fault when their parents break up. Although this may seem illogical to adults, children can find associations in the most incongruous of things. As often attested by revelations during therapy, children often feel that they could have done something to prevent the break-up in the family. There are those what ifs and could have beens. If they were good and obedient children, would they have prevented the split? If they did not get into trouble in school, would their parents stay together?

One of the crucial moments that parents should take note of and prepare themselves is the way that they will break the news to their children. Although explaining it properly will not necessarily lessen the pain of knowing that their parents will be splitting up but at least a proper explanation will help prevent misunderstandings especially in what caused the break up in the first place.

Remember that young children are very impressionable. Everything that you do, whether you want them to see or not, can mean something. It is important that you tell them whats going on to avoid misrepresentations.

Below are some tips on how to break the news of the divorce to your kids.

Never make them feel that they have to choose.

Divorce is a traumatic experience as it is without asking the children to choose sides. This will put them right in the middle of marital trouble. This is not fair because the kids are not really part of the problems that you and your partner are having. Pressuring them to judge who is right and wrong can worsen the trauma that they will be experiencing.

Still, during custody battles, choosing sides cannot be avoided. Although in some cases, especially if the children are a bit older, they are asked to choose which parents they would rather live with.

Never badmouth your partner

Remember that whatever happens, your partner is still a part of their lives, someone who they need to respect and love. Whatever troubles that you have in your relationship should not affect the children in any way. As long as your partner is doing his best to provide for the kids and is a good father, there is no need for them to know what a rotten person he can be sometimes.

Explain clearly.

Although your children will not necessarily understand completely what is going on, there is no need to create fantastical explanations. Just tell them the truth, that you are going to start living apart and they may have to live with each of you separately or live with one parent for the rest of their lives.

Consider their feelings and try to talk to them about it Divorce can be painful for the couple as they are the ones directly involved but you must remember that kids are very vulnerable and they are not as resilient as adults.

It is not enough that you tell them whats going on. You also have to ask them what their feelings are about what happened. This way, you are able to address their fears and insecurities right then and there.

As mentioned before, kids often feel that it is their fault that their parents are breaking up. You have to reassure them that this is not true and they were not in any way at fault.

Tell them that its ok for them to talk to you about it.

Children will have questions about what happened. They might not be able to verbalize it just yet but they will eventually reveal what bothers them about the situation. Encourage them to come and talk to you if they have additional questions. Tell them that its ok for them to tell you how they feel and they will be very much welcome to ask you anything they want. Keeping the communications line open will help ease the tension and clear up a lot of potential sources of misunderstandings.

Credit Card Debt after Divorce

It is true that marriages are made in heaven. But everything falls flat on their butt once a marriage hits the rocks. Every bit of reconciliation fails and divorce seems to be the only way out. If everything both financial and other aspects – is settled before parting ways, then we can say – all is well that ends well. But if the separation is not so amicable and there is some sourness left somewhere in terms of an unsettled financial debt, things can turn both ugly and complex.

One such difficult situation arises when one of the partners incur a credit card debt, and the credit card debt after divorce assumes the form of a Damocles sword in the form of collection people, constantly nagging either of the ex-spouses to settle the due. The situation is a bit tricky here because whether the person who incurred the debt or the other ex-spouse has the real responsibility of making the payment is still not defined clearly by the law. The situation gets more complex when it comes to joint accounts. But let us see the credit card debt after divorce now.

Credit Card debt after divorce mostly in joint credit cards is generally seen by the creditors as the joint responsibility of the couple. Actually the spouse who didnt incur the amount is not liable to pay, but the credit card company may seek payment from both the parties as they care only about the money due to them. What settlement had been reached after divorce is of little interest to these people.

One may feel that closing out credit card accounts (joint) is a solution to all these problems. If you have a responsible spouse, well this will work. But the fact is that the account does not cancel itself until somebody makes the payment. Also, after divorce, it is legally not practical to divide the debts. Hence these are some practical solution, from best to worst.

- Sell any joint asset (say, home) and pay the debt and close the account. It is a classic example of killing two birds with a stone.

- Separate credit cards can be a better option in such a situation. After applying, get the dues transferred into individual cards, divided according to your own logic or the way you spent.

- In this regard, if one of the spouses is not qualified to get a card, get one of the relatives to cosign the card before transferring the share of balance.

But, rather than being through this ordeal, the best option is to get yourself everything settled before divorce. It is always a pain to go behind all these joint issues when you are about to start a new life. Take Care!

Help! I’m in the UK and I need divorce advice

Divorce is always painful, especially if it comes after bitter courtroom battles. But you can avoid a lot of pain by hiring the right divorce solicitor. This may not be easy. There are many legal offices and many solicitors. Finding the right one, therefore, requires time and effort. Here is a step-by-step guide.

Make a shortlist

First, shortlist solicitors who specialise in divorce and family law. Ask friends and relatives for their recommendations. Next, get in touch with professional associations such as the Resolution (formerly Solicitors Family Law Association) and the Children Panel (if you have children) and ask for a list of their members. You can also pick from the solicitors listed in the Community Legal Service of the Citizens Advice Bureau database. Finally, and as a last resort, you may also scan the Yellow Pages.

Discuss, check, identify the best

Now zero in on one solicitor who you think would be just right for you. Visit or call the solicitors on your shortlist, take appointments with each and discuss with each the details of your case. Ask questions and try to assess who appears to be the most knowledgeable, competent and trustworthy. Usually, your initial discussions with the solicitors will be free of charge. So, make good use of them.
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Look at track record

If you think in your case the divorce part would be easy but disputes may arise regarding child custody, go for a solicitor who has won difficult child custody cases in the past. Similarly, if you think proving adultery or infidelity would be critical in your case, pick a solicitor who has a successful track record in similar cases.

Know about all services

Through your interviews try to find out the entire range of services provided by each solicitor. Often a divorce case may affect businesses and trusts. In that case pick a solicitor who can provide mediation and related services. If there is something unique about your divorce, look for a solicitor with a family law specialization.

To verify this, check for affiliations whether the solicitor is a member of the SLFA Specialist Accreditation Scheme or of the Law Societys Family Law Panel, an organisation whose members have a verified deep knowledge of family law.

Check out fees and costs

Always make it a point to fully understand the fee structure of the person or firm you are hiring. Larger firms have prepared brochures listing their services, payment terms and appropriate charges. Read these thoroughly and ask questions to clarify all doubts. Be frank about your budget and your needs. Dont lose simply because you ended up being in a situation where you were unable to bear the costs of litigation any more.

Go with your gut feeling

While there are no fixed rules to determine who would be the best solicitor for you, often a surprisingly good indicator is to go by gut feeling. If you can trust somebody and are confident of his/her abilities, go ahead and hire him or her. But if in meeting the individual you find yourself questioning their abilities, move on. Family law is a bar primarily focused on negotiation and personal relations, so if you do not like the individual, chances are they will not perform up to par.

Selecting an excellent solicitor will mean not only that will you not have to worry about falling into a legal trap, but further, it will give you confidence and knowledge as to how your case will play out.

How to avoid divorce

Every marriage hits a rough spot occasionally. And while not every marriage should attempt to be salvaged, a great many more than are saved today should and can be through concerted efforts. So, the first step in avoiding divorce is recognizing that the fact that you have come to this point in your relationship is not unusual, but it does indicate that something must change if it is to survive. But before you go through a mental litany of everything that needs to change as justification for giving up, realize that there is help out there and if you are willing to put in the time and commitment, you can make your marriage work even when it seems that you and your partner have reached the end of the road.

Marriage Counselling

Marriage counselling can be a very effective instrument in putting a marriage that seems to be going down the divorce path back onto the right track. Counselling helps couples to identify the root of their marital problems and solve them with a little help from a professional counsellor trained in mediation. Finding an effective marriage counsellor, however, requires a bit of work on your part. Many counsellors will offer a free consultation. Ask for recommendations from friends, but in part you should call 10 or so counsellors, ask for their price packages ahead of time and then schedule consultations with the 3 or 4 that meet your pricing needs. Make sure that when you go into these consultations you grade the effectiveness on how BOTH you and your spouse feel about the individual.

Self Help

There are also many self-help tools available in the market today. There are some excellent books and articles on how to make marriages work, how to re-ignite the spark in a relationship and how a few simple steps can bring back the love in a relationship that had turned hateful. Both partners can get a lot of inspiration, advice and ideas on how to make relationships work from such books and articles. You can even find help when you think there is infidelity in your marriage. There are books and articles out there, which tell you why people cheat or stray out of line and what you can do about it.

The common thread in all of these self help guides is communication and understanding. By making an effort to understand where your spouse is coming from, and them where you are, and then making compromises and communicating, most marital problems will become alleviated.

Resorts

Then there are many resorts that are specially designed to create an ambience which is conducive to romance. These vacation packages are easy to find and require only that you be on the look out. The point of these resorts is to reinvigorate a relationship by introducing some of the passion and spontaneity that over time can be watered down by obligations and daily responsibilities. These events attempt to eliminate outside stresses so that you can focus on your spouse, and in so doing rekindle the love you feel for one another.

All in all, if you are willing to put in your best efforts to stop your marriage from slipping away, there is now help at hand and you need not have to fight alone. By utilizing the tools of counsellors, self help and resorts you can go a long way to giving your marriage the best chance for survival. But beyond survival, these tools can help ensure you a happy lifelong relationship.

Group Legal plans benefits for employer and employee

A properly developed group legal insurance plan can be the perfect
complement to any employers work life initiative. Considering that many
employees are nowadays increasingly swayed by benefit options when making
career decisions, Legal insurance is a viable product for many employers.

However, there is no single fit-for-all group legal plan for all
organizations. For a start, each organization has a distinct list of
requirements when contracting for legal insurance. A requirement built on
the premise of reduced administrative costs will require a different set
of legal services than requirements built on enhancing a benefits package
or protect against liability.
Legal plans also vary in what they offer: the quality of their customer
service, flexibility of plan design and finally the experience and
professional track record of their panel of attorneys.

In order to minimize the risk of poor service and plummeting employer
satisfaction, an employer should conduct both requirements analysis
amongst its employee base to cover for their difference needs, and a due
research to select the most appropriate legal plan to fit those
requirements based on experience, integrity and track record.

Look before you take the leap into pre-paid legal services

Choosing a pre-paid legal plan is a good way to save big bucks, but
choosing a plan you need and a provider you can trust is a different
matter. Here is a number of things to look for in a legal plan from the
very start:

Look for whats covered: Legal plans are offered in different models and
differ in the specifics of what they cover. While phone consultation and
simple drafting and reviewing of simple contracts are included across the
board, more elaborate and complicated legal matters are not covered.
Its best to review your own legal needs before you choose a legal plan.
Ask which legal services will you need most and then choose a plan that
provides the best coverage given those needs. For instance, if you are a
business owner, lawsuits, lease and contract negotiations could be high on
your list and you would be looking for a legal plan that provides coverage
accordingly.

Know what legal coverage you already have Dont pay for coverage twice! If
you have car insurance, then you are covered for liability and medical
protection, home insurance covers you for injuries sustained on your
property Your existing insurance policies already cover some of your
legal costs and there is no need to pay for that coverage when you select
with a legal plan.

Does the company have an in-house procedure to handle complaints? One of
the stumbling blocks of pre-paid legal services is quality of service.
Newly-licensed attorneys, phone calls not getting answered and that
ointment on any client lawyer relationship: fee disputes, typically
involving bills made to your credit car to cover for services not included
in your contract This is just a specimen of the many problems people face
with their plan providers.
Make sure you select a plan that has clear guidelines as to how to settle
dispute when they arise. A company that has a good in-house mechanism to
handle complaints will generally assign a senior attorney with the
authority to handle customer complaints of and disputes with any attorneys
in the network. Secondary sources of resolution may include your state
insurance department or bar association. Check their outlet for complaints
against pre-paid services.

Checking out the business youll need to do some homework before you
select your legal provider. Ask these questions: Whats the firms
reputation in my area? How many years have they been in business? Have they
been operating in my local area for at least a year without complaints? How
skilled are they attorneys? Do they cover the locale where my business
operates? Some good places to start your background research are your state
bar association, the Better Business Bureau and the Consumer Affairs
Office.

Health Insurance: Your Rights Under State Law

Health insurance is regulated at the state level and as such there are certain very important state regulations that you should be aware of. These health insurance regulations vary from state to state. Do not make the mistake of assuming that the health insurance policy that you purchased in Pennsylvania will be governed under the same rules as the health insurance policy that you would like to purchase in Florida.

It would be close to impossible to go into a great deal of depth on the various regulations across all 50 states in this short article. However, there is a health insurance information site run by Georgetown University that allows the ability to view and print A Consumer Guide to Getting and Keeping Health Insurance.

Each of these health insurance Consumer Guides are state specific which can save you quite a bit of time in sorting through what does and does not apply to your state of residency. It is important to compare health insurance quotes side by side from top carriers and be able to contrast the pros and cons of each company’s policy. Be a knowledgeable consumer when shopping for health insurance and know your rights under state law.

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