Best Law Now

Browsing Best Law Now blog archives for August, 2010.

Types of Legal Plans

A prepaid legal plan is a scheme based on the payment in advance of a set
fee to defray the cost of providing future legal services to the members
enrolled in the scheme. They vary in cost, scope of legal coverage provided
and how the legal services are provided. We will look at the different
types of pre-paid legal plans available in the United States and how to
enrol into them

An individual pre-paid legal plan is readily accessible to the general
public. There are two types of individual plans: access and comprehensive.
An access pre-paid legal plan is the most basic plan. It is designed to
give easy access to lawyer and a set of simple legal services for a low
cost. Basic services furnished include unlimited toll-free phone access to
your attorney for consultation and advice, letters written by the lawyer on
your behalf, brief office consultation and the drafting or review of simple
legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate
negotiatable with your provider

The comprehensive plan goes beyond basic legal services, to offer more
complex and comprehensive coverage for a premium in cost. Generally, all
the benefits of an access plan are provided at no cost to you, plus a
broader range of services like drafting complicated legal documents,
negotiations with adverse parties, legal representation in court cases such
as divorce and child custody. They also cover all the costs involved in a
legal litigation. Comprehensive plans typically start at $300 per year and
are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe
benefit to its members. The lawyer or law firm contracted provides free or
low-cost legal coverage to all members of the sponsoring organization.
Employers, labour unions and even universities are now increasingly
offering group legal plans to enhance the value of their benefits package
and reduce the cost of administrative burden. Law firms are contracted to
provide participating members telephone and office consultation for their
most frequently needed legal matters. These typically include: Preparation
of wills and trusts, document preparation and review, debt and real estate
matters and family law.

Additional legal coverage can be contracted according to a fee schedule
negotiable between the plan sponsor and provider, and publicised to
participating members.

Divorce: how to do it yourself

There are some things in life you will surely enjoy doing yourself: building a birdcage, making a sand castle, maybe even something as ambitious as buying a house. But self-filing for divorce can really be a headache if you don’t know what you’re getting yourself into. It may also be an emotionally painful experience, so make sure you have your ducks in a row before you research your options.

Here are a few tips on how to go about the important task of filing for divorce so it is hassle-free.

The reason you might file for divorce without the help of a lawyer or legal service is because it is simply a lot cheaper. The filing fee, to begin with, will probably be over $100 and if a response is filed, that number will only go up. It’s understandable if you want to avoid any extra expenses, especially considering the financial and emotional toll a divorce takes on everyone involved.

But unless you have a strong grasp on what you’re doing, then that lawyer or legal service might be a resource you regret not investing in. Nonetheless, here’s how to file for divorce on your own.

There are a handful of requirements that you have to meet before you should even consider filing for divorce. In some states, you’ll have to meet even more than the following requirements, but here’s a basic idea:
“Whatever state you are filing for divorce in, you must have lived there for at least six months. As for county, your residency requirement is three months. (These state and county residency requirements may vary, depending on the region of the United States.)
“Do you have legal grounds to divorce? “Irreconcilable difficulties” is the most commonly cited reason for a divorce and it has an extremely broad definition, meaning it is rare that it’s illegal for someone to file for divorce. If you’ve faced marital problems that have hurt the marriage and are irreconcilable, then you have legal grounds. There is also the option of “incurable sanity” that is only used in extreme circumstances.
“You will file for divorce in your county; the action for divorce must be presented in the court of your jurisdiction. It may difficult or a piece of cake to track down the proper court.

If your divorce is uncontested, it’s fairly uncomplicated to file for divorce. It’s when your husband or wife responds with a counteraction of some type that it starts to get rocky and a lawyer isn’t really expendable. There are even online resources right now that allow you to do all your filing over the Internet; these usually cost money to use however.

In summary, to self file for divorce, you will need to fulfill the above requirements and file a petition for divorce with the correct court in your county and state. (More populated counties may have multiple locations that you’ll have to review before filing.) Remember to check into your local requirements, for legal grounds and jurisdictions, so you aren’t hit with any unpleasant surprises and hangups.

Money Management 101

Managing your money is a big task. But if you want to get by in this world, its something you have to do. It can be too painful for some, so it gets avoided. But for the people who realize it, the pain/reward relationship is well worth the trouble to spend a few minutes managing your money.

After all, money makes the world go round, so make sure you get your share! And the good news is: its as easy as controlling what youve got!

Heres what you need to make sure that you have control over your financial situation. Here are some valuable budgeting techniques to guide you in your expenses and income.

The first thing you want to do is make sure that you pay for your utilities on time and in full every month. Dont wait until its too late to pay them. The second thing you need to do is make sure that you dont have too many credit cards. Only a few credit cards are necessary to get by in life. You should consider cutting up the rest of them. And the third thing you should do you, if your bills have gotten the best of you, is to consolidate them into a single loan. This will enable you to pay them off over time without getting slammed with high interest rates.

Finally, establish a budget for yourself. This seems difficult and thats why most people dont do it. And because people dont have a budget they find themselves in financial straits.

The easiest way to establish a budget is to take a draw a line down the middle of a piece of paper. On the left, write down your after tax household income. Be sure to write down the after tax amount as you want to measure available income only. After all, you dont get to spend the before tax amount, right?

In the right column, list an average of each monthly bill. But you should also include your typical spending habits as well, like eating out, or impulse shopping. Dont forget to include paying off your credit card as part of the bills!

Now that you have a list of income and expenses, see if theres a way to increase your income, or reduce your expenses. Usually youll find a way to do a little to both.

While it seems so simplistic, so few people do it. And yet, creating a budget and sticking to it often separates the successful people from everyone else. Whats stopping you from doing it right now?

How To Stop A Divorce

Divorce appears to be the new tendency in marriages these days. The entire globe appears to have jumped on the bandwagon which is endlessly being caused by split-ups in the entertainment industry. The holiness of wedlock is being sacrificed and it has turned into a marketplace for divorce- driven oblects such as divorce attorneys.

A great many people believe that obtaining a divorce is the sole means to pull out of a distressed relationship. However, as the wonderful philosopher Aristotle said, “There is always a third option.” Regarding individuals that believe that obtaining a divorce is the same thing as being contented, try thinking it through again. A current study that was lead by Ms. Linda Waite of the University of Chicago disclosed that divorced individuals are not any happier. An additional even more amazing reality that was uncovered by the research is that 67% of the individuals that became distressed about their marriages later stated that they were happy in their marriages five years later. Her group additionally discovered that a preponderance of devotedly wedded pairs had undergone long durations of sadness in their unions. The distinction is that the pair remained with the relationship and discovered answers to their difficulties.

Matrimony is designed to connect the inner souls of two individuals together. The marriage loses its holiness in the complete circumstance of splitting up. There exist more methods than one to stop divorce. Listed below are a few valuable points that someone can use in trying to rescue their marriage.

-Communication is the Key Virtually all differences advance to fights as a result of the absence of communication. A few pairs merely discuss chores and projects. Maintaining an open line of communication would maintain the frankness in the relationship and prevent concealed perceptions that could prod significant emotional harm.

-There Are No Perfect Relationships The fundamental lessons of economics dictate to us that any time we remain with one thing, we are consistently excluding something else. Divorces are commonly spurred by unfaithfulness and third-party affairs. Keep in mind that no relationship is perfect. Problems between marriage partners is no reason for unfaithfulness, actually it ought to make their relationship stronger.

-Look For Assistance In case everything else does not work the way you hoped it would and you have attempted to solve the difficulty between the pair of you, seek outside help. There exist professional marriage counselors that are able to help marriage partners with problems to get back on the right track. There’s no harm in seeking assistance.

Keep in mind that divorce has its penalties, which include tremendous monetary losses. Even more significantly, it taints marriage and completely finishes relationships. What it comes down to is that if there is more than sufficient love that exists within a home, divorce will not ever rear it ugly head.

Is Life Insurance Comparison Really Necessary?

When you want to purchase a life insurance policy, you really do need to do a life insurance comparison. This is to ensure that you get the best possible rates and the best possible life insurance for your needs. Different life insurance companies sell different types of policies so you need to do a life insurance comparison of all the different types available. You also want to get a policy with low cost premiums.

In a life insurance comparison, you have to decide whether you want variable universal life insurance or whether you will ask for a low cost term life insurance quote. There is a vast difference between the two. Term life insurance is only good for a specific period of time. If you do not die within that term, then the life insurance policy expires and you will need to renew the policy or purchase another. Variable universal life insurance lasts for your whole life and has options included to help you make money on your life insurance.

With all the life insurance companies online, it is not difficult to do an online life insurance comparison. If you are looking for term life insurance, then you can request a free quote for low cost term life insurance. It is advisable to have at least three quotes so that you can do a comparison of the settlement and the premiums offered by each one.

A life insurance comparison, whether it is for term life insurance or variable universal life insurance, also means that you need to do a comparison of the monthly premiums you have to pay. Since most people look at the amount of money that they need to budget for each month, they want this premium to be as low cost as possible. With variable life insurance, the amount of the premium changes according to market conditions, so it may be a little harder to budget for, but it works out to be more low cost than term life insurance.

Whatever you need in life insurance, you have to make sure you are comparing the same thing when you do a life insurance comparison. For example, a comparison of quotes for low cost term life insurance with those for variable universal life insurance would be like comparing apples and oranges, since they are not the same at all. You have to make sure your comparison is for the same type of life insurance and for the same length of the term. Otherwise, you are only wasting your time.

A proper life insurance comparison is essential.

Living Debt-Free

Do you dream of living without the burden of excessive debt hanging over your head? Its possible, but not easy. Living debt free requires financial discipline, all the time. To become debt free and maintain a debt free life, try the following three steps:

1. Get rid of existing debt. This is obviously your first step to living a debt free lifestyle. Cut up any credit cards that you currently have in your wallet, purse, or desk drawer and do not apply for or accept any other cards. Pay your bills on time, sending as much as possible to one account while paying the minimum due on all of your other accounts until the account is paid off. Do this until all of your debt has been paid off.

2. Create a budget. Every single person who lives without debt has a financial budget and follows it. Without budgeting for expenses and incidentals, people overspend on unnecessary items and then when things just happen unexpectedly, (otherwise known as unplanned for expenses) these individuals rely on credit cards to make ends meet. Make a list of every monthly expense you can think of. Then, make another list of every incidental expense that you pay throughout the year but not necessarily on a monthly basis. If you usually get 3 oil changes a year at $20 a piece, you need to plan for $60 a year for oil changes, which is the equivalent of $5 per month. Once you have a comprehensive list, subtract your total monthly expenses from your total monthly income and see what is left over. Be sure you include savings accounts in your expenses. Pay yourself first is a good rule to live by. If there is still money left over, congratulations! Use it to pay more on each individual account until everything is fully paid off, or invest in IRA, 401Ks, or even a money market account with high interest rates to help your money earn more money.

3. Avoid credit like the plague. Make all of your purchases with cash and you will never fall into the debt trap again.

Manage Your Money

As you are starting the process to a debt free life, you should be extremely mindful as to where your money is going. Its important that you track your spending habits for a period of time in order to see where money is being wasted, or where you can cut costs without completely changing your lifestyle. Keep a notebook where you list every single item you purchase, including the amount you paid, where you purchased it, and the reason. Include all bills that were paid, how much you paid, and how much you still owe. After a few months of tracking your spending habits, you will be able to determine exactly where all of your money is going, and you may be surprised at how much your little purchases are adding up and eating away at money you could be using to pay off debt to enjoy a debt free lifestyle! That cup of coffee you grab every morning on the way to work could be costing you $10 or more each week- about $40 per month, and brewing your own coffee at home could save you considerably since you can purchase a can of coffee for about $4 and it will last you about a month!

How to Remain Debt Free after Recovery

One of the biggest mistakes people make after making a financial recovery is to allow themselves to fall back into old habits. Before they know it, theyve racked up another few thousand in credit bills, and theyre heading down the same path to having a desperate situation where they just cant make their payments on time each month.

You do not need to have credit cards in your wallet. Yes, it is a very odd feeling to go from having several cards available to you to none, but it is the safest way to avoid overspending. You may want to keep one credit card in a safe place in your home, for purchases that do require a credit card. Think long and hard before using the card, and if it is possible to buy it with cash, than do that instead. A credit card should not be used for every purchase, nor should it be used when you want to buy something unnecessary that you dont have enough cash to purchase. If you want a luxury item, save your money until you can buy it- if after several months of saving you decide you dont need it, then youve saved the money on an item you previously may have purchased on a credit card, discovered you didnt really need or want it, and then had to pay back three to four times what the item is worth after all the interest and finance charges were added!

Divorce – Are You Heading Towards It? Test Now

Divorce is not like a volcano. One fine day, we find that a volcano has erupted. Divorce happens over a period of time. The relationship breaks down continuously and we realize that life can no longer be lived together. Many couples wake up when the break down has become total. That becomes very difficult to save the marriage. After that they spend endless nights worrying about what to do – To go for divorce or not? Why not to take care of the relationship today and find out how it is and what care it needs. What changes will make it better? And improve it before it reaches the brink?

Ask questions such as – Am I happy in my marriage/ Is my partner happy? Am I emotionally satisfied? What about my partner? Is marriage giving us joy or pain? Are we still in love? Is one of us feeling victimized? Shall we grow together till our old age? Are we loyal to each other? What kind of relationship do we share now? Are we feeling sick of each other? And so on. Raise as many questions about your marriage, yourself and your partner as you can think of. Take some online tests and quizzes on marriage and relationship. That will give lot of thought to your mind.

As you think of questions, you will start thinking more deeply about where you are heading. Find out all that is going wrong. Try to improve that. Discuss with your partner about what you think. Find out all that is going right. Make it still better. Think, plan and act. Before thinking, test your marriage in all the possible ways. Wake up now. Tomorrow may be too late.

The Fairness of Limited Liability

Limited liability is one of the most successful commercial creations of all time, almost singularly responsible for the growth and expansion of capitalism. Encouraging risk and promoting successful enterprise through both small and large businesses alike, limited liability has been the driving force behind economic success in the Western world and is one of the most celebrated legal creations of all time. But what is it about limited liability that makes it so successful? Indeed, is the structure of limited liability fair as regards creditors, who ultimately bear the brunt of this mechanism?

Limited liability in general means a sacrifice of privacy in return for the benefit of limited personal liability. In layman’s terms, this means that the company promoter is not personally liable for any of the company’s debts, thus encouraging risk and promoting enterprise. For most small businesses, it is a lifeline, and without it the economy would level out and stifle with fewer new start-ups each year. At the back end, however, these businesses leave behind a trail of debts that ultimately result in financial loss for lenders and those that operate on credit terms. This raises the general question of whether limited liability as a creation is fair for the creditors it so apparently prejudices?

Limited liability has given life to companies across the world, by providing the reassurances necessary to entrepreneurs to take the risk, safe in the knowledge that personally speaking they should come out unscathed. From this, more companies have grown and flourished, which has led to more jobs and better state welfare for virtually all capitalist economies. The strength of this function has gone a long way towards building the great superpowers, and is seriously underestimated as a legal construct.

Limited liability leaves a gap in the pockets of those companies that lend money or offer their customers credit terms during the course of their business. As a consequence of the promoter’s ability to walk away with his hands clean, many businesses find the squeeze of bad debts too severe, and end up having to take on credit of their own to meet the shortcomings. In theory, limited liability leaves creditors in a weak situation, with relatively limited powers to regain the full amount of any monies due.

In reality, limited liability doesn’t operate in that way. Of course, many businesses go under every year as their owners walk free of encumbrance, but generally speaking the economic world does not work between insolvent companies. However, the flexibility allowed by limited liability has meant debt in a sense has become effective currency, and has helped businesses to survive during tough times, and to seek the financial help necessary without the appropriate risk.

Limited liability might be seen as slightly unfair at the razor’s edge, but it works all round to ensure that everyone has access to credit and the benefits of limitation of damages when it is necessary. Ultimately, it promotes a more competitive, lower-risk environment within which business can flourish and economies can grow and multiply, providing jobs and economic strength to nations embracing its basic form. As legal fictions go, the limited company has undoubtedly prove itself to be one of the most popular ever created, and its growth looks set to continue as it is developed and refined across the world.

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Is Homeowners Insurance Enough In The Toughest Of Times?

Homeowners Insurance is supposed to protect us in case of disasters. That is what we have come to expect from our homeowners insurance over the years. But what if the disaster is the costliest in U.S. History? What if your insurance agent’s home and office were destroyed in the disaster also?

That is what happened to many customers and homeowners insurance agents and companies after Katrina hit the Gulf coast. Many agents’ homes, offices and insurance Companies’ claims centers were in the same situation as their clients due to the storms. So what did they do? They set up office in tents and mobile trailers. Then Hurricane Rita blew away these temporary offices and the agents and companies set them up again. These temporary shelters acted as a communications center for all people in the surrounding areas. Local people would come by to ask questions, meet with their claims adjustors and just catch up on the news with their neighbors. Extreme circumstances dictated unconventional responses: some agents even filed claims for their clients without even talking to the clients just so they could get the claim in the queue. Allstate allowed customers to submit claims through any agent in the country and set up a priority line to assist. They sent email to agents in the areas surrounding the disaster areas to act as messengers by word of mouth to their fellow agents in the effected areas. The larger companies such as State Farm & Allstate that service claims for the national flood Insurance Program even used satellite imagery to determine damage in some neighborhoods that were entirely flooded.

Lessons Learned: Those of us not effected by these disasters can learn a few lessons about coping with future disasters from the thousands of policyholders that are still waiting to get their claims paid. As soon as possible, take steps to prevent further damage to your home if possible: such as covering the roof with a tarp if possible. You can hire a contractor if you can find one, as that would be safer for most of us than climbing on our roofs. Hold off making any repairs until you see or talk to an adjuster first. Plus, keep your receipts, as you’ll need them to prove expenses that can be re-imbursed later.

What Does Homeowners Insurance Cover?

You can generally expect your homeowners insurance to help pay for additional living expenses for up to 12-24 months while your home is being repaired. But, homeowners insurance usually pays only after they verify you have a legitimate claim. After Katrina, many insurers made an exception, automatically distributing enough to cover two weeks’ worth of additional living expense to anyone in an area subject to mandatory evacuation. Some companies even gave small advances on contents under the personal property part of their homeowners insurance policies.

If you have to wait to get your check, it helps to have cash that is easily accessible in a bank account or money market fund. Stashing cash at home isn’t a great idea because if your home burns down and you weren’t able to get to your cash, most homeowners insurance policies only cover $100-$200 in cash whether it is stolen or burned up in a fire. Your goal should be to have an emergency fund available to take care of your family for 2-4 weeks (minimum)if possible. In a disaster it might be hard to even find a local bank to get cash. Debit/credit cards with a statewide or national bank would perhaps be better.

Your biggest problem in getting your claim handled may be in either not having the proper homeowners insurance coverage or not having enough coverage. Most good homeowners insurance policies today cover up to 120% of your dwelling coverage limit. It is important that you review the dwelling limit with your agent every couple of year’s at a minimum. Homeowners insurance policies do not cover Flooding, but you should again see your agent for this coverage.

If your homeowners insurance falls short, you may qualify for money from the Federal Emergency Management Agency (FEMA) or a disaster-assistance loan from the Small Business Administration (SBA). Homeowners can borrow up to $200,000 for rebuilding and $40,000 to replace personal property at very low interest rates for up to 30 years.

How To Prevent Divorce

The failure of marriage may be the cause of inconsistency among couples in communicating and interacting with one another both physically and emotionally. Couples tend to hate each other when they do not compromise each others mistakes. This often leads to unhappy marriages and even result to divorce.

Adultery is one reason why a marriage can lead to a divorce. Records show that the involvement of the spouse in an adulterous affair could trigger the separation and the spouse has the legal chance to file for divorce cases. Some people may think that adultery has little impact on divorce. Some believe that it is a symptom for a divorce. Adultery is an act of abuse, damaging both the emotional and physical aspect of the relationship.

The crud could be one reason why a couple resorts to divorce. There are times that even when the couple lives together, both could no longer feel the presence of each other in terms of the emotional aspect of their relationship. The lack of love and affection triggers a couple in grueling conflicts and physical abuse, which leads to divorce. Here are some tips on how husbands and wives can prevent divorce.

1. A couple must deal on all conflicting issues. It could be better for a couple to talk about their problems and be open to one anothers opinion. In this way, the couple may find ways on how they will resolve the problem.

2. Make some value on mutual interests. Couples who want to prevent divorce may find ways to have some moments where they can spend time and evaluate their emotions. They should make some effort to make it up for some lost time together.

3. A person always has the option to choose the person that could be right for him. It could be better if the person has the same perspectives and beliefs. This could lessen any irreconcilable differences that would lead to divorce.

4. Make the relationship work as the best of friends instead of just being partners. If there is friendship established within the marriage, there is a strong indication that the marriage can get stronger and even last forever.

5. Learn how to accept any disappointments and failures in the relationship. It can sometimes help when the couple knows all their limitations and imperfections in the marriage. Expressing anger is only normal but they need to make sure that it would only take a little time to release that kind of emotion.

6. It is important to take care of ones physical appearance. Staying beautiful and handsome can spice up the relationship most of the time. However, couples should stay healthy even when there is dieting involved in maintaining a perfect body.

7. Couples should be faithful and honest to one another. To make a long lasting marriage there must be fidelity and honesty in the relationship. They should not tell lies and should be courageous enough n bringing up any problems that may arise.

Always remember that couples are bound together because of love. Divorce may be prevented if couples will always put in mind that their marriage will last long enough and live up to the expectations that they promised to one another when the they exchanged vows. Those who do not agree on divorce are couples who believe that staying together gives them enough reason that marriage is very important as a family.

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