Pets receive no automatic legal protections when their owners die. All too often, they end up living the rest of their lives in animal shelters. If you have pets, it is extremely important that you discuss their needs with your estate planning attorney.
]]> A Will Alone is Not EnoughMany people mistakenly believe that it is enough to simply leave their pet to another person in a will. Unfortunately, this strategy can come with a number of unexpected consequences.
A will simply grants ownership; it does not allow a pet owner to provide binding instructions for their animal's future guardian. A will cannot stop your named guardian from putting the pet in a shelter or giving it to another person.
Further, wills are often not enacted until weeks or months after a person dies. In the meantime, your pet could be stuck in legal limbo. Sometimes, by the time the will is read, the pet has already been sent to the shelter or adopted out to another family.
Finally, wills can only provide one-time distributions of money. You may prefer that your pet's new guardian receive periodic sums of money in order to ensure that he or she will always have enough to take care of your pet's needs.
Consider a Comprehensive Strategy
Instead, you should consider a comprehensive strategy that plans for your pet's custodial and financial needs, while also allowing you a measure of control over how your pet is cared for.
In addition to granting custody in a will, you may want to set up a small trust account to disburse money that the guardian can use to take care of your pet's needs. You should also consider what will happen to this fund after the pet passes. Some people choose to give it to the guardian, while others prefer to give the money to charity.
Although establishing a source of funding is not legally required, it is highly recommended. After all, pets become more costly to care for as they age. You would not want for your guardian to have to give up your pet simply because there wasn't enough money to go around.
Finally, you will want to include instructions on how to care for your pet. This will help ensure your pet makes the transition as smoothly as possible.
These are just some of the estate planning strategies that can be used to take care of a pet's needs. Make sure you talk with an experienced attorney who can determine the options that are best for your unique situation.
]]>Aging baby boomers are entering care facilities at a time when the industry is facing drastic funding cuts and overcrowding. This mix of social, medical and financial factors could have drastic implications for patients. A struggling economy means very few homes are opening. A growing elderly population could overload existing homes.
]]> Most importantly, and potentially most frightening could be the effects of this trend on patient care. Overcrowding of nursing homes without a significant increase in staff could leave residents vulnerable to neglect. Insufficient attention from care providers increases patients' risk of avoidable injuries like bedsores, falls, malnutrition and medication errors.However, not all of the recession's effects are bad news for seniors. With fewer people working full time, family members may be able to care for aging relatives or take a more active role in their care. Decreased job openings also could mean a more competitive market for care providers. A surplus of providers could lead to more hiring choices for homes and, with them, improved quality of care.
Whatever their financial circumstances, nursing homes are required to adhere to a certain standard of care for their residents to promote their safety and well-being. If you or a loved one has experienced nursing home abuse or neglect, a personal injury attorney can inform you of your rights and recommend legal action when appropriate.
]]>The death and injuries were caused by a head-on collision for which the Defendant was responsible. Driving at approximately 63 mph in a 55 mph zone on Highway 117, a car stopped in front of the Defendant. The Defendant then illegally crossed a double yellow line to avoid the car stopped in his lane resulting in a head-on collision with the Plaintiffs. The father, the decedent, died from his injuries. The mother had minor internal injuries and the child suffered a fractured leg.
The child was awarded a total of $4,900,000 to begin at age 18; $120,000 for personal injuries and $4,780,000 for her father's wrongful death. The decedent's wife was to be paid a total of $1,400,000 immediately; $50,000 for her personal injuries and $1,350,000 for her husband's wrongful death. Names of all Plaintiffs and Defendants were withheld for privacy.
]]>Child support determinations are detailed in almost every divorce judgment involving children, but the fact that these figures have the force of law behind them does not always mean that children and custodial parents get the help they need. Statistics from a recent U.S. Census Bureau study reveal that less than half of American parents who are owed child support receive the full amount, and nearly a quarter of them receive none of their court-ordered payments.
]]> Overall, the study determined that just over 62 percent of the nearly $35 billion in child support authorized by American family law courts was paid in 2007. Among all custodial parents entitled to child support, 83 percent were mothers and 17 percent were fathers.One troubling statistic uncovered by census data: the rate of poverty among custodial moms and dads is twice the rate for the general population, and child support represents nearly half of the income for these lower-income single parents. The average child support award nationally was $3,350 per year, or $280 per month.
North Carolina family law statutes recognize that post-divorce modifications of child support and custody orders are sometimes necessary, but these must be based on a substantial change in circumstances. Parents who are not receiving the child support (as well as visitation and other custodial rights) they fought for during divorce should discuss their options for enforcing a divorce order through contempt proceedings with an NC family law attorney.
]]>The Defendant, Britthaven, Inc., which was owned by Hillco, Ltd., provided experts who were able to testify that Ms. Barthazon's injuries were not a result of nursing home neglect, and demonstrate in X-rays that the fractures had occurred spontaneously, which is not uncommon in bedridden patients. Based on the lack of blood loss, extensive bruising or swelling after the move, experts testified that the fractures occurred just a few hours before diagnosis, disputing Plaintiff's claim that Barthazon had been suffering and in pain for two weeks before the fractures were diagnosed.
]]>The proposed changes drew ire from safety advocates, who said that the increased weight limit could cause an uptick in truck accidents. In addition, many opponents worried that heavier trucks would cause unaffordable damage to the nation's roadways.
]]> Ultimately, the provision was removed from the bill.Much of the opposition to the bill came from AAA, which called on Congress to do additional research before raising truck weight limits. Although the association saw economic benefit in the ability for trucks to carry more goods, it worried that the economic gains would be outweighed by increased risk of accidents.
Specifically, AAA pointed to the fact that truck-related fatal accidents were up by nine percent in 2010. Allowing trucks to carry heavier loads, it said, might be the equivalent of adding fuel to an already dangerous fire.
Other groups focused on the damage heavier trucks could inflict on the country's roads and bridges. Though heavier trucks will wear out highway infrastructure more quickly, the bill did not impose additional taxes to make up for the increased cost.
Of course, the trucking industry favored the change. They said the bill will decrease consumer costs by allowing goods to travel more efficiently. Opponents, though, argued that the industry was placing profits over safety.
]]>Temporary nurses were found to be nine times more likely than permanent staff to make a medication error that required life-sustaining intervention. This risk to patient safety is growing as roughly half of all American hospitals report using temps and at least six percent of nurses work as temps throughout the country.
]]> Temporary nurses hired by hospitals are still required to meet all regulatory requirements and have up-to-date licenses and training. However, the study concluded that temporary nurses may be subject to more medication errors due to inexperience at a particular hospital. Temp nurses may be unfamiliar with local care, protocols and procedures. This can lead to miscommunication of important medical information. In addition, they may not be as up-to-date on the latest practices because unlike permanent staff, they are responsible for their own continuing education.The study noted that temporary nurses should not take all the blame for the medication errors as hospitals that use a lot of temporary staff may have additional quality of care issues. This reality could partially account for increased patient safety risks across the board.
Who may be Held Liable for Medication Errors?
Hospitals may be held liable for any injuries that their negligent employees cause because it is their duty to direct and supervise their employees' work. Additionally, nurses have a duty to behave in a reasonable manner. Because nurses make independent judgments and actions, they also assume responsibility for injuries that they cause negligently.
Temporary nurses responsible for medication errors can be held personally liable for negligence, as can the hospital where the error occurred. If you or a loved one has suffered injuries resulting from a medication error or hospital negligence, contact an experienced attorney to discuss your options.
]]>One major problem is often present in this scenario, however: the identification of suspects by eyewitnesses can be unreliable. Unreliable eyewitnesses can be the catalyst that allows innocent people to be accused of crimes they did not commit, forcing them to mount a complicated criminal defense to prove their innocence.
Due to the risk of misidentification or identifying an innocent person, new techniques for identifying suspects are being studied. One such technique is the use of sequential lineups as opposed to traditional simultaneous lineups.
]]> Sequential lineups involve photographs shown to eyewitnesses sequentially (one at a time) by a disinterested law enforcement officer. The idea behind sequential lineups is that witnesses are forced to rely on their memories of the incident as they look at each photograph, which is believed to be more reliable than a simultaneous lineup - in a simultaneous lineup, eyewitnesses often compare the people in the lineup to one another to find the person they believe committed the crime.A 2006 study determined that eyewitnesses select a suspect more often in a simultaneous lineup than if shown a sequential lineup, and when people choose a suspect in a sequential lineup, they often choose innocent people. However, the results of a new study refute the findings of the 2006 study.
The results of the new study, conducted from 2008 to 2011, concluded that eyewitnesses pick a suspect during a sequential lineup just as often as during a simultaneous lineup, according to the New York Times. However, the new study, which involved real cases and not a laboratory setting, found that eyewitnesses identified fillers - the people the police put into the lineup with the suspect - significantly less often in sequential lineups than in simultaneous lineups (12 percent in sequential lineups versus 18 percent in simultaneous lineups).
According to the results of the new study, increased utilization of sequential lineups may lessen occurrences of innocent people being accused of and ultimately convicted of crimes they did not commit.
]]>The authors sought to fill a gap in research about the proportion of medical professionals who must respond to lawsuits annually, as well as the financial amount of those claims and the "cumulative career malpractice risk according to specialty." The summarized results indicate that an average of 7.4 percent of physicians faced medical malpractice claims in a given year, and only 1.6 percent were made to pay on a claim.
]]> Separated by medical specialty, the study determined that the highest rates of claims by patients who alleged substandard care were experienced by neurosurgeons and thoracic-cardiovascular surgeons. The data indicated that family practitioners, pediatric physicians and psychiatrists had the lowest rates of malpractice lawsuits on an annual basis. Average indemnity payments were lowest in the field of dermatology and highest in pediatrics.Behind all of the hard data, the authors speculated about physicians' reported concerns regarding malpractice and defensive medicine practices in light of the low annual rate of paid claims shown by the study. They concluded that risk of "reputational damage" was a considerable part of physicians' perceived threat from patient lawsuits, while noting that evidence has shown that the actual scope of defensive medicine is "modest."
On the plaintiffs' side, the stakes are much higher. For patients who suffer injuries or prolonged illnesses due to surgical errors, misdiagnosis, medication errors or other substandard care, the primary concern is securing compensation for a more difficult life ahead. For survivors of a wrongful death caused by medical malpractice, a just result can play a major role in future financial security while bringing closure to a family tragedy.
]]>Family Reminders
In the midst of transition, parents may feel left out of the loop or may think the other parent is hiding information. In these situations, parents must take the initiative to obtain information about their child's school and extra-curricular activities. Simply relying on the other parent to provide such information could be a recipe for disaster. Also, children should not be made messengers between parents. This invariably forces children to divide their loyalties between mom and dad, and makes them feel guilty for keeping (or divulging) secrets.
]]> Be a Parent. Be a Fan.Parenting inherently makes you a fan of your child's activities. Knowing that you're supportive and that you take pride in seeing him or her do well means everything to a child. With that said, maintaining a calendar of events is helpful. It should be readily visible in the home, and should include birthdays, school schedules, sporting events, dance recitals and other special occasions. Most importantly, make sure that it mirrors the event calendar (if any) at your ex-spouse's home.
Your Home is "Home" too
"Dad's house" and "Mom's house" should not be divisive labels that mark territories and foster high-conflict situations. After all, you are still a family even though you do not live under the same roof. As such, rules should consistent between the two homes. Also, having a child's favorite things in each home reduces the stress of remembering (or forgetting) to bring toys or games back and forth.
Following these guidelines should make the transition into the school year easier, and strengthen bonds between non-custodial parents and their children.
]]>Alimony and Child Support
Alimony is a payment made to a former spouse under the terms of a divorce decree or agreement. Alimony is deductible by the payer, whether or not deductions are itemized. To be deductible under the tax code, alimony must be paid in cash, may not be treated as child support or designated as something other than alimony in the divorce instrument and the former spouses cannot file a joint return or be members of the same household when payments are made.
In addition to being deductible by the payer, alimony is considered income for the recipient and it is thus subject to income tax. Child support, on the other hand, is neither deductible by the payer nor income to the recipient.
]]> Retirement AccountsRetirement funds can inspire complex tax questions in a divorce. When early distributions are made from a retirement plan, they are normally subject to a 10 percent tax penalty in addition to any ordinary income taxes. However, if a Qualified Domestic Relations Order is used to transfer retirement funds to a former spouse pursuant to a divorce settlement, the 10 percent penalty may be avoided, although income taxes will still be withheld. The transfer will be tax-free if it is made directly to another retirement account, such as the former spouse's own IRA.
Tax Considerations of Property Division
Generally, the transfer of property incident to a divorce is not a taxable event. Even so, when planning property division in a divorce settlement, you should carefully consider potential tax consequences.
For instance, capital gains taxes apply to assets that have appreciated in value (e.g., you purchase a piece of land for $10,000, and sell it for $25,000; you have $15,000 in "gain" that is subject to a capital gains tax). Thus, because they have different cost bases, two pieces of property that have an equal market value may actually be worth different amounts when accounting for capital gains taxes.
Tax Rules Pertaining To Divorce Can Be Complex
Most tax rules come with a variety of exceptions, caveats and loopholes. While it is extremely beneficial to have a basic understanding of how taxes will come into play in your divorce settlement, it is also essential to seek the advice of a qualified professional.
]]>Distracted driving is a factor in about one in five crashes that results in injury. In 2009, distracted driving contributed to crashes that killed 5,747 people and injured 448,000 others.
]]> While any type of distracted driving is dangerous, texting or talking on a cell phone while driving is particularly dangerous because it causes a level of distraction that is more complete than most other activities.There are three primary types of distraction:
Unlike other activities such as daydreaming or talking to passengers, texting or talking on a cell phone while driving is especially dangerous because it involves all three types of distraction.
In fact, studies have shown that using a cell phone while driving - even with a hands-free device - is so distracting that it impairs drivers to the same extent as having a blood alcohol concentration at the legal limit of .08 percent. In other words, a texting driver can be just as dangerous as a drunk driver.
If you or a loved one has been injured in an accident involving distracted driving, please contact an experienced personal injury attorney who can advise you of your options
]]>While the FBI investigates and prosecutes these crimes, homeowners can protect themselves from becoming victims. Consumers should be wary of companies that seek upfront fees, advise discontinuing communication with banks or mortgage companies, guarantee results, or claim to be able to force lenders to modify or cancel debts.
]]> In the case of individuals or companies offering to help sell or refinance properties, consumers should proceed with caution. Basic protection begins with checking the reputations and track records of real estate professionals. When an offer seems too good to be true, it is. Double check the terms and obligations presented by real estate professionals and alleged foreclosure specialists. Reject the "assistance" of real estate professionals who encourage false statements or ask homeowners to sign blank documents, and don't fall for offers promising "no money down" loans. Realize that signing unfamiliar or confusing documents can result in property loss and additional financial headaches.Consumers can easily become prey for unscrupulous business people and Internet companies who do not have a problem taking advantage of a homeowner's financial situation and lack of intimate knowledge of the real estate industry. Maintaining communication with lenders and seeking the counsel of an experienced attorney are smart options to consider when trying to save your home; as this course will reduce the odds that you will fall victim to a scam.
]]>Data provided by the National Center for Family & Marriage Research at Bowling Green State University reveals that over two thirds of men and women married in the late 1950s reached their 25th wedding anniversary. But for the generation that entered marriage twenty years later, less than half of all first marriages lasted that long. Census data from 2004 revealed that 30 percent of Americans in their 50s who were married had already been divorced at least once.
]]> For a variety of reasons, divorce after 50 presents distinct challenges from those faced by younger couples who part ways. Things to consider:•· Older couples tend to have more complex and diverse assets, including pensions, IRAs and other retirement funds that have already or will soon come into play
•· Spouses involved in a second or third divorce may have obligations from a previous split that require close scrutiny to ensure a fair division of property and financial obligations
•· Divorce later in life can jeopardize the financial interests of children from a previous marriage or born out of wedlock for whom the spouse expected to provide
An experienced family law attorney can help you assess the financial implications of divorce and identify issues that you may not have considered. While it is always important to get the details right, divorce after 50 makes this challenge especially critical given each individuals' relatively short remaining working years and immediate need to ensure future financial security.
]]>A mediator does not have authority to make binding decisions on you or your spouse. He or she cannot force you to agree to anything. Instead, a mediator is a neutral go-between, assisting you and your soon-to-be-former-spouse with reaching solutions on disputed issues. A good mediator will help you identify the issues that you and your spouse disagree on, illuminate misunderstandings between the two of you and set priorities as to what each of you are willing to compromise on in order to reach an agreement.
]]> As with any legal strategy, there are both positive and negative sides to mediation and therefore it is not always the best option for everyone. However, there are a few key benefits to consider when weighing mediation as an option:•· Control. You and your spouse will be in control of the outcome of your mediation. Rather than a judge deciding critical issues related to visitation, support or property division, the agreement reached between you and your spouse will determine those matters.
•· Privacy. Mediation is handled outside of the courtroom. This ensures that your private affairs are kept between you, your spouse, your attorneys and the mediator.
•· Cost savings and efficiency. Settling issues in court can be costly; an effective mediation process is often less expensive and can lead to a resolution of disputes much sooner than a hearing or trial.
•· Respect. Mediation requires the cooperation and collaboration of both parties. Because it is less adversarial in nature than courtroom proceedings, mediation tends to create less animosity among parties than litigation and may aid in fostering positive relationships among parents with minor children.
Mediation is not the right choice for everyone or for every situation. Successful mediation requires two willing parties who are able to effectively communicate with each other with the assistance of a neutral third party. You cannot force your spouse to mediate a dispute. Also, mediation may not be appropriate in situations involving domestic violence. If mediation is not right for you, the assistance of a North Carolina divorce litigation attorney may be necessary in order to resolve your family law dispute.
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