Mirror of Justice

Probate Real Estate Investing

July 19th, 2009 at 07:09pm Under Probate Law

Are you looking for a ready market of motivated home sellers who are often willing to sell at a deep discount — a market where you’ll have little to no competition at all?

If your answer is ‘who isn’t?’, then there’s a slew of real estate investors who want to tell you their secrets to buying probate real estate. According to many of them, probate real estate sales are easily the single most profitable area of real estate investing.

What Is Probate Real Estate?

When a person dies, their estate – all their worldly belongings – often goes into probate court, where a judge appoints an Executor to oversee its administration. It is the Executor’s job to make sure that the belongings are divided fairly and according to the decedent’s wishes. Depending on the state, the judge may also give the Executor different levels of power.

Why Are The Owners Of Probate Property So Motivated?

In many cases, when an heir inherits property, they inherit a burden. There are estate taxes to be paid, repairs that must be made, even, in some cases, a mortgage or second mortgage that must be kept up to date. Ready cash may be more important to them than any other factor.

Add in the fact that there are often multiple ‘owners’, and many of them may live far away, and you have a situation where selling the house is the best, sometimes only option to make sure that everyone gets their fair share of the estate.

Isn’t It Illegal To Sell Property That Is Being Probated?

It’s commonly assumed that sales of real estate in probate are extremely difficult, if not impossible. The truth is that, in most cases, the Executor has the power to make a decision to sell – as long as he has the agreement of all the heirs to the estate. In some cases, he or she may also need the permission of the court, but even if that happens, the agreement of all the heirs will usually be all the judge needs to approve a sale of real estate. Research the laws in your state for any requirements – for instance, some require that the property be listed through a licensed Realtor.

How Do I Find Properties In Probate?

Wills in probate are a matter of public record. A little research at your local courthouse will get you a list of all wills presented for probate. A little more legwork will turn up records of deeds to properties held in their name. It’s all a matter of a little research to find properties whose owners are eager to sell, and sell quickly.

How Do I Contact People About Buying Their Inherited Property?

Unlike foreclosure sales, where the owners are being forced to sell when they don’t want to, many heirs are eager to sell their property quickly so that they can use the cash realized. You can send out letters or postcards, make a phone call, and even pay a personal visit. Just keep in mind that you are offering a solution that they may not have considered – ready cash. In many cases, they’ll be happy to accept an offer for as little as 75% of the market value of the house just to get it sold quickly, and will do anything they need to do to help the sale go through.

Go to: RealEstateInvestorsLife.com for more info.

Birmingham Personal Injury Law: Car Accident Litigation

July 19th, 2009 at 07:07pm Under Personal Injury Law

A car accident can happen to the best of us.  No matter how safe you drive, the Birmingham roads are dangerous places.  Several major interstates merge in Birmingham, bringing with them thousands of vehicles including large, commercial trucks that could crush even the sturdiest SUV on the highway.

If you are injured in a car accident that was caused by someone else’s negligence, you are likely entitled to compensation for your injuries from the at-fault driver’s insurance company.  You will probably find it very challenging to get the right value for your injuries, particularly if you do not have a lawyer.

If your lawyer is able to settle with the insurance company without filing a lawsuit, you will be very happy to have avoided ligitating your injury case. We wish it was that easy all the time. If the insurance company, however, won’t offer you a fair settlement, your lawyer will need to file a lawsuit in order to fight for just compensation.

When your lawyer files a lawsuit, the litigation has begun. A lawyer for the at-fault driver, often paid for by the insurance company, will enter an appearance in the case. The court will issue a cause number for your case and suddenly you have become the plaintiff in a lawsuit.

The process of filing a lawsuit and pursuing your claim against the defendant and his or her lawyer is known as litigation. You have now opted to use the local or state court system, a public entity, to pursue your claim against the at-fault driver. It is important that you understand that this is a major step and not one to be taken lightly. You need an experienced Birmingham lawyer on your side to make sure that the litigation goes smoothly.

Medical Malpractice Ny: Don’t be Fooled

July 19th, 2009 at 07:07pm Under Legal Malpractice

When you visit a hospital, medical care facility, or any other medical establishment, you expect to receive care from professionals and be taken care of accordingly. You certainly wouldn’t expect to catch any nasty viruses, have medical instruments be left inside your body after surgery, or receive the wrong treatment all together. If you feel you have incurred a virus or injury due to the actions (or lack of actions) by a doctor, nurse, or surgeon in NY, you may well be liable to make a medical malpractice NY compensation claim. Making a claim is your civil and legal right, in which you should be entitled to receive compensation to cover your medical bills and pain and suffering.

Regrettably there are situations when doctors fail to diagnose someone with a condition that overtime can turn fatal. Cancer for example, going untreated can cause serious implications because the ability to catch the disease at the right time can reduce spreading significantly. With some cases of cancer, catching it in the later stages will not enable the patients to be treated. This would result in a serious illness or a reduced life expectancy. This is a serious act of negligence, which indicates a true act of medical malpractice. On the other side of the spectrum there are occasions when someone is diagnosed with cancer or any other condition which is not present. Misdiagnosis’ can cause a great deal of stress and anxiety as well as unnecessary surgery and drug treatment. Some people actually develop illnesses from drugs that they shouldn’t have been taking in the first place. And then the actual real illness goes untreated and could get worse.

Medical Malpractice NY claims can be complex can take months to sort out. This is important because it stresses the fact to find a specialist with experience dealing with medical malpractice NY claims. If you have been the victim of medical malpractice in NY and are planning on trying to claim compensation, your case will heavily lie on medical evidence. You or your insurance company will have to pay for these documents which can be quite costly. You will need to show that the person you are making the claim against owed you ‘duty of care’. The duty of care is a general legal duty on all individuals and organizations to avoid carelessly causing injury to persons. It requires everything ‘reasonably practicable’ to be done to protect the health and safety of others at the workplace.

Medical Malpractice NY errors in hospital Emergency Rooms are a common occurrence. They are infrequently talked about and rarely reported to the media. That is why you don’t hear about these types of cases on the news. Understaffed hospitals or ill-equipped emergency rooms may lead to fatal errors while dealing with patients requiring emergency treatment. When the necessary steps of treating an emergency room patient are sidestepped, then a medical malpractice NY emergency error may result. This is when you should consult a medical malpractice attorney to help you with your claim.

Claiming for compensation is very easy these days and will cost you nothing. ‘No win no fee agreements’ are in place which allows anyone to pursue a case without having to find legal costs. With medical malpractice in NY there will be the costs of the medical records. Either way a good medical malpractice NY lawyer will be able to tell you exactly what to expect. Lawyers will not take on medical malpractice cases lightly so you will know what your chances are. Any cost incurred will be recovered from the loosing parties’ insurance company.

Most Common California Overtime Law Violations – Find Out Now!

July 19th, 2009 at 07:06pm Under Labor Law

Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: “exempt” and “non-exempt”. Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.Other common violations that might require the assistance of California labor law attorneys or the California Department of Labor would be if the employee’s time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee’s wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.Lastly, the employee’s rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee’s rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn’t cost you anything to claim what is rightfully yours.

The 4 Important Things You Must Know Before Becoming A Homeland Security Specialist

July 19th, 2009 at 07:06pm Under Juvenile Law

Homeland security is increasingly in the news these days and in fact has been so since the morning of September 11, 2001. Homeland security is needed on all levels of government, including federal, state and local. Usually, if you work as a homeland security specialist, you can work right in your home without having to move elsewhere.
Jobs to consider as a homeland security specialist include a border crossing guard, providing airport security, or functioning as a security specialist for your federal, state or local government. Below are four things you’ll need to know to become a homeland security specialist.1. You will need to study the juvenile mindset and juvenile justice
When you work in homeland security, it might surprise you to know that one of the things you need to be familiar with is work in the juvenile justice system. This is because there are many theories abound that the role of a terrorist actually has its roots in childhood. In other words, terrorists often become terrorists because they are raised in environments of abuse and neglect.
If this happens to the “right” individuals and they become enraged enough, they can see terrorism as a way not only to get even, but as a way to sometimes take care of their families; terrorist organizations often operate under the premise that if terrorists do as they say (including giving their own lives in the commission of terrorist acts), the organization will provide comfortably for that terrorist’s family when they might not even have the needs.2. You will need to understand the American legal system
The American legal system is hierarchical in nature and you’ll need to learn this. Because homeland security works with local law enforcement and the legal system, its focus on the rights of the individual versus the rights of society must stay in constant focus in your job as a homeland security specialist.3. You will need to understand cultural diversity and proper behavior therein
Gone are the days when you could be “politically incorrect” about people or unduly target them for harassment or even arrest them simply because of their race, religion, or ethnic background. Targeting someone unfairly simply because of their race, ethnicity, or another inconsequential characteristic could lead them getting away with a crime (even if they’ve done it) if it can be argued that they were unfairly targeted because of these types of characteristics.
Therefore, make sure you understand and accept cultural diversity on its face, so that you can target people for their behavior and not for physical appearance or something else. In addition, basing something on someone’s appearance can also make you overlook someone as a potential terrorist even though they might be one. Therefore, appearance is NOT the key when it comes to finding terrorists.4. You will need the proper education
Of course, you can’t simply become a homeland security specialist overnight. It takes training and education, and most homeland security specialists have had previous backgrounds in law enforcement. You must be physically, psychologically, and mentally capable of doing the job right.
There you have it! The 4 important things you need to know before becoming a homeland security specialist. For more information, search the Internet about becoming homeland security specialist.
Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are clickable.

California Laws to Help You Save on Car Insurance

July 19th, 2009 at 07:05pm Under Insurance Law

When it comes to saving money on car insurance, there are some obvious things that will help you out. As I’m sure you heard before, it always makes sense to get more than one quote. That way you can compare the rates from different companies and save. But there is a lot more that will help besides just comparing rates.
Did you know that California has set up laws for auto insurers? These laws are meant to protect drivers from fraud and abuse by insurance companies. The state of California is one of the best states when it comes to protecting its drivers from fraud and abuse from insurance companies.
One recent law to help consumers save is Proposition 103. Proposition 103 was passed in 1988 to change that, but went into affect July 14, 2008. The law states that that auto insurance companies must provide you quotes based on your driving record, not your zip code. Previously, drivers paid their premiums based on their location. So you could have been a better driver (and lower risk) than someone a mile away, but you would have had to pay a higher premium based on your zip code.
Another law meant to protect drivers in the state of California is Assembly Bill 2677. This law was passed in 2005 and says that auto insurance companies in California must provide drivers with the lowest rate available to them. If they do not show you your lowest possible rate, they are violating the law. Be sure to always ask to see the lowest rate available to you.
California has also regulated the rates that insurers can charge to drivers. Recently California mandated that Allstate must lower its insurance rates by 15.9%. Allstate covers roughly 10% of all California drivers, so the mandate was a huge win in helping California drivers save even more on car insurance.
Another benefit to California drivers in need of cheap auto insurance is the California Low Cost Auto insurance program (CLCA). This program is a minimum coverage insurance that helps drivers in dire economic circumstances get affordable car insurance. Through the CLCA drivers can get insurance for as low as $400 a year.
The more you know about auto insurance laws in California, the more educated you will be on your rights as a consumer. Knowing your rights will help you save money. Of course, don’t forget to compare your rates.

First Time Adoption – Answers To 8 Frequently Asked Questions

July 19th, 2009 at 06:18pm Under Adoption Law

Anyone thinking of adopting for the first time will have many questions and concerns. Adopting is not a simple process and much consideration and deliberation is necessary. It is a very serious matter and not to be taken lightly. There is much more to adopting a child – it is not like shopping for a car; a child is a precious gift. The following is a list of common questions that those wishing to adopt for the first time might ask:-
1. In North America, who is able to adopt? Potential adoptive parents should meet the criteria set by an adoption agency or a non-profit making adoption organisation. Then they can adopt.
2. How long is the process for adopting a child? This can vary and usually depends on the type of adoption that is chosen, and the period can be anything up to a year or even many years in some cases. This also depends on the child’s needs and also what the adopting parents are looking for in a child. If they are willing to spend more time and money in the search for their ideal, then this can be a deciding factor on how long an adoption takes.
3. What is the cost of adopting a child? This all depends on what the adopting parents are looking for in a child, and the criteria they have set for themselves. A public adoption usually doesn’t involve any cost. When adopting through s private agency or a foreign adoption, the costs can vary and can go up to about $35,000.
4. How does the adoption process operate? Every adoption is individual so the time it takes can vary. It may also depends on which province or state is involved in the adoption, as they each come under their own government jurisdiction; they each keep their own rules and regulations for adoption.
5. Is one able to adopt from another province or state? Every province or state has their own laws and regulations which need to be adhered to, and some areas are very strict compared to others.
6. Can one adopt a child from abroad? It is possible to adopt a child from another country. In North America, many Americans choose to adopt a foreign child from countries like china, Colombia, Ethiopia, Russia, Vietnam and many others. The adoption criteria for the country where the child is being adopted must be met before the parents can adopt.
7. What are sources are available for first time adoption? Detailed information can be found from many individuals, groups and organisations who have the resources. People usually like to ask a friend or someone they know who has already adopted, before making their first appointment to see a Social Worker or someone else locally who deals with child welfare. There are also adoptive parent’s support groups which people can attend to help in the decision making. The Internet provides lots of useful information regarding adoption, including names of adoption associations and contact details of who they can approach.
8. One a person has collated enough information regarding first-time adoption where does one begin? Once individuals have decided on what is the best type of adoption for them, an adoption plan needs to be drawn up. This is so the adopting parents know what goals to aim for, and also it serves as a backup plan if things don’t quite work out the first time.
Those proceeding with a first-time adoption will have many questions that need answering and they will find some of those answers here. The relevant people must be contacted so that if they have any more questions that haven’t be answered, or they have more at a later date, they can find out all they need for the all important decision.

K1 Fianc̩e Visa РHire an Immigration Attorney

July 19th, 2009 at 04:38pm Under Immigration Law

In order to carry out the K1 fiancée visa application processes flawlessly, it is the right option to hire an immigration attorney. Any small mistake in the visa application would result in unexplained delays in processing the application. An immigration attorney knows everything there is to know about visa processes and immigration laws. You can rest assured nothing will go wrong, with your attorney telling you what to do and the right way to do it. Immigration attorneys could give you valuable legal advice and help in quicker visa issuance. Requirements for the K1 Fiancée VisaThe K1 fiancée visa is a nonimmigrant visa for an American citizen to bring his/her fiancée of foreign nationality to the US for marriage and life thereafter. The K-1 visa is only issued if the American citizen and the foreign fiancée are legally eligible to marry under the laws of the particular state in the US as well as that of the fiancée’s native country. The US national and the foreign fiancée must marry within 90 days of the fiancée entering the US. The US citizen and the fiancée must have met at least once in the past two years. This is a flexible norm though, and is not imposed on applicants whose cultures do not permit meeting before marriage. The K1 fiancée visa is only eligible for foreign fiancées who wish to enter the country with the primary aim of marrying the US citizen. Visa Processes Made Easier with Immigration Attorney ServicesThe embassy or consulate in the fiancée’s country is where he/she submits the application required for immigration to the US. Once the Form I-129F submitted by the American fiancée with the USCIS is approved, it is sent to the National Visa Center for processing before being sent to the embassy or consulate of the country where the foreign fiancée would apply for the K1 fiancée visa.  When you hire an immigration attorney for the K1 fiancée visa, you are guided throughout the visa processing. The immigration attorney takes care of all the paperwork and other requirements, and takes full responsibility of getting your petition approved.

When to Use a Family Law Attorney

July 19th, 2009 at 04:38pm Under Family Law

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child’s education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.

3 Mistakes to Avoid When Buying Investment Real Estate in Eastern Europe

July 19th, 2009 at 04:37pm Under Estates Law

Eastern Europe continues to experience explosive growth as the nations modernize their economies, leading to terrific opportunities for savvy investors. Real estate in Eastern Europe is a solid investment with significant growth potential. As with any investment, you need to educate yourself about the potential problems. Inexperienced investors run the risk of losing their money, whether they are buying homes in Turkey or putting money in CDs at their local bank.
Here are three of the major pitfalls that people investing in East European real estate should avoid.
Never Buy Unseen Property
Some investors feel that Europe is so far away that to visit their potential property would be expensive and difficult. If that is the case, then this is probably not the best investment for you. It is absolutely essential that you inspect any real estate in Eastern Europe that you plan to purchase.
The seller is going to present the property’s best features and is likely to underplay any problems. This doesn’t mean they are dishonest, but any buyer should still look at the property in person. In addition to your own visit, have a home inspection professional examine the property. Structural defects that may be invisible to the casual observer will be obvious to a qualified home inspector and could save you thousands in repairs or prevent you from making a bad deal.
Understand the Local Laws
You must seek counsel from an attorney who is familiar with the real estate laws in the country you are buying property in. Real estate in Eastern Europe is governed by laws that may be very different from the laws in your home country.
This ensures that all of the papers are completed correctly and the sale goes through as planned. It also protects you as a property owner if you know all of your rights. Although laws governing private property in this part of the world have changed substantially in the last few decades, many countries still have laws that hark back to their socialist roots.
An example of how property owners can be hurt by foreign laws would be the Valencia land grab in 1994. It was an effort by the Spanish government to speed urbanization of the area by giving developers rights to develop private land, but some unscrupulous organizations used the law to legally buy land against the owner’s wishes at far below the market price.
Can You Afford It?
Buying real estate in Eastern Europe may incur substantially more additional legal fees and taxes than buying locally. Investigate the full cost of a piece of property, not just purchase price quoted in a listing. Also be sure to inspect the title deeds of the property.
These extra costs are compounded by fluctuating currency rates. Depending on the future of the currency in your property’s country, you should decide whether you want to get a local mortgage in your home nation’s currency or a foreign mortgage in your property’s national currency.