Society, in general, has become more and more litigious in nature. One of the most common topics that appear before the judicial system is estate litigation. Claims of undue influence over the testator, an individual dying intestate and objections to estate accounting are just a few examples of situations that can lead to Estate Litigation.
When one individual or entity has been placed in a position of power or influence over an individual there exists a fiduciary relationship between the adviser and the party with diminished capacity. The adviser is required to act in good faith on behalf of that party who is in need of guidance however, in some cases the adviser may use its authority in a manner such that its interests are placed before the desires and wishes of the party to which it has been assigned to protect. Undue influence can only be claimed if the adviser benefits in some way by making choices or decisions on behalf of another thereby committing an act of fraud, which could result in a litigation action being brought against them.
If an individual dies and has not prepared a will the division of assets and responsibility of debts is usually governed by the jurisdiction presiding over the estate. Unfortunately this can cause a variety of problems depending on the number of heirs and the desires of the heirs from funeral arrangements, burial and exactly who is entitled to receive personal and real property. The decedent may have expressed at one time that he or she wished to be buried at sea or that a favorite niece was to have his/her silver candlesticks in the event of their death. Without documentation of these desires, the laws of the state will direct how these matters are to be handled, and if an heir objects to these decisions then the person or persons may find themselves involved in a case in need of a Los Angeles estate litigation attorney.
Monitoring and accounting the estate's activities is one way interested parties can be involved and informed of the estate process. This is also an avenue that opens up many debates as to whether or not the estate is being properly managed. A review of the estate accounting may reveal lost investments or even that assets have been omitted. If the estate executor is not looking out for the best interest of the estate and its beneficiaries there could be grounds to pursue litigation against the executor for breach of fiduciary duties.
With so many intricacies to estate law it is best to remember that proper estate planning is imperative, as well as placing trustworthy persons in charge of the decision making process.
Monday, December 6, 2010
Monday, October 18, 2010
You Never Know When You'll Need A Personal Injury Attorney
This is a story about Tom, who lives in Florida and is having a really bad time of it. He is an avid motorcycle rider, and last month he decided to take a ride, like he often does, when he gets off work. The sun was out, and it was a beautiful afternoon for a ride, so he got out his bike, and headed down US1.
He didn’t get far though, when a blue Hyundai pulled out from a side street, right into the lane where he was cruising. His reaction time was maybe 3 seconds. He had no time to swerve, and he hit the back of the vehicle, head on.
When he came to, he was in the hospital, and he was in traction, with severe head trauma and back injuries. Aside from that, he had broken ribs, a broken, dislocated shoulder, and they were giving him tests for internal injuries. His wife was called, but he was in and out of it because of the concussion. I know he doesn’t have a lawyer, and he will definitely need a Santa Monica personal injury lawyer because the driver of the vehicle is saying that he was traveling too fast, and that is why he collided.
Tom has suffered immense pain and suffering, and mental anguish. He is in for a long rehabilitation, and the doctor says he can’t go back to work for at least six months. His family is depending on him, yet he can barely move, and it has already been a couple weeks. Needless to say, his motorcycle was totaled.
He retained a personal injury lawyer that was recommended by a friend, and his wife went to the consultation. The lawyer had to come over to the house to talk with Tom, and he seems to be a knowledgeable and compassionate lawyer, who will help Tom get back everything that he has lost since that day. Unfortunately, it looks like he will be in therapy for a long time, but as of right now, he is on strict bedrest because he is still in traction. At least he got to go home, and he didn't have to stay in the hospital, but he is still in leg, neck and arm traction, as he is recovering.
This is just one example of many possible reasons one would need a Santa Monica personal injury attorney. If you ever find yourself in a similar situation, don't delay and find a good attorney that you can work together with to bring you justice.
He didn’t get far though, when a blue Hyundai pulled out from a side street, right into the lane where he was cruising. His reaction time was maybe 3 seconds. He had no time to swerve, and he hit the back of the vehicle, head on.
When he came to, he was in the hospital, and he was in traction, with severe head trauma and back injuries. Aside from that, he had broken ribs, a broken, dislocated shoulder, and they were giving him tests for internal injuries. His wife was called, but he was in and out of it because of the concussion. I know he doesn’t have a lawyer, and he will definitely need a Santa Monica personal injury lawyer because the driver of the vehicle is saying that he was traveling too fast, and that is why he collided.
Tom has suffered immense pain and suffering, and mental anguish. He is in for a long rehabilitation, and the doctor says he can’t go back to work for at least six months. His family is depending on him, yet he can barely move, and it has already been a couple weeks. Needless to say, his motorcycle was totaled.
He retained a personal injury lawyer that was recommended by a friend, and his wife went to the consultation. The lawyer had to come over to the house to talk with Tom, and he seems to be a knowledgeable and compassionate lawyer, who will help Tom get back everything that he has lost since that day. Unfortunately, it looks like he will be in therapy for a long time, but as of right now, he is on strict bedrest because he is still in traction. At least he got to go home, and he didn't have to stay in the hospital, but he is still in leg, neck and arm traction, as he is recovering.
This is just one example of many possible reasons one would need a Santa Monica personal injury attorney. If you ever find yourself in a similar situation, don't delay and find a good attorney that you can work together with to bring you justice.
Thursday, September 2, 2010
General Information About Personal Injury Lawyers
In today’s world accidents are commonplace. When the victim is also the person at fault, then it would seem that a natural sort of balance has occurred. Yet what can be done when the victim is not the one at fault? Injuries, both physical and mental, can be quite devastating to one’s work, social and private life. These problematic situations are the precise reason that personal injury lawyers have a profession.
A Los Angeles lawyer who handles personal injury cases will represent a person who has been harmed due to direct action or negligence of another person, company, government agency or other entity. While a personal injury lawyer is educated and licensed to work in any field of law, due to the specific nature of the personal injuries they are particularly versed in an area of law called tort.
In order to receive compensation for a personal injury, tort law requires four elements to be apparent in the case.
1. The existence of a legal duty owed by a person to others.
(E.g., when driving a car it is one’s legal duty not to hit any pedestrians with said car.)
2. The breach of duty by one person.
(Said person hit’s a pedestrian with said car.)
3. The breach of duty being the approximate cause of damages suffered by a person.
(It must be the fault of the driver and not the pedestrian.)
4. Damages incurred by a person.
(The pedestrian now has a broken leg.)
All four of these elements must be present in the case, but there are obviously many variations of them besides the example provided.
Depending on the personal injury lawyer hired or the firm from which they are a part of, the method of payment can be a couple of different procedures. As with any other legal representation there could be contingency, hourly rates, flat fees or retainers. A contingency fee is a payment that is only due if the outcome is positive (I.e. you win the case). A retainer fee is similar to a down payment, and is done simply to ensure the lawyer will officially be representing the client.
Los Angeles lawyers who specifically handle personal injury cases are very common in modern day, with a large selection to choose from. So if you or someone you care about has had an occurrence that coincides with those four tort elements, go ahead and get some representation and hopefully you can get some compensation!
A Los Angeles lawyer who handles personal injury cases will represent a person who has been harmed due to direct action or negligence of another person, company, government agency or other entity. While a personal injury lawyer is educated and licensed to work in any field of law, due to the specific nature of the personal injuries they are particularly versed in an area of law called tort.
In order to receive compensation for a personal injury, tort law requires four elements to be apparent in the case.
1. The existence of a legal duty owed by a person to others.
(E.g., when driving a car it is one’s legal duty not to hit any pedestrians with said car.)
2. The breach of duty by one person.
(Said person hit’s a pedestrian with said car.)
3. The breach of duty being the approximate cause of damages suffered by a person.
(It must be the fault of the driver and not the pedestrian.)
4. Damages incurred by a person.
(The pedestrian now has a broken leg.)
All four of these elements must be present in the case, but there are obviously many variations of them besides the example provided.
Depending on the personal injury lawyer hired or the firm from which they are a part of, the method of payment can be a couple of different procedures. As with any other legal representation there could be contingency, hourly rates, flat fees or retainers. A contingency fee is a payment that is only due if the outcome is positive (I.e. you win the case). A retainer fee is similar to a down payment, and is done simply to ensure the lawyer will officially be representing the client.
Los Angeles lawyers who specifically handle personal injury cases are very common in modern day, with a large selection to choose from. So if you or someone you care about has had an occurrence that coincides with those four tort elements, go ahead and get some representation and hopefully you can get some compensation!
Friday, July 30, 2010
What is a Los Angeles Lawyer Going to Do For Me?
There are countless encounters where business owners find themselves asking “Do I need a Business Lawyer for this, or can I do it myself?” A Santa Monica lawyer is able to help in every aspect of business law from having problems such as partnership disputes to customer injury, a business lawyer can effectively help you resolve issues and cases effectively.
Some situations almost always require a business owner to hire a lawyer. If not doing so the owner could possibly lose a large amount of money that did not need to be given away. Some examples are:
• Creating or agreeing to contracts
• Employee (past or present) suing for any reason
• Choosing a business structure
• Merging businesses
• Creating a hiring process
• Receiving assets for your business from an outside source
Along with these are many other possibilities where a lawyer is needed, these are just a few basic examples.
In contrast to the statements above, there are many times where a lawyer could be involved, but it is not necessarily needed. There are many variables to this so it is not always in plain writing to whether or not a lawyer needs to present. Unlike the situations above these possibilities are very vague and differ with each and every case, such as:
• Dealing with a trademark for your business name or products
• Applying for an employer identification number (EIN), business licenses and permits
• Creating an alternate business name
Business lawyers are phenomenal in understanding legal processes that the average company owner would find too complex. A Los Angeles lawyer has the ability to go through these processes quickly, efficiently, and finding benefits for the owner. This is a big advantage when running a business.
Having a lawyer on hand for any business owner is essential. They’re extensive knowledge of legal cases, contracts, and processes make them very valuable to any owner that can foresee a “bump in the road” as they progress in their ownership of any size or type of business.
Some situations almost always require a business owner to hire a lawyer. If not doing so the owner could possibly lose a large amount of money that did not need to be given away. Some examples are:
• Creating or agreeing to contracts
• Employee (past or present) suing for any reason
• Choosing a business structure
• Merging businesses
• Creating a hiring process
• Receiving assets for your business from an outside source
Along with these are many other possibilities where a lawyer is needed, these are just a few basic examples.
In contrast to the statements above, there are many times where a lawyer could be involved, but it is not necessarily needed. There are many variables to this so it is not always in plain writing to whether or not a lawyer needs to present. Unlike the situations above these possibilities are very vague and differ with each and every case, such as:
• Dealing with a trademark for your business name or products
• Applying for an employer identification number (EIN), business licenses and permits
• Creating an alternate business name
Business lawyers are phenomenal in understanding legal processes that the average company owner would find too complex. A Los Angeles lawyer has the ability to go through these processes quickly, efficiently, and finding benefits for the owner. This is a big advantage when running a business.
Having a lawyer on hand for any business owner is essential. They’re extensive knowledge of legal cases, contracts, and processes make them very valuable to any owner that can foresee a “bump in the road” as they progress in their ownership of any size or type of business.
Friday, June 4, 2010
Los Angeles Entertainment Attorney
When seeking a Los Angeles entertainment attorney, there are many important considerations to remember. This article will discuss those considerations, so that you can find the best entertainment attorney Los Angeles has to offer.
First, be sure to seek an entertainment attorney for your legal needs. If there is a specific legal issue you are dealing with, be sure you hire an experienced attorney that has dealt with that issue. Many Los Angeles entertainment attorneys have a specialization or experience dealing with certain types of issues. There is a great breadth to entertainment law, including entertainment contract development, entertainment litigation, intellectual property issues, or even criminal and DUI defense.
Maybe you are a recording artist looking to negotiate your first record contract. An attorney is incredibly important for this type of task. Maybe you are a high profile movie star that has received his or her first DUI. Hiring an attorney is important for this type of matter as well, so that you are able to walk out of the DUI legal situation with your reputation in tact.
If you are an artist or actor dealing with royalty contracts, then you especially want an attorney with extensive background. A great attorney can create great opportunities for you. Often, the entertainment industry is about "who you know." If a certain company likes the attorney they are working with, they may be more inclined to give you a better royalty settlement. A poor or unexperienced attorney can ultimately lose you hundreds of thousands of dollars, or even worse, lose the entire contract for you. Hiring an entertainment attorney is something you should approach in all seriousness.
After you find an entertainment attorney that can deal with your unique legal situation, be sure to investigate the attorney's background. Ask what other clients the attorney has worked with and ask for references that can attest to his or her legal and work ethic. Especially because you are working or dealing within the entertainment industry, you should be sure your attorney has a top reputation, work ethic, and will handle billable hours with responsibility and integrity.
Another great way to find entertainment attorneys is by asking other reputable people in your entertainment industry for lawyer recommendations. Often, your peers in the entertainment industry know that finding a good entertainment lawyer is tough and they will be more than willing to help you.
When finding an attorney, just remember to consider his or her experience in the entertainment industry and reputation. These two considerations can mean thousands of dollars in business for you!
First, be sure to seek an entertainment attorney for your legal needs. If there is a specific legal issue you are dealing with, be sure you hire an experienced attorney that has dealt with that issue. Many Los Angeles entertainment attorneys have a specialization or experience dealing with certain types of issues. There is a great breadth to entertainment law, including entertainment contract development, entertainment litigation, intellectual property issues, or even criminal and DUI defense.
Maybe you are a recording artist looking to negotiate your first record contract. An attorney is incredibly important for this type of task. Maybe you are a high profile movie star that has received his or her first DUI. Hiring an attorney is important for this type of matter as well, so that you are able to walk out of the DUI legal situation with your reputation in tact.
If you are an artist or actor dealing with royalty contracts, then you especially want an attorney with extensive background. A great attorney can create great opportunities for you. Often, the entertainment industry is about "who you know." If a certain company likes the attorney they are working with, they may be more inclined to give you a better royalty settlement. A poor or unexperienced attorney can ultimately lose you hundreds of thousands of dollars, or even worse, lose the entire contract for you. Hiring an entertainment attorney is something you should approach in all seriousness.
After you find an entertainment attorney that can deal with your unique legal situation, be sure to investigate the attorney's background. Ask what other clients the attorney has worked with and ask for references that can attest to his or her legal and work ethic. Especially because you are working or dealing within the entertainment industry, you should be sure your attorney has a top reputation, work ethic, and will handle billable hours with responsibility and integrity.
Another great way to find entertainment attorneys is by asking other reputable people in your entertainment industry for lawyer recommendations. Often, your peers in the entertainment industry know that finding a good entertainment lawyer is tough and they will be more than willing to help you.
When finding an attorney, just remember to consider his or her experience in the entertainment industry and reputation. These two considerations can mean thousands of dollars in business for you!
Thursday, February 25, 2010
Los Angeles Business Attorney
One of the best ways to find a Los Angeles business attorney is through referrals or word of mouth. Ask around to people you trust and see what they have to say and what kind of experience they’ve had. Many times this is the best way to find a lawyer because even though your situation may be different, if someone you know was treated well, you will get the same respect.
There are also other ways to find a good Los Angeles business attorney which doesn’t involve much work. Just search online and you will be opened up to a wealth of information. Look for client testimonials on the firm’s website and something that shows a track record of success. See what types of cases they have worked on or specialize in. This is a quick way to find out if a particular lawyer has ever been involved with a scenario similar to yours and how much experience they have with it.
You can tell what areas a Los Angeles lawyer has experience in simply by their site or a phone call. Some handle all types of cases and some only handle certain things like personal injury claims or DUI’s. Make sure the attorney is the right fit for you before signing on.
There are also other ways to find a good Los Angeles business attorney which doesn’t involve much work. Just search online and you will be opened up to a wealth of information. Look for client testimonials on the firm’s website and something that shows a track record of success. See what types of cases they have worked on or specialize in. This is a quick way to find out if a particular lawyer has ever been involved with a scenario similar to yours and how much experience they have with it.
You can tell what areas a Los Angeles lawyer has experience in simply by their site or a phone call. Some handle all types of cases and some only handle certain things like personal injury claims or DUI’s. Make sure the attorney is the right fit for you before signing on.
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