The Finance Blogger

Who Should You Leave Your Assets To? That may seem like a funny question to many people, yet many of us have a tough time trying to decide. Some like us just want to leave whatever we have equally to our kids. No favoritism and certainly not to create any more sadness than there already will be when we pass on. Some people prefer to divide their assets among their children based on perceived need.

This happens a lot if one child has been very successful while the other has not. Still other folks say, my kids are adults they are on their own and I am going to spend my money and enjoy myself as much as possible. Another group would like to leave their assets to charity and just a little bit to their children. What is your plan? You should have a plan regardless of what your feelings are on this subject and you should put your intentions and plan in writing so that everyone understands what it is when you pass on.

What is the right answer? Well, it seems to vary for just about everyone. We will discuss some of the pro’s and con’s of various strategies.

Who Should You Leave Your Assets To

Divide Equally Among Our Children

This is the plan that I favor. I love my children and want them to know that we loved them both equally. So whatever assets are left when I pass along, I have decided to have the assets divided equally. My children should feel like they were treated equally and that they were both valued equally by their parents.

I am going to enjoy myself as much as possible so I will spend some of my estate before I pass along. In a way this approach overlaps a bit with one of the strategies below. Although I will spend some of my estate and I am not going to avoid travel etc so I can leave a large estate, I fully plan to have an estate that I will leave to my kids.

Divide Assets Based on Need

We have seen situations, were one child was deemed to be more in need of help than others. In this case the parent decided to leave a larger portion of the estate to that child at the expense of the other children. A great deal of pain was caused in the situations we are familiar with and the last thing we want to do is cause more pain.

One child may have a great job, all of the toys, the house the car etc, while the other has not been as fortunate. There are many reasons for this difference and we will not go into these differences here, we will just accept the notion that some kids just do better than others.

Although you are helping the child that is more in need, you are hurting the other children. You make them feel less in many ways and not as loved as much as the other child. This is a terrible thing to do in our opinion. One of the questions you need to ask yourself when you make these types of decisions, is how will the new found assets be managed by both kids. The child that is more in need is their for a reason. Perhaps they made some bad decisions through their life. Take these sorts of things into account.

Spend Your Savings

Another group of people feel they have worked hard throughout their lives and deserve to now reap the results of their savings during retirement. Spend all of their savings and enjoy life to the fullest. Well you can do this, but we think it is a nice legacy to leave something to your kids.

It is hard to know just how much you will need, because let’s face it we do not know how long we will live. You might spend all of your estate and then have to live destitute for the remainder of your life. That certainly is no fun. There is fine line between spending your estate, enjoying life and living comfortably. We think that it is better to save some money for your later years even if that means some will go to your kids or other family members.

Give to Charities

If you are wealthy , have no heirs or just want to leave your estate to a charity, choose carefully. There are many excellent charities who really do some good work and help people. Unfortunately there are lots that pay themselves well first and then if there is money left over they then put this towards the charity they were set up to help.

No Plan?

Not having a plan is probably the worst situation. If you do not have a plan, you probably do not have a will. Which means the government steps in and divides your assets among your relatives after they take their management fee’s. You can avoid all of this expense by having a simple will that says divide your assets among your heirs equally. It is pretty simple and you do not even need to name the heirs, just say your wife and kids if you have either.

Setting up a small business is an extremely challenging thing to do and most people have to work with limited budgets as well as limited help from friends and family. So how do they do it and become successful? The frank answer is that like the lottery there are many winners, but there are also many businesses that fail as well. Some make it because they have the right product at the right time and are very focused on their business. Others do all of these things, yet they fail because cash flow got the better of them in a down market. Cash is king. As long as there is enough cash around, most businesses will survive.

Setting up a Small Business

The following list are areas to pay attention to, however they need to be customized for your personal situation and business that you are in the process of setting up.  There are many more, however these are some of the main issues you need to consider. Above all use common sense and consider every decision carefully prior to proceeding with your small business.

• Cash is king and never forget this. If you do not have cash you cannot pay your employees and your suppliers. They in addition to the banks will shut you down before you know what happened to you.
• Hard work is all important along with long hours. You are going to have to put everything into your business in order to make it a success. Combine this with smarts. Working hard without doing it intelligently is just not going to cut it.
• Surround yourself with excellent people who can make a major contribution to your success. You will have to reward them as you become successful in order to keep them motivated, but then if you are making money why not.
• Don’t be afraid to fire people who are just not working out for what ever reason even if it is a family member. Sometimes family members are a great source of free labor while you are getting started, however they will need to be treated like employees with salary etc over the long hall if you are going to be successful

Incorporation

• Incorporating and making sure all your legal documents are in place is also important. A good lawyer and bank manager will help you set this up. You will be able to protect your personal assets from any legal issue that may arise.
• Although we really should have mentioned this at the beginning, it is never too late to focus on the customer. Providing superior customer service is an absolute must and if word gets around about your great service it is actually better than any possible advertising. The reverse is also true if your service is not up to par. Remember the comment about getting good employees! They must embrace the same notion about providing excellent customer service at all times.
• Hire professionals for the areas that are not core to your business success. For example, you need to pay your employees, pay your taxes and complete your annual tax filing. Doing it yourself may save you the fee’s but it will take a lot of time and you may not even get it right, leaving thousands of dollars on the table for the taxman. Hire an accountant to do this work for you and focus on making your business successful.
• Next to excellent service to your customers is excellent quality products for your customers. If you do not provide products that are of great value, reliable and meet your customers needs, your going to have a tough time. It does not matter whether it is cars or widgets, they must exceed your customers expectations!

These are just a few of the basics and you might wonder why this post is on a legal type of site. Lawyers are part of making your business successful and we felt that all of these other ideas might just help you as well to make your small business a success.

Many baby boomers are nearing retirement. They should be looking forward to enjoying a time of life that will allow them to enjoy their retirement years free of work and responsibilities. Yet many are finding that their decision to have kids late in life and parents living longer are putting them in a squeeze. They have to spend time supporting both their parents and their teenage children. Referred to as the sand which generation in many areas. Boomer parents on one side, the grand kids on the other and the kids in the middle. This can be a very stressful time for all concerned.

Retired and Supporting the Kids

We know of some parents who have in fact retired. They would like to travel and do all of the things that retired people are supposed to do. But cannot because they have children living with them at home and attending university. They need support both financial as well as emotionally as they make their way into adult hood. These parents made the decision many years ago that they would have their children later in life. So they could enjoy their younger years child free. There is nothing wrong with this decision. However like all decisions there are always consequences. One of the consequences of having children late in life. You need to support them will into your late 50’s and in some cases well into your 60’s.

Parents are also living longer as well. Many people can look forward to a life that takes them into their late 70’s or 80’s. There even seems to be more and more people living into their 90’s and over 100 years of age. Although many of us are living longer, for some of us, it means that we need support from our children and community agencies. This puts a lot of emotional and in some cases physical stress on our children who may still be managing their own families and their careers.

Monitoring Your Parents

Here are a few tips to help you keep tabs on your parents without being too intrusive, but allow you to know when help is needed.

• Phone often, listen carefully for any issues that might be indicators of problems that your parents might be having.
• Visit often as well and be observant. Are the dishes done, is their food in the fridge and the cupboards, is the house clean and the laundry completed. How is your parents hygiene?
• Inquire about utility bills. Are they overdue?
• Yard maintenance is a great indicator. Has the lawn been cut, weeds pulled etc
• Listen carefully to your parents speech and watch for any indicators of confusion or forgetfulness.

These are a few areas that you can keep tabs on both remotely over the phone as well as during visits. If you are living far away and worry about your parents, set up a video connection using Skype or one of the various systems that are available. If your parents are unable to navigate this application, you may want to try other approaches to make sure you stay in touch.

Many parents will resist moving into an assisted living situation. They do not want to leave their homes and they are afraid of the unknown. If you are faced with this situation, you will want to tread very carefully. Many people find that their social life picks up when they move into an assisted living situation, however there are not so good places as well. Check them out carefully before you persuade your parents to move into an assisted living home. You do not want that kind of guilt on you to carry around knowing that your parents are unhappy.

Protection from Identity theft is a serious issue. This is the final series of 3 posts about real estate title fraud and identity theft. This post discusses how you can protect your self from both of these criminal activities.

Without being paranoid, take these steps today to protect yourself from identity theft. They are easy and do not take any time at all really, it just means that you need to be more careful about how you conduct your personal business and how to avoid this information from being shared with people who might take advantage of this personal information.

Protection from Identity Theft! – How to Protect Your Self

The (CAAMP) Canadian Association of Accredited Mortgage Professionals offers the following tips and suggestions to help consumers avoid becoming victims of real estate title fraud:

• Never supply any personal information to anyone unless you know the person with whom you are dealing and only if it is necessary in your opinion
• Carry minimal identification. Never carry your SIN card with you. Never carry your pin numbers for bank cards etc with you. Memorize them!
• Always check  all credit and financial reports each month from your bank statements – make sure that there are no unauthorized transactions.
• Ask credit bureaus for your credit rating and review it regularly. Check to see if there are any unusual searches or loans that you are not aware of.
• When buying or selling a home, rely on a real estate professional for both legal and real estate services. Choose someone who can be trusted, and always ask – and contact – referrals.
• When closing a mortgage transaction, make sure you understand what you are signing. As boring and laborious as it is, take the time to read the documentation and verify that it is doing what you expected and requested. Ask questions and check the accuracy of the documentation.
• Although they cannot do much, nor seem willing to,  you should contact police if any identity theft has taken place to have it on record as support for potential court situations.

More Recommendations

Other recommendations and tips that consumers can use for increased protection from identity theft are:

• Always guard your mail and promptly remove mail from your mailbox after delivery. Especially from mail boxes that are not locked
• Ensure mail is re-routed if you are going to be away on vacation. Also if planning to move or change your mailing address. Have someone you trust pick up your mail and place it inside your home or save it for your return.
• Shred anything with your name, address or SIN on it instead of just tossing it in the garbage such as receipts, copies of credit applications, insurance forms, physician statements and credit offers you receive in the mail.
• Never give your Social Insurance Number (SIN) out and only when absolutely necessary. Ask to use other types of identifiers when possible.

Privacy Issues

• Don’t carry your SIN card or your birth certificate with you– leave them in a secure place
• Change your passwords on a regular basis and use smart passwords. Avoid using passwords that are related to your address or other personal information. Memorize them, do not carry them with you in written form.
• Use passwords on your credit card, bank and phone accounts that require a combination of letters and numbers. Memorize them. Do not under any circumstances carry them with you.
• Avoid using easily identifiable information like your mother’s maiden name, your birth date, the last four digits of your SIN or your phone number for your passwords.
• No one really wants bills, however if one does not arrive at the usual time it could indicate something is not right, pay attention to your billing cycles. Follow up with creditors if your bills don’t arrive on time.

With a little work and paying attention to details most people can avoid identity theft and real estate fraud. Always be vigilant and never let your guard down.

Paranoia vs. Taking Precautions

There is a huge difference between being paranoid, vs. just keeping an eye on your personal details and following a few simple rules outlined in this series of blogs.

If you have suggestions or would like to leave a comment please do so. We will add them to our blog if they make sense and are not considered spam. Anyone who has experienced identity theft, are also welcome to leave comments to help others understand what can happen and protect yourself as well from being a victim to identity theft or real estate title fraud.

What is  identity theft ? This is the 2nd blog in our series of posts about real estate and identity theft. In the previous post we discussed real estate title fraud.  In this post we are focusing on Identity theft. Both are tightly linked since a crook must impersonate someone in order to commit title fraud, in other words take over someone’s identity.   We hope this series of posts will help people be more vigilant about their personal information. Avoiding this problem will save you a great deal of frustration and money.

What is Identity Theft ?

Real estate title fraud often involves identity theft. According to the Office of the Privacy Commissioner of Canada, identity theft is the unauthorized collection and use of your personal information.

Personal information falling  into the wrong hands allows your personal information to be used to:

• Open personal credit card and bank accounts in your name, incurring huge amounts of debt which you may have to repay;
• Redirect your mail to another location so you do not see the bills and have no idea that anything is wrong;
• Establish cellular phone service in your name with the bill going to another location and of course not being paid;
• Rent vehicles in your name, equipment in your name, or accommodation and have a party!;
• Secure employment , even file for back taxes, tax credits; or
• if that were not enough also ruin your credit history, which will take years to correct and recover.

Safe Guard Your Personal Information

The following types of personal information should be safeguarded at all times. Hence never provide any of this information to any one you do not know and especially over the Internet. In fact you should shred all paper with any of this information on it before you dispose of it:

• Name
• Date of birth
• Address
• Credit card number and expiry date
• Social Insurance Number (SIN), do not carry it with you in your wallet
• Bank account number; never carry your bank numbers and pin numbers together
• Health card number, particularly in Canada.
• Drivers license number
• Other personal identification numbers
• Avoid carrying pin numbers and bank cards together

Warning signs to Watch For

Several indicators serve as warning signs for potentially fraudulent activity.  The basic rule is that if it sounds wrong or too good to be true, then it is probably someone trying to rip you off. Some items to keep an eye out for:

• Online – shady online auctions or misrepresented or undelivered goods
• Phishing – emails pretending to represent a credible source ask consumers for their personal information (e.g. credit card number)
• Internet access services – misrepresentation of the cost of Internet access and other services, which are often not provided
• Investments – They look to good to be true,  false promises of gains on investments
• Lotteries – You never pay up front for any lottery, but some people still fall for asking winners to pay before claiming their non-existent prize
• Advance fee loans – Just deal with the bank , because they do not ask for a fee request in exchange of promised personal loans
• Nigerian letter scam – You get these all of the time, yet there are many forms of this scam, deceptive promises of large sums of money, if consumers agreed to pay the transfer fee

With a little work and paying attention to details most people can avoid identity theft and real estate fraud. Always be vigilant and never let your guard down.

Protect your Identity

In our next post we will cover some of the things you can do to protect yourself from identity theft and title insurance fraud. There is a huge difference between being paranoid, vs. just keeping an eye on your personal details and following a few simple rules outlined in this series of blogs. Some people believe that it will never happen to them, or who would want their identity. All they need is a few bits of information and someone intent on committing fraud can quickly build up a persona based on your name. Once they have done that, there is no end to the amount of financial damage they can to your financial affairs.

If you have suggestions or would like to leave a comment please do so. We will add them to our blog if they make sense and are not considered spam. Personal stories about fraud and what you learned throughout the process are welcome so that we can help others avoid this increasing situation.

Stay tuned for the next post, were we will talk about how to protect yourself from identity theft and real estate fraud!

How much do you know about real estate title fraud?  or identity theft? The vast majority of people never have to worry about this type of fraud, however like health insurance, sometimes we need it and title insurance is much the same. It is a question of cost vs. the risk of being a victim to real estate fraud.

Educating yourself about possible risks and dangers is the best way to protect yourself against real estate title fraud.

This article and subsequent articles that we  will post on this blog will  guide you through how this type of fraud occurs, what to keep an eye out for, and steps you can take to protect yourself. At the very least if you do not want to purchase title insurance, at least take the time to read this post to understand the risk and how you can protect yourself, your home and your family!

WHAT IS REAL ESTATE FRAUD?

Real estate title fraud, a problem that is widespread across Canada and the United States and has recently gained increased public and media attention. Learning about how it occurs and how to protect yourself can help you avoid becoming a victim. There have been recent cases profiled in the United States of these fraudsters taking over titles of multiple properties in various cities and then selling them out from under the unsuspecting owners while they were away on vacation!

How does real estate title fraud occur? When real estate title fraud occurs, a fraudster has typically done one or all of the following:

• Forged the property transfer deed;
• Registered the title to the property in his or her name;
• Forged  a discharge of the home’s existing mortgage; and
• Borrowed money from a bank against the clear title.

Fraud can be Expensive

Real estate title fraud costs you money – and lots of time as well as emotional stress as you attempt to deal with trying to get your home back.

• The average case of real estate title fraud costs the victim in the range of $300,000, which includes legal fees and discharging mortgages that you are now responsible for.

By comparison, the RCMP estimates the average credit card fraud case in Canada to be valued at $1,200 a far lower fee than  real estate fraud.  If the high cost is not bad enough consider the following issues:

• The homeowner is responsible to prove the crime occurred.
• Restoring a property’s title involves a significant financial and emotional cost.

Just think about the emotional stress of trying to get your house back. The one you have paid a lot of money for and paid for over the years, only to have some thief take it away from you and perhaps run up debt on your behalf. Contrary to popular belief, the old axiom, ” Innocent until proven Guilty”  does not apply here. As far as the bank is concern you owe the money and they expect you to pay regardless of the circumstances. It can be very frustrating to say the least in dealing with this type of situation.

Credit Fraud

In situations of credit card fraud, banks will often allow victims to suspend payment until an investigation takes place. Most banks will cancel your credit card and issue you a new one to use while the investigation takes place, particularly if you have a good credit rating.  There is little protection when a mortgage is fraudulently registered against your property unless you have title insurance.

Title Insurance

Title insurance can be an effective and inexpensive way to ensure you are protected. Most will cover legal expenses related to restoring title and they are available to existing homeowners long after they have purchased their properties.

Some companies will also offer identity theft insurance and you can  purchase identity theft coverage when you obtain a title insurance policy.

Pay Attention

With a little work and paying attention to details most people can avoid identity theft and real estate fraud. Always be vigilant and never let your guard down.  In our next post we will cover Identity theft and what it is and how to watch for it.

Our final post we will discuss how to protect yourself from both identity theft and real estate tile fraud.

There is a huge difference between being paranoid, vs. just keeping an eye on your personal details. Follow a few simple rules outlined in this series of blogs. If you have suggestions or would like to leave a comment please do so. We will add them to our blog if they make sense and are not considered spam.

Stay tuned for the next post, were we will talk about how to protect yourself from identity theft and real estate fraud!

There are all kinds of issues associated with getting married for the second or even the third time. We are going to focus on some of the legal and financial issues, touch on the emotional ones and stay away from the conflict that often occurs among former spouses and even the kids. These are important issues, however they are just not the focus of this blog.

More than 50 % of marriages will end up in divorce and so it has become pretty common for spouses to remarry a second or third time. The situation is complex enough between two people who are divorcing and then there is a 3rd person added to the mix. With children involved, the situation is much worse and much more complex.

We are not lawyers and we write these blogs from a common sense perspective with a lot of history and knowledge gained through life experiences.  If you have legal concerns, want to get a divorce or separation , we strongly suggest that you contact a local lawyer to begin working out your issues and division of assets.

Divorce & Second Marriages – Dealing with Assets

Divorce is emotionally draining for both parties even under the best of circumstances. Some parties can act in a mature way, divide up the assets and move on in their lives without getting into fights or contests over the assets and of course the kids. Some will even remain friends afterwords, however they just cannot live together.

The Lawyers

This is an emotional time for everyone concerned. You and your spouse, the kids, your parents and the girlfriend or boyfriend if there happens to be one. Some people will be hurt, others angry, and some will be so mad. They want to take out all of their vengeance on their soon to be ex spouse, taking them for everything they can.

Lawyers are their to help you make sure everything is completed in a legal manner, however some are aggressive and antagonistic and really just feed on the process. Their objective is to make as much money as possible and if you are at war with your ex-spouse, you are just playing into their wallets.

Difficult to Put into Practice

While it is easy to write this, it is much more difficult to follow this advice. The best approach by far is to come to an amicable agreement between you and your spouse. Document it and then take it to the lawyers to make it legal so that it will stand up in court! Unfortunately, many people in the heat of emotionl and anger want to punish their spouse. Some are just plain cheap and do not want to provide support for the kids. These are very hard  people, who do not trust their ex-spouse and do not want to support their spouse.

Take a breath, negotiate fairly and work things out. Every hour the lawyer spends on your case, he or she is charging for at somewhere between $100 to $200 per hour or even more. If you both have lawyers, the cost can be incredible if the negotiations go on for an extended period of time. I have a friend who went through this. He wanted to everything in a fair way and would not take his lawyer to the negotiations. His lawyer was upset, because it meant that he could not bill for the time spent negotiating the agreements!

Divorce

Make it legal, make sure it gets filed so that you are protected. It should be clear to all concerned what the agreement is for your divorce in terms of support and access to the kids. Also the splitting of assets is important so use your lawyer to make sure everything is properly documented. Avoid being greedy or being vengeful. This will just cost you more money in terms of legal fees. It will end up costing your more money than what you might have saved.

Separation While Continuing to Live together in the Same Home

We know of several couples who are living in this situation. The wife is living upstairs with the kids. While the father is in the basement were the kids come to visit.  In some ways there is a practical advantage to doing it this way. The cost is kept under control since you are still only paying for one home, one set of utilities etc. However how tough can this be on the emotions of everyone?

This is really not my idea of a good time. Get through the legal separation as fast as possible with a fair and equitable arrangement. So that you do not have to endure this close living situation while going through the process of separation.

Remain Civil

While you are in this situation, remain civil, avoid confrontation and document everything. What ever occurs in the home could and will be used against you in court or family law court. If you are trying to arrange a fair and equitable split, yet you are fighting all of the time, one of you might claim mental abuse or worse.  This is just not a positive climate. If the marriage cannot be repaired, move on as quickly as possible. Avoid the situation from going from bad to worse.

These are just some of the common sense things to consider in a separation or divorce situation. Easy to say, very difficult to do and follow-up on in real life. At least from reading this post you will have some idea of what you can do to make it better. Also to make the transition easier. If you have comments on this post or your own ideas about this difficult situation, feel free to leave a comment. Spam comments will be erased.

Small claims courts are used for a variety of situations. Many disagreements are between individuals and involve a small amount of money or services.  When it involves a neighborhood dispute there are far more ramifications than who wins in the court. This post is about one such situation that arose in our area and ended up in small claims court. The claim was resolved to one parties satisfaction. Unfortunately the impact of the claim and the subsequent decision lasted for many years.

Imagine a new subdivision, young families moving into their homes . They are beginning the process of developing their homes and their yards. Obviously a high priority are things like window coverings, furniture and decorations indoors.  Families tend also to add fences around the yard. Complete some landscaping, and some people will go as far as adding a pool, trees and fountains. Usually the first priority is to add a fence. This is were discussions can get complicated with neighbors.

Discussions with Neighbors

First of all most people will have at least 3 neighbors. Some could have as many as 6 or 7 neighbors depending on the shape of the lots and how they line up with each other. You will need to negotiate with each one to come to an agreement regarding the location of the fence. Also the type of fence, the cost of the fence and who will build it. Sometimes a meeting is required to discuss these issues and come to an agreement.

Most people can agree easily on the type of fence and location. What is sometimes  difficult is who will build it and sharing of the cost to build the fence. The particular situation that developed in our area involved two people who agreed on the type of fence, the location and the cost.  What they did not agree on was who would build it and who would pay for the fence. Normally you split the cost 50-50, however one neighbor said that he would build the fence himself. While the other wanted to hire someone.

Small Claims Court – Agreement

Were this situation went bad was when one of the neighbors hired a contractor and had the fence erected while his neighbor was at work. When the second neighbor  came home, he found the fence built and the first neighbor was demanding 50% of the cost including the labor and this was the basis of the disagreement.

What to do? Neighbor number 2 said he would pay for 50% of the material and nothing for the labor since he was planning to build the fence himself as per their verbal agreement with him and all of the other neighbors. This position was based on the agreement he thought he had with his neighbor and was definitely in agreement with all of the other neighbors since they were planning to also build their own fences to save money.

This was the disagreement!

On to small claims court with the 1st neighbor asking for 50% of the labor cost. Which amounted to less than a thousand dollars! Neighbor #2 got all of his receipts together and asked two of his neighbors to join him in small claims court.

The upshot of all of this is that the judge listened to both parties, reviewed the receipts, and listened to the two witnesses that came along. Neighbor #1 did not have a chance and the court ruled in favor of neighbor number 2. He also made the first neighbor pay for all court costs in addition to paying for 100% of the labor costs.

Now the real fun begins, since the entire neighborhood was against the 1st neighbor.  He still lives in the same home. In fact they both do and they have never spoken since that day of the disagreement over the fence.  Most , if not all of the other neighbors in the area, basically ignore the one that tried to take advantage of a friendly neighbor. If they do talk to him, they are polite and that is about it.

Sometimes small claims court is the right place to go to deal with disagreements that require a judges ruling. However most cases are better settled between neighbors in a fair and friendly manner to avoid long term hostilities and unfriendly behavior.

The moral of the story is to make sure your agreements are clear, well understood and written down before you start and think twice before heading off to court!

The first thing we want to say is “Don’t Miss Your Court Date!!” The second thing we want to say is that this blog is based on research that we have done and we believe it represents real legal issues and guidance, however before you make any decisions or take any action, “Talk to Your Lawyer and if you do not have one, get a lawyer right away!”

We would really like to emphasize this point about talking to and communicating with your lawyer at all times. He or she can provide you with appropriate guidance. That is specific to your situation and your case. He or she can also help you avoid getting into even more difficulty with the judge and the legal system.  The legal system sometimes is very unforgiving. You definitely want to avoid doing things that can make your situation worse.

DWI Court Dates & DUI fines

If you have already been charged with a DWI or DUI offense, chances are you have already appeared once before the judge. Perhaps been given a court date and released with or without bail.  Your lawyer will have represented you in court. He or she will request that the court allow you to walk out on bail. With the huge assumption that you will arrive back in court for your hearing on the assigned court date.

DWI and DUI are separate issues. However this is what has occurred and now you have to deal with appearing in court. You will find out what your fine will be and whether you will pay a fine or do some time in jail.

Why would you miss a court date?

From the courts perspective, short of being dead or incapacitated, there is no legitimate reason that you can come  up with for not appearing in court at the prescribed time.

Many people do however miss their court dates for a variety of reasons. Some people are just too lazy to get there on time. While others have a variety of mishaps that prevent them from arriving for their court date. Some have accidents, some are too sick, some cannot get off work. Some are just too afraid to go to court.

If you cannot make it to court, the minimum you should do is call your lawyer and explain. There may be a solution that he or she can provide, or at the very least they can explain it to the judge why you are not in court and request leniency from the court and request a new court date which you had better make.

Will the Judge issue a warrant?

In some cases the judge based on the information that your lawyer provides will schedule a new date for you to appear. In many cases your bail will be revoked and a warrant issued for your arrest.

Now comes the really tough part. If there is a warrant issued, you may not be arrested immediately,. However if should happened to be stopped by the police for any other reason, or come in contact with the police. They will arrest you on the spot based on the warrant and take you straight to jail!

Now it really depends on your past relationship with the courts if you have one. The reason that you missed the first court date, how good your lawyer is. In addition how you appear in court, your attitude in court towards the judge and the  attitude of the judge that day. You could have your bail rescinded permanently. You could go straight to jail. Perhaps even stay there until your next court date to hear the original DWI or DUI charge! Make an effort to be respectful to the court!

Follow Your Lawyers Advice

Not only have lawyers spent a long time in school to learn the laws of the nation. They have also gained a great deal of experience in dealing with the courts and how laws are applied. They have a pretty good idea what will fly. Also what will not when it comes to missing dates and appearing for DUI and DWI charges.

Your  lawyer may tell you that you really need to attend the next court date and you need to dress appropriately. He or she is telling you this based on the experience they have in dealing with cases such as yours. If you do not communicate with your lawyer, advise them that you cannot make it to court for some reason , there is not much they can do for you. Always call your lawyer and follow their advice. They will ensure that whatever charge you are faced with will be minimized to the extent the law allows given your circumstances.

Your comments are welcome on this and other issues.

If you have Mesothelioma or know someone who does, then you already know how difficult , frustrating and expensive this disease can be. The most frustrating part is that it did not need to happen. If the companies that employed you had only had their people follow the proper precautions. The disease could have been avoided and you would now be healthy.

Now you have to deal with the disease with all of its attendant medical bills. Also health issues that must be dealt with to enable some sort of quality of life.  And at this point that is really what we are talking about, quality of life. It is not going to get better, only worse. You need to focus on two things – quality of life for your self and quality of life for your family.

Mesothelioma – Dealing with It

This is the most difficult thing for most people to deal with. Ensuring that your family is looked after. Also that you do not generate huge medical bills which cannot be paid off simply due to their size. Although certainly not a perfect solution hire an attorney to help you sue a company. Maybe you can recover some of the cost or all of the cost from the company that caused this problem in the first place.

Attorneys that specialize in class action suits for Mesothelioma sufferers advertise on the TV and in newspapers as well as over the internet. They look for people to come forward and participate in a class action suit.  These class action suits depend on many people with similar conditions and medical issues. Many people have dollar signs in their eyes. Unfortunately it is much more difficult than anyone thinks it is. Some of these law suits can go on for many years before there is any resolution. On top of that the lawyers expenses and fees can add up significantly. Especially if the class action suit goes on for a long time.

Class Action Law Suits

Many people are surprised about the amount that they finally receive from a class action suit and it is certainly not the millions that is commonly shown in the news papers by the time you pay for all of the legal expenses and other costs that go with a lawsuit. Also the proceeds needs to be split between the members of the law suit as well.

Still, even a small amount of money can be a god send for many sufferers of Mesothelioma, since they will have lots of medical bills and probably have not been working so their family suffers as well. Any amount of money will be helpful and that is one of the major reasons that people who suffer from Mesothelioma join many class action law suits.

The other reason many people will join class actions suits for Mesothelioma is that they are angry. Their quality of life has suffered greatly, their family life is in jeopardy and their bills are mounting. On top of that they are missing out on all that life has to offer. Because they simply do not have the strength to participate in what life has to offer.

Angry people want to send a message to the people and the faceless companies that did not bother to give any serious consideration to the people who worked for them. They also want to stop this thing from happening to other people and to protect their children and their grandchildren.

Take Action To Send a Message

If you fall into any of these categories, have Mesothelioma and want to do something about it, look for a qualified attorney that will take your case and do something about it. There are many charlatans out there so choose carefully and talk to people who have been through what you have. You will have to undergo a number of medical tests to confirm your disease and to confirm that it was caused by your company at your work place. All of this is needed to make sure that the law suit is successful.

Your comments are welcome.

Mesothelioma Attorneys have been helping out people all across the country, fight legitimate cases in the courts. They claim damages against companies, which are responsible for their deadly plight.

Asbestos Litigation in the U.S. has resulted in some of the largest legal awards paid out to workers. These are people who suffered at the hands of negligent companies dealing in asbestos. It has generated a new breed of lawyers known as Mesothelioma Attorneys, named after the deadly cancer disease. These same lawyers also make a great deal of money as well from these decisions.

Mesothelioma Attorneys

They specialize in representing clients with malignant cancer in the court of law for compensation. If you or a loved one has been suffering because of asbestos related problems, contact an Attorney Mesothelioma  for help.  An award such as this may be what you need to pay medical bills that are mounting up.

It is in the best interests of every Mesothelioma sufferer to contact a Mesothelioma Attorney. They can pursue the matter for their benefit. By fighting in the court of law, you are not just doing yourself a favor. You will end up helping your entire family.

The origin of malignant mesothelioma, a rare form of cancer, is directly linked to the companies dealing with asbestos. Most people with malignant mesothelioma have worked on jobs where they breathed asbestos.

Where are the Cancer Cells Found

The cancer cells are found in the sac lining the chest or abdomen. The symptoms are shortness of breath, pain in the chest, or pain or swelling in the abdomen. Many sufferers develop these symptoms. They also worked in an environment that was contaminated with asbestos. Contact your physician immediately for an assessment.

In addition, you may be entitled to collect Millions of Dollars from negligent companies. Which are responsible for your problems. A Mesothelioma Attorney can fight in the court on your behalf to get the rightful compensation.

Find a Mesothelioma Attorney

You may need the services of a Mesothelioma attorney if you have the following symptoms. The accumulation of fluid in the pleura, weight-loss, blood clotting abnormalities, and even fever. All of the symptoms are potential symptoms of cancer sometimes as long as 50 years ago. This was during times when there was little or no protection from asbestos fibers floating in the air. They became lodged in the skin of the lungs. Sometime later they will cause cancer to begin in or around the lungs.

Many people have successfully sued their previous employers for medical benefits, pain and suffering. It is important to hire a mesothelioma attorney or perhaps joining a class-action suit. Sue directly your previous employer to get the support and financial assistance you require. Many people find themselves destitute due to huge medical bills. They can accumulate as a result of fighting this debilitating cancer.

Be careful of your expectations. Many people are receiving huge decisions in their favor. However much of the money may go to paying for lawyers fees. Before you sign one of these class action suits, read the details . Ask the lawyer to explain hypothetically how much money you will receive if the case is won in court. This is important since you will quickly see just how much the lawyers fees are. The answer will help you understand what the sufferers end up with.

Nevada has a lot of liberal laws however driving while under the influence of alcohol or drugs is not one of them. You do not want to be stopped by the Nevada State police for drinking offenses. Or in any other state for that matter to avoid convictions and hefty fines and penalties.

The majority of people in Nevada are in fact tourists that come to Las Vegas, Laughlin, Mesquite and Reno to gamble. They enjoy the entertainment and many great restaurants.  There are many smaller locations in Nevada. They have small casinos that offer gambling, entertainment and cheap meals for their patrons.

Nevada DUI Attorney – Free Drinks at Casinos

In fact most casinos offer free drinks as long as you are gambling at the tables or on the slot machines. Tip the waitress or bartender each time you receive a free drink. You will be sure to have all you ever want to drink. In fact I have seen a heavy tipper, receive a new drink even before he could set his empty glass down after finishing his drink. While this sounds great to be receiving all of these free drinks, the casinos do this for a reason.

They know that your judgment is impaired even after having one drink . The casino knows that patrons become less cautions about their gambling. Patrons will gamble more and likely will continue gambling after winning a jackpot. They take advantage of the situation and it is a relative safe environment as well. However if you then get into a vehicle to drive home or back to your hotel, then this could be a very unsafe situation.

The casinos in Nevada will continue to give you drinks as long as you are gambling and are not obviously drunk or causing a scene. They will not take any responsibility for the money you lose. Or if you get behind the wheel to drive. We have seen so many people having several drinks at one of the casino bars after work. We know they are getting into their cars and trucks to drive home.

Over the Limit?

There is no question that they are over the limit when it comes to DUI offenses. That they are impaired and cannot make quick decisions when it comes to driving. In the larger cities, there are lots of taxis. This is by far the best solution for getting around to avoid any accidents and charges for DUI.

Las Vegas is a large city and the strip has become so congested with traffic, people and complex driving situations. It is difficult enough to drive on the strip when you are sober let alone be impaired and trying to drive. Pedestrians, some of which are also impaired do not obey the walk signs. Many block routinely block traffic while they are crossing roads. Every year many people are killed in Las Vegas due to traffic accidents caused by errant pedestrians crossing roads when they should not or drivers being reckless with their cars. Many of these accidents could be avoided if drivers were paying more attention and not under the influence of alcohol.

Nevada DUI attorneys are available to help you if you should be stopped by the police and charged with a DUI offense. Don’t wait too long after being charged. Your attorney can intervene on your behalf. Especially if your car has been impounded and / or you are in jail. Note that if you do not have another sober driver with you, and you are over the limit, your car will be towed to an impound lot. You may be put in jail over night to sober up. Most people can reclaim their car 24 hours later,. However there will be a hefty towing fee to pay before they will give you your keys.

Consequences of a DUI

Having your car towed and spending a night in jail is not your worst problem. Being convicted of a DUI offense, perhaps spending more time in jail and paying a hefty fine can have a significant impact on you and your family’s life. You may lose your job. You may lose your house if you cannot pay the bills. In addition you may have significant legal fees to pay as well. In addition if you injured someone while driving, the cost will be significant.

Why not avoid the entire DUI possibility in the first place? Arrange for a taxi or a designated driver if you are going to drink.  If you must drink and cannot get a taxi, take some time to sober up before getting in the car and driving. It is just not worth it to drink and drive and suffer the consequences.

Las Vegas, the city of lights is known for gambling, fine food, superb entertainment and lots to drink. All while you enjoy the night life at some of the many casinos. Unfortunately many people who have a few drinks in one of the casinos also drive. They get pulled over by the police in a DUI stop. This is when they need the services of a Las Vegas Dui Attorney . Why ruin your vacation or business trip, take a taxi and leave your car were it is.

Las Vegas is all about gambling, enjoying yourself and indulging in some of the fine restaurants in the casino hotels and restaurants around the city. If you gamble in Las Vegas, then you probably already know that the drinks are on the house as long as you are gambling. Tip the waitress every time she brings you a drink . You will find that you can have as many as you want. Unless you become so inebriated that the security staff become aware of your condition and ask you to leave.  Most people will have no problem at all having enough to drink to put them well over the limit allowed by Nevada law.

Las Vegas Dui attorney

The casinos do this to loosen you up so that you make decisions with your money regarding gambling. You may not stop gambling and feel free to keep going even after winning a jackpot. Let’s face it they want you impaired so you will make poor or slow decisions.

If they know this they you should also be concerned about drinking and then getting behind the wheel to drive. I have driven many times in Las Vegas around the strip area and find it confusing and difficult to drive in when sober let alone drive while under the influence of alcohol. There are so many lanes, there are so many signs and so many exits and on ramps along with thousands of people who are walking and not paying attention.

They walk across streets when the walk sign is flashing. Taxis are routinely blowing their horns at these stupid pedestrians who literally take their lives in their hands crossing the street when they should not be. Many of them are probably walking while under the influence. I guess that is better than driving. With all of this confusion, why drive at all in Las Vegas when you can take a taxi and not worry about driving or being stopped by the police.

Las Vegas Dui attorney – Take a Taxi

If you do drive after having a few drinks at the casino and are on the strip, there are so many obstacles and places were you can have an accident, it is just not worth it. There are police in cars as well as on bicycles and on foot. We have seen many people stopped and being assessed for DUI along the strip. What a way to ruin your vacation, being stopped and charged with a DUI offense. You lose your license for at least 24 hours or more, the rental car is impounded or your own car is impounded and your friends will think it is a big joke and laugh at you for being so stupid to drink and drive. It could be a lot worse. You could have had an accident and someone could be seriously hurt, so what take the chance, take a taxi.

Hire an Attorney

However if you are charged you will want to hire a Las Vegas Dui Attorney to ensure that you get off with the lowest fine and charges possible. Also to avoid jail time, huge fines, losing your car or your license. The cost of a Las Vegas Dui Attorney will be much less than most charges. Not to mention losing your job if you are in jail. The lawyer you hire is going to cost something. You should try to get some kind of an estimate ahead of time. The cost of the lawyer may even be more than the potential fine that you will be asked to pay. However if the fine also includes a conviction offense, this will stay with you for life. It will impact your ability to get a job, to rent cars to get loans and to get reasonable car insurance.

Your life is definitely worth it to avoid drinking and driving in the first place. It is also definitely worth it to hire a lawyer to avoid a conviction. Which could affect you for the rest of your life.

Most legal firms have attorneys with a variety of skills so if you have been charged with a DUI offense, make sure you are being represented by a Las Vegas Dui Attorney with experience. It can make the difference between a successful defense and charges that stick. Hire a specialist Las Vegas Dui Attorney for your needs instead of a general defense lawyer.

DUI Offenses can be one of the worst charges that you may receive in your lifetime due to the consequences. You might be involved in an accident, causing damages to other people, or their cars. There is also potential  loss of your job, jail time, fines and major embarrassment. Some are more serious than others. But why would you want to take the chance of any of these happening. An accident can occur in a split second and you have no control over the outcome. Being stopped by the police is one of the least problems you could have compared to an accident where someone dies.

DUI Offenses – One Drink?

Most people will have a drink or too at a party or after work and then get into a car to drive home. Depending on your metabolism and the rate that your body removes the alcohol from your blood you may be over the limit for your state. However even if you have one drink you are under the legal limit in most cases, but you are impaired.

It pays to be careful for a lot of reasons. No one wants to be stopped and charged with a DUI offense, but there are more serious consequences to drinking and driving. Even if you have just one drink, you are not as alert and attentive to driving as you would normally without a drink. Reaction times are slower and your attention to detail is much less even after one drink. In most situations, people all over the country drink and drive and make it home with no problem at all.

But what happens if you are on a busy highway , traveling at high-speed when someone ahead of you makes a sudden lane change  or does something else that is dangerous. Suddenly you need to make a split second decision and react to the situation ahead of you. Even a half second delay can impact your ability to avoid a crash and survive. Do you really want to take that chance with your life and that of your passengers? What about your family and who will look after them if you are in jail or worse, dead.

DUI Offenses – Why the Police Get Near the Window

If you are stopped and the officer is leaning into the window to talk to you, it is not so that he can hear you.  He is leaning into the window so that he can smell your breath. He will decide if further action is required. This is in addition to just listening to you talk as you answer his questions. He may ask you to get out of the car to further assess your condition and determine if you should be charged with DUI ( driving under the influence) .

Follow the directions exactly and do not try to argue or resist. The officer will be forced to take more extreme measures. Clearly do not want to experience that kind of situation. A person should be aware that these officers have stopped many people and dealt with many situations. They are rightly concerned if you do something that would arouse suspicion. Or make them think that you might be concealing a weapon.

If you are stopped, sit in the car, hands on the wheel so that the officer can see your hands and that there is nothing in your hands that he needs to be concerned about. If you do need to reach for your wallet or insurance, let him know where it is and that you are going to get it out of your pocket. The last thing you want is to cause the officer to think you are reaching for a weapon. They have seen it all and cannot be too careful.

Getting a Break – DUI Offenses

Most policemen will give you a break with a warning if you are not over the limit. Also cooperate with the officer while he is making his assessment. Arguing or giving the officer a hard time will just make him mad. After all he is the one in charge and can easily charge you with DUI. Even if you are innocent, fight the charge and get it dismissed, look at the hassle you have to go through. Also the money you would need to pay a lawyer. It is just not worth it to drink and drive. Or give the officer who has stopped you on suspicion of DUI a hard time. Deal with it in a mature manner and make a rule that you will never let this occur again.

It is so easy to have a few drinks at an office party or at the bar after work or at a party on the weekend. Planning ahead of time who will drive and take responsibility to get everyone home is the smart thing to do. You may have just saved a life including your own.

Being stopped for driving infractions can be a traumatic experience for most people and depending on the situation  can be even dangerous to your health. Virginia police are always careful when stopping people for suspected DUI offenses for obvious reasons. There have been just too many situations were the people they were stopping have been belligerent. Or even worse come out fighting or with weapons.

Virginia DUI Offenses

If you are stopped for any offense, including DUI, remain calm and do exactly as the policeman says. You can usually avoid more dangerous situations. Hands on the wheel were the police can see them, no sudden moves and communicate clearly. Move slowly especially if you need to reach for a wallet in a potentially concealed place. You have to remember that the policeman is concerned that you might come up with a weapon of some sort. Especially when you remove your hand from a concealed location such as the glove compartment. Or when reaching to get your wallet out of the back pocket of your pants. He does not want to see a weapon in your hand.

The best defense against a DUI charge is to not drink and drive in the first place. There are so many options available that really no one should get charged. Have a friend drive you, take a taxi, control your drinking or wait a few hours before getting behind the wheel. If you do get charged after being stopped while driving your car then you will need to take the next steps carefully.

If you are trying to decide if you need a Virginia DUI Attorney, then perhaps the following will help you. DUI (Driving Under the Influence), commonly known as drunk driving, is legally defined as driving a motor vehicle on a road or highway while under the influence of an intoxicating substance. It is a simple law, with a surprisingly large gray area of actual DUI culpability. A Virginia DUI Attorney can assist you through this gray area.

Virginia DUI Offenses – Consequences

The consequences of being charged and convicted can be significant. You could lose your license to drive, be thrown in jail, lose your job  and then there is the embarrassment at work and with family.

The primary determining factors of DUI are whether the defendant was driving, whether what he was driving was a motor vehicle, whether he/she was on the road, and most importantly whether he/she was intoxicated. While some are more easily determined than others, the most vital question appears to be whether the defendant was actually intoxicated. Virginia DUI Attorneys find this issue is at the core of the argument and presents the biggest challenge in dealing with the DUI statute.

Recently, new DUI statutes have been enacted to avoid this complicated intoxication issue and you need to have a Virginia DUI Attorney who is familiar with these changes. These statutes augment the law by not requiring a demonstration that the defendant was under the influence. Instead, the proof rests on a mere reading of a machine to determine the culpability of a suspected DUI driver. These statutes, often referred to as per se, define DUI as driving a motor vehicle on a road or highway with a blood alcohol level of approximately .1. The actual legal blood alcohol level varies from state to state.

DUI Testing

These tests are very important and the longer you can delay taking the test may impact the actual reading. Your lawyer will help you understand the potential charges and the results if you are convicted. Once you know these facts, you can decide if you want to fight the charge. Or just opt to pay the fine and possibly do your time. This is an important decision, since a conviction will stay on your record for life. It will always be looked at should you be charged in the future with a DUI charge.

A friend of ours was charged with DUI and would have been convicted had he not got a lawyer. The fine would have been $1500. He would have had a first conviction which stays on his record for all time. He hired a lawyer to fight the charge. Which was subsequently dropped because it was a first offense. So he got off without any fine or any conviction at all. Now the lawyers charge was also $1500, so in effect he did pay for his being stopped. But there is no conviction on his file and he also did not lose his license.

Losing his license would have also meant that he would have lost his job as well. Which would have been even more significant. His income would have been in jeopardy. His insurance company might increase the rates significantly as well for his car insurance when he does get his license back.

Hire a Virginia DUI Attorney whenever you are charged with an offense such as driving under the influence to avoid losing your license, going to jail and receiving a conviction.

We talked about Preparing a Will, about estate plans, selecting a lawyer, role of an executor. In addition the type of wills that consumers can consider in some of our previous posts. This post focuses in on why many people close to us for various reasons delay the preparation of a will. If you fall into one of these categories we would really like you to reconsider. Prepare a will today, to avoid additional complications for your family. We all know that a will is needed. But for some reason we just cannot get going and get it done.

You have already read some of the impacts that might occur if you do not have a will in our other posts. We will not repeat them hear. But we do urge you to read some of the posts on this web site to learn about some of the issues associated with not having a will.

There are many reasons for needing a will. They range from the desired distribution of assets to how you want your funeral to be arranged. In addition how your personal care should be dealt with if you are disabled and you cannot make decisions for yourself.

Why do People Avoid Preparing a Will?

The reasons vary. But for most people they result in you and your family being exposed to the legal morass of not having a will. A few of the many reasons are listed here and why they might not be good reasons to delay preparation of your will. For example: Too Young; No Dependents; Too Healthy;  Too Busy; Legal costs; Can’t decide Who Should Receive the Assets ; Can’t face the Prospect of Death

Too Young

You are never too young to have a will. Anyone can have a car accident, be involved in an altercation or have a serious health issue. As a result they find themselves in a situation where they cannot make decisions for themselves or are dead. A living will can specify how you want to be looked after. A will can dictate how your assets will be distributed.  As a result most people do not wake up to this situation until a close friend passes away without a will. Or they see how decisions are made for someone who cannot make their own decisions.  Therefore take control of your life now and arrange for a will to be drawn up that covers both the living will aspect as well as your estate.

No Dependents

Some people feel they do not need a will since they have no dependents. They really do not care were their assets end up and how they are looked after.  Do you want your friends and family making decisions regarding your estate or some bureaucrat?  How do you want to be looked after if you are in a coma and cannot make decisions for yourself? Perhaps you want your estate to go to a cousin or brother or sister. In conclusion, having a will can cover all of this and your estate is divided based on your directions.

Too Healthy

I am too healthy right now to worry about needing a will. I plan to live for another 40 years so I will deal with a will in a few years. This is a common feeling among many young healthy adults. As a result the wake up call usually occurs when a seemingly healthy close friend or family member passes away.  Why wait, you can always change your will later in life if needed.

Too Busy

You are in the middle of your career with a challenging job, the kids are in activities after school and there are no extra minutes in your life to think about preparing a will. We have all been there, and know what it is like to not have any time for what we consider to be lower priority activities. A life changing event can change your perspective and sometimes it takes this sort of thing to refocus people on their life and what is important to them. It only takes a couple of hours with a lawyer to draw up a basic will to ensure that you and your family are protected. Don’t wait for something catastrophic to happen to trigger the preparation of a will, do it now.

Legal costs

The legal costs can be an issue for many people living on a small income or without any extra funds to spend on what might be considered a low priority. Like insurance, a will is for something that may occur in the future. At the very least prepare a will using one of the online versions that are available. Save it and store it were members of your family can find it. Most important tell your family members that you have prepared a will. Meeting with a lawyer is always best and a basic will can often be prepared for a few hundred dollars. A lawyer will ensure that the proper language is considered and all aspects are looked after.

Can’t decide Who Should Receive the Assets

This can be an issue, especially for some parents or people without any direct heirs to their estate. The worst situation is to die intestate (without a will) and the government decides for you who should receive the assets. You can always change the will later in life. Instead have a will prepared now that deals with both the living will aspect as well as the estate distribution. Then change it later if your life changes or if your personal situation changes.

Can’t face the Prospect of Death

Some of us do not want to even think about the prospect of our own death. We are young, healthy and immortal, so why would we ever need a will? Hence this feeling is pretty typical of younger people and even middle age people. Unfortunately reality hits when we get sick. Or a close family member finds themselves in a situation that would have been greatly improved had they prepared a proper will.

We cannot predict life events. We cannot predict what will happen to us as we go about our daily activities. In conclusion, preparing a will is a relatively simple thing to do and you can change it at any time should circumstances in your life change. Make arrangements now. Therefore don’t wait until it is too late!

Imagine that you’re just moving into a new town and looking for a new home to purchase. You probably have hired a real estate agent to help you look for your new home, or you may meet a real estate agent at an open house. But how do you find a lawyer, one that you can trust to do a good job for you on Real Estate Transactions?

There are so many legal firms in every city specializing in various kinds of legal activities. Sometimes it is hard to choose a lawyer for a simple real estate transaction. If you are new in the city who do you talk to? Your friends are all at home where you are moving from. The only real contacts that you might have will be business colleagues and possibly your real estate agent. In this post, we will examine some of the ways to find a good lawyer who will do your real estate transaction for a reasonable price.

Real Estate Transactions – Recommendations from Colleagues, Friends, and Neighbors

One of the best methods to find a good lawyer is from friends, neighbors, or even colleagues at work who have lived in your area for some time. When you hire a lawyer to handle your legal real estate transaction requirements, you also may want to consider whether that same lawyer can handle your will and other similar legal issues that may arise. Colleagues at work, particularly if you are in a new city are sometimes best people to talk to about recommending the real estate firm that specializes in legal real estate transactions. Most people will have purchased a home and have a lawyer that the deal with and will also be able to give you an indication of what they will charge or have charged in the past.

If you’re changing homes within an existing city and do not have a lawyer, talk to your friends and neighbors and even your in-laws about a lawyer that you could use. Find out what price they have charged in the past for handling a real estate transaction and how responsive and how good the service was. You may even try several lawyers by phoning their office to find out what kind of fees they charge and whether they will be able to handle your transaction or not. A recommendation from a friend or neighbor or colleague is sometimes the best way to find a good lawyer that will meet your needs.

Look in the Yellow Pages

Another way to find a real estate lawyer is to look in the advertising sections of the newspaper as well as the Yellow Pages. In some countries and some states or provinces, lawyers are not allowed to advertise. In those locations, you’ll be left with asking for a recommendation from your real estate agent, from a colleague at work, or friends and neighbors. Hiring a lawyer listed in the Yellow Pages is a bit like throwing a dart at a dart board. You’re never sure what kind of lawyer you will hire and how good their service is and at what price.

Real Estate Transactions – Recommendation from Your Real Estate Agent

Many real estate agents, especially those who have worked in real estate for some time, we’ll have a list of lawyers that they deal with,  who will handle their transactions efficiently and at a reasonable price. When you’re dealing with a real estate agent, particularly in the city, they are often the best person to ask about recommending a legal firm to handle your real estate transaction. Again you may ask for several recommendations so that you can compare both services as well as the price for your legal real estate transaction.

Questions you should ask Your Lawyer

Regardless of which lawyer you hire and who provided the recommendation for the legal team that you will use there are several questions that you should always ask your lawyer or his clerk prior to giving the go-ahead to handle your legal real estate transaction. These questions are not all-inclusive; however, in our experience, they are some of the questions that should always be asked before making a commitment.

• What price will he charge for the legal work for the real estate transaction?
• What additional fees will there be to close the transaction?
• Will the communication be by phone, fax, or by e-mail?
• Do these fees include a title search?
• Will they handle all of the bank transactions?
• Will they provide a final report after the transaction is complete?
• In the statement of adjustments will they include adjustments for — taxes, utilities, condo fees, and any other incidentals?
• Will they hold your down payment and proceeds from the sale in trust for you?
• How will the funds be transferred to you if you are selling and how they are transferred to the seller if you are buying?

Summary

One of the best ways to find a lawyer to handle all of your legal real estate transactions as well as prepare a will for you and your family is to talk to people who you know and trust. Friends, neighbors, and colleagues from work are often great sources. In-laws, as well as family, are also good contacts. Follow up with several legal firms to find out what they charge and what the additional fees will be.

Your real estate agent can also provide a recommendation for a lawyer to use. Generally, they have worked with many law firms in the past and can recommend a lawyer they are comfortable working with. This could well be one of the best sources to use. You might even ask for several names and then complete your own analysis before making a final decision.

Review the list of questions we have provided with each firm before making a decision. If for some reason you do not feel comfortable, follow your intuition and try another lawyer before committing. Most lawyers are excellent and will provide great service, however, like every profession, some are better than others, so choose wisely.

In recent posts we have been talking about financial investing and preparing for retirement. All of these investment planning ideas are great. Especially the 10 % investment plan approach and diversification.  However every one of us needs to step back. Look at the big picture and consider our estate plan and what that really means. There are lots of issues to consider and we will try to cover a few of them here.

What is an Estate Plan

Estate planning takes into account your needs while you are alive. Also your estate needs and also your family’s needs after you are gone. Each of these areas is important to your financial health, to your personal health and of course the health and welfare of your family. Not having an estate plan leaves everyone exposed and possibly experiencing much more personal heart ache . Even financial hardship that is not needed and not necessary.

Without careful planning, without having a will for example, your estate could end up in the courts for months. The only people who get money from your estate are the lawyers and the government. Your family stands to lose a great deal of money to the legal people. The government may even take more taxes than they should because of bad decisions.  Meanwhile your family is waiting to receive funds that they may need to live on while the courts fight it out and the lawyers collect their fees. One of the first requirements of an estate plan is to prepare a will and consider the following areas carefully in your plan.

Distribution of Assets

One of the first decisions you will need to think about is who your executor will be. This person or persons will have responsibility for following your instructions with regards to how your assets will be distributed. Note an executor cannot change the will, they must follow the instructions in the will both in who the assets go to, when they are distributed and also finalizing and closing all loans, mortgages and taxes that may still be outstanding. They will also sell assets if needed to pay for these outstanding debts. You can have one executor or several. Obviously it is easier to handle if there is one executor, however for family political reasons or for reasons of financial control you may want to have more than one executor to manage your estate plan.

Who Receives the Assets and When

In order for your executor to do his or her job you must decide and place in your will the direction regarding who your assets will be distributed to and when they will be distributed. Note that your executor will need to ensure that all debts are paid. For example loans, mortgages and especially taxes are paid prior to all of the assets being distributed. This can sometimes be a frustrating issue for many people who are expecting asset distribution. As an executor you have responsibility to close your tax file with the government. Also ensure all taxes have been paid. It is much easier to pay the final taxes from assets that have not been distributed than it is to ask for funds to be returned from your heirs. Your will should be very clear about this element as part of your overall estate plan.

Who will take Care of your Children?

If you have young children and even those who are adults who may still be in school should be considered in your estate plan. One of the things every parent wants to do for their children is provide the best opportunities they can for their kids. Having an estate plan which lays out who will take care of the kids is important. Also who will look after their finances is an extremely important part of the estate plan. Leaving it to someone else or worse the government is one of the worst things you can do. Build this aspect into your estate plan so that your family is well looked after.

Who will Manage Your Trust Accounts?

You may already have trust accounts, or you may want to set up trust accounts for your young children. Whenever you do this, you will need someone to manage these accounts. Trust accounts are useful in situations where the beneficiary of the trust account is too young or unable to manage their own affairs. You can place the proceeds of your estate in the trust account. Then have a professional manager manage the trust account on their behalf. This is an excellent way of managing the affairs of for your children and beneficiaries who are too young to manage their own.

Who will Make Financial and Medical Decisions if you are incapacitated?

The last area of your estate planning takes a look at what happens if you are in an accident. Or have a health issue that prevents you from managing your own affairs. Your estate plan creates what is called a living will. Which designates a person who you trust, to manage all of your affairs while you are still alive and unable to manage your own affairs. Not only will they manage your estate as part of a living will. They will also have the responsibility to make decisions concerning your health and treatment that you receive while you are incapacitated. The executor of your living will should be selected with care. They will make decisions on your overall health and well-being, while incapacitated.

One last point. If you decide that you want to contest a will that has been prepared and meets all of the legal requirements, remember that the lawyers involved will charge a significant fee. Before you go to court, ask yourself if the fees that the lawyers will collect are worth what you may eventually receive. Assuming you win the case in court, if not you could end up paying for your own legal fees, plus those of the estate!.  It is often said that inn legal contests, only the lawyers ever win. Make sure that your estate plan and will are well thought out. It should be beyond reproach to avoid any future legal action. Which could jeopardize the estate that you want your heirs to inherit.

Whether you have a large estate or a small estate there are many issues that you should be thinking about if you want your estate handled in a manner that meets with your approval and also that your family is looked after. Depending on the complexity and the size of your estate you may need the services of various professionals. These include a lawyer, a financial adviser, an accountant, and insurance agent or a trust officer.

The building blocks to a proper estate plan include. A Will, Trust, Life Insurance, Power of Attorney for Property. In addition Power of Attorney for Personal Care, Living will, Organ Donor Card, Funeral Arrangements, Business Succession Plan, Tax Planning. We will cover each briefly in this post and expand on each in later posts. We have briefly refereed to some of these issues in past posts as well.

Your Estate Plan – get started

Will – The core document of your estate plan outlines the executor who will administer your estate. They distribute all of the assets according to your directions In addition they pay your taxes and close up all of your accounts. If there are children involved, they will make arrangements for their guardians. The will is the most important part or your plan. It usually requires the services of a lawyer to ensure that everything is considered and properly laid out as per your instructions.

Trust – a trust is set up in situations were you do not want the assets immediately distributed to the beneficiaries  after your death. You may also set up a trust to manage assets on behalf of minors. Or other people who cannot manage the assets themselves.  The services of a lawyer to set up the legal trust and a trust officer may be required to manage the trust following your guidelines.

Life Insurance – is often forgotten about until it is too late. Purchase life insurance while you are young and healthy. Once you have some sort of health issue, it may be too late to purchase health insurance. The life insurance companies may turn you down. Life insurance can provide for your family after you are gone and also pay off debt that you might have accumulated so that your family does not have to deal with it.

Power of Attorney

Power of Attorney for Property – there are two powers of attorney, one for property and one for personal care. The power of attorney provides for a trusted person to mange your assets when you are still alive and are unable to look after them yourself. Choose someone your trust and know that they will do an excellent job for you. There job ends when a person passes away. At that point the executor will take over these duties unless the will makes other provisions.

Power of Attorney for Personal Care –This power of attorney provides for a trusted person to make decisions about your personal care in a situation were you are unable to do so. Their role also ends upon death of the person they are responsible for. It is important to select someone you trust and to also indicate what your direction is in terms of how much care you want to receive.

Living Will – The living will sets our the direction to your power of attorneys for personal care and for property . The main focus is on personal care. Communicate your wishes in terms of the amount of care to be given if you are very sick , continuing life support and cannot recover. It also provides for someone to also manage your assets while you recover or are unable to make decisions yourself.

Organ Donor Card – is an official statement about how you wish your organs to be treated upon death. Whether they can be used to help other people who are badly in need of donor organs. You should discuss this with your family and your doctor. They should know ahead of time and the appropriate steps can be taken.

Funeral & Taxes

Funeral Arrangements – are often complex and difficult in a stressful and emotional situation. Make your funeral arrangements ahead of time. Communicate your wishes in advance can be a big help to those whose responsibility it will be to make those arrangements.  It can also be all about how you wish to be remembered.

Business Succession Plan – lays out what will happen to the business that you own in part or in whole. Selling a business or passing it along to your heirs is governed by a complex set of laws. Which can be greatly simplified if there is a well understood business plan in place and understood by the necessary parties.

Tax Planning – to minimize both probate taxes and income taxes in Canada. Also estate taxes in other countries should be managed carefully to minimize the taxes your estate will eventually pay. These taxes will be paid out of the assets of your estate. It is important that executors do not distribute all of the asserts are distributed until the taxes are all understood and paid.

There are a host of areas that many sellers and buyers need to consider when selling or buying their homes regardless of whether you sell it yourself or sell your home through a real estate agent. We are listing some of the more popular real estate selling and buying tips you can follow. Make sure there are no obstacles when it comes to selling or buying your new home.

Always review what ever ideas you plan for your home with your real estate agent. They may have specific tips that work in your market. Also with the target market that you are aiming at for your home.

Real Estate Selling Tips to Sell Your Home

Decor – tasteful decorations, neutral colors and furniture that make the house show well without shocking the buyer. Buyers should measure all rooms to make sure that your furniture will fit into your new home.

Do not restrict access – Sellers should not set specific times for appointments. Remain flexible and reasonable to allow all potential buyers access. As owners try not be present during showings unless you are selling your home yourself.

Research Neighborhood – potential buyers should research the neighborhood. Look at local schools and after school programs. What is the neighborhood like at various times of the day? Check the transit schedule.

Good Deals at Auctions – can be found, but be careful not to get caught up in the excitement and bid too much for a home you have not had the chance to inspect. You never know what problems you are buying into.

Owner not present at open house – Owners who are present at the open house tend to intimidate the visitors. Be careful to not get defensive when people are critical of your decor or layout. They are taking the time to assess whether they could live in your home, so be patient.

More Items to Consider

Sell anytime, why wait for spring – homes sell anytime of the year. Why wait and sell in the spring for example when there is lot’s of competition.

Invest for Long term – buying real estate is a long term investment. Trying to play the real estate market the way you would the stock market is not possible with real estate with all of the inherent costs of buying, selling and moving.

Market home in different ways, MLS, Internet – There are several ways to market a home including MLS, Grapevine and traditional sales approaches like newspapers. Use them all to sell your home.

Remodel vs resale cost recovery – remodeling your home prior to selling can be a positive thing to do to prepare your home for sale, however be careful to manage your spending. Not all renovations will pay off and you may not get all of your money back.

Virtual tour of home – online virtual tours of your home provides a great way for people to see your home and decide if they want to visit for a more informed view. Always visit a home before buying any home.

Verify real estate advertising – verify all claims your real estate agent makes regarding their advertising. If you are looking at a home, check out all of the claims and confirm for yourself that these claims are true. There are code wors they all use to describe a home .e.g fixer upper equals ” needs a lot of work”

Final Issues to Consider

Treat hiring an agent like a job interview – you are hiring an agent to do a job and paying them a great deal. Hire them as if you were filling a job. Interview several agents before you make a decision.

Estimate time required for sale by owner – sales by homeowners take lots of time. If you do not have the time to manage your sales process, buyer visits and negotiations, your expectations may not be met.

Don’t purchase most expensive home on the block – purchasing one of the cheaper homes on the block means you are likely to get more money for your home when you sell since it will be  compared to all of the other homes in the area.

Set a budget for purchasing real estate – set a budget related to what you can afford to purchase that includes all utilities, decorating and moving costs along with monthly mortgage installment payments

Visit more than once before purchasing – visit many homes to get an idea of what is on the market and the prevailing prices. Visit the home you will by several times to make sure you see everything and avoid surprises. This can save you thousands of dollars

Be proactive at closing, get documents ahead of time – read all documentation ahead of time and know what you are signing, particularly the mortgage documentation so that there are no surprises.

Renovate before you sell and manage your costs – some times it is good to renovate before you sell. Renovations will help you sell your home more quickly, but you should not expect to get all of your renovation costs back.

Last of the Issues to Consider

Obtain pre-approval for a new mortgage – having a pre approved mortgage gives you the confidence to know which houses you can afford and make an offer on a home.

Don’t fall for the first home you see – The first home may be fantastic, however take the time to imagine what it looks like without furniture and how your furniture will look in this new home. Visit many homes to see what is on the market.

Obtain a professional inspection – can save you thousands by identifying major repairs that may be required and give you some negotiating room with the seller.

Don’t overlook hidden costs – such as window coverings, repairs to identified areas, selling costs, moving costs, decorating costs, landscaping, appliances, legal and taxes

Purchase what you want vs. what you need– buying more than you need only increases your monthly installment payments, leaving less money to do other things.

Don’t set your selling price too high – setting your initial price too high limits the market and may cause your home to be overlooked when buyers are doing online searches. Avoid getting greedy if you want to sell your home quickly.

Stage your home so that it shows well – A messy home or over crowded home just will not show well.  A cluttered home will make it difficult for the buyer to picture themselves moving into the home. Make sure your home is clean , tidy and not cluttered to maximize the selling value of the home.