Archive for the ‘divorce law’ Category

posted by admin on Feb 26

By Fred Hawser

Mesothelioma is a rare form of cancer found in the mesothelium. The mesothelium is a protective layer covering a person’s internal organs. In the U.S., 2000 cases of mesothelioma are reported every year. There is a link between mesothelioma and asbestos. People working in a job where asbestos particles are found increase their risk of mesothelioma.

An individual who has had a mesothelioma diagnosis should contact a New Jersey mesothelioma attorney right away. Exposure to asbestos makes up 70 – 80% of mesothelioma cases. If you have were diagnosed with mesothelioma because of asbestos exposure and you live in New Jersey, mesothelioma attorneys can help. You may have right to seek compensation for your damages.

Go see a doctor if you experience the following mesothelioma symptoms:

Shortness of breath

Pain in the chest

Loss of weight

Pain in the abdomen

Anemia

Bowel obstruction

Fever

Blood clotting

These symptoms, by themselves, do not mean you have meothelioma. A history of prolonged exposure to asbestos is an important piece of the diagnostic process.

A mesothelioma diagnosis that is due to the exposure to asbestos requires the attention of a New Jersey mesothelioma attorney.

Should you contact a mesothelioma attorney

In New Jersey, the exposure to asbestos can occur from the following places:

Shipyard workers

Asbestos mines and mills

Producers of asbestos products

Businesses of heating and construction

Other trades workers

Secondary exposure to asbestos is also a risk factor for the development of mesothelioma. Living with someone who works in these environments puts them at risk also. The dust from asbestos can get into the workers hair or on the clothing so when they go home they bring the hazardous chemical putting others that live there at risk.

A New Jersey mesothelioma attorney can help if a mesothelioma diagnosis was the result of the exposure to asbestos. An individual has certain legal rights and with the help of a mesothelioma attorney, you may be compensated for your damages.

How a Mesothelioma Attorney Can Help

Studies showed that exposure to asbestos do cause cancer. Defining the connection between the two is difficult to prove but with the help of an attorney, this can be achieved. Attorneys work on your behalf to help get the compensation you deserve. An attorney can help in a number of ways. First, they will be able to determine accountability and amount of damages. The attorney will file a claim on behalf of the victim and conduct research, both legal and financial, to support the case being presented. They will interview witnesses and gather experts who can testify on the victim’s behalf. An attorney will first attempt to negotiate a settlement. If negotiating a settlement is not possible then he or she will represent the victim in court.

It is a fact that exposure to asbestos causes mesothelioma and it is another fact that an individual can file a claim for damages suffered.

Contact a New Jersey mesothelioma attorney to find out your legal options and have your case evaluated.

About the Author: I have a variety of interests but it is my on ongoing interest in the topics of medicine and law that I write about. You can find more articles on NJ Mesothelioma at Fred-Hawser on HubPages

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Read the original: New Jersey Mesothelioma Attorney

posted by admin on Feb 26

By Deborah Dillon

A power of attorney means peace of mind to a lot of people. What they don’t know is that there are several different types of powers of attorney and if you don’t have the right one it can put you and/or your family at significant risk depending upon your particular set of circumstances. An attorney can give you the details of each type of power of attorney and how they work in your state but here’s a quick description of the three most common.

The Most Common Powers of Attorney

• The Universal Power of Attorney allows one or more people to act on your behalf for any reason at any time.

• The Limited Power of Attorney specifies under what set of circumstances or during what period of time someone is allowed to act on your behalf for certain activities. As an example, it can give someone the authority to act on your behalf for all of your financial affairs in the event of your illness or incapacitation.

• The Specific Power of Attorney usually gives someone authorization to act on your behalf for one specific undertaking like authorizing someone else to sign the closing documents when you buy or sell a house.

Beware of the Universal Power of Attorney

So, why is it important for you to know what types of powers of attorney there are and the benefits and risks of each? The answer is that most of us use only the Universal Power of Attorney; thinking that we are protecting ourselves because we lack the awareness of all of the available options. Many people don’t realize a Universal Power of Attorney gives nearly unlimited power to the holder of this document. It gives that person the legal ability to at any time and for any reason access your medical records; withdraw funds from your bank or investment accounts; sign a contract in your name to buy or sell securities, real estate, an automobile or boat; take out a loan and on and on.

Limited Power of Attorney

A Limited Power of Attorney is an option for designated activities that kicks in only in the event of illness or incapacitation (which is valid as long as a doctor continues to certify the illness or incapacitation) or during a specific span of time. These limits reduce your exposure to possible excesses or bad judgments by those who hold your limited power of attorney.

Using Different Powers of Attorney for Maximum Flexibility

Another thing to consider when designing a legal backup system that will come to your aid when the unexpected happens is whether it is a good idea to overburden any one person with all of the responsibilities of keeping your life afloat until you are able to once again take control of it yourself. The person best suited to oversee your financial and small business matters may not be the best person to care for your pets, children or household. Consider that it would be overwhelming for one person to have to take care of all facets of someone else’s life for any period of time. Making separate authorizations naming several different friends or family members to undertake the various responsibilities of your life protects you more thoroughly.

Knowledge is Power

It is equally important that you provide those you have entrusted to act on your behalf in times of emergency or crisis with the information and instructions necessary for them to know how to help you. So, no matter how many authorizations or powers of attorney you may have put into place, you need to make sure that those who hold your powers of attorney know what you want and expect – from your business needs to the running of your household. If you don’t do this, it would be like hiring a builder but not giving him the plans for the house you want to build.

This process sounds daunting but it can actually be very easy and inexpensive with resources like those offered at http://livingsmartguides.com

Whatever tools you select to enable others to give you the help you need in a crunch, don’t delay putting these protections into place so you’re better prepared for whatever lies ahead.

About the Author: Deb Dillon is the founder and creator of LivingSmartguides.com She was diagnosed with a brain tumor and it changed her life completely and from this experience came LivingSmart, thorough legal guides to protect yourself and your family from life’s unexpected events by planning for them in advance. LivingSmart Guides address all important aspects of life – including medical, personal, household, financial, minor children, pets, small business, and estate matters. http://livingsmartguides.com

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Excerpt from: A Power of Attorney is No Cure-All

posted by admin on Feb 26

By Seomul Evans

For some people, the mere mention of the three letters I, R, and S causes a terrible case of dry mouth and shaky knees. Even for folks who have been timely and correct in their tax payments, the thought of interactions with the IRS that go beyond simply writing a yearly check can be very frightening. Add to that scenario the possibility of being audited and the whole prospect can be absolutely terrifying. Now you have an agent who is poring over every scrap of paper you’ve saved for the last year and you have absolutely no idea what to expect.

Unfortunately, the IRS isn’t known for its friendly, chummy agents who aspire to create a win-win situation for everybody, which is why you need to consider hiring a IRS attorney if you find that you are going to be audited. The primary benefit of hiring an IRS attorney is that the attorney will be able to manage all of the phone calls and other correspondence that you receive from the IRS. This means that you’re no longer on-the-spot, nervous and searching for words, every time you receive a call from an agent. Your attorney will also make sure that your rights are respected by the IRS. While you may be terribly intimidated by an IRS agent who calls or sends letters, your IRS attorney has dealt with the agents for many years and can assert himself or herself in a way that you probably aren’t comfortable doing yourself. In other words, the IRS attorney is going to be your advocate throughout the whole auditing process, making sure that your rights are respected and that you can get on with the rest of your life rather than laying awake and night and wondering who will be on the line the next time the phone rings.

Now that you know the benefits of using an IRS attorney, how do you go about finding one? Here are four keys to finding the right one for you.

1. Specialization. Every attorney specializes in a particular field of law, so you need to make sure you hire someone who specializes in tax law. When you’re interviewing potential IRS attorneys, ask them questions about your specific situation and ask them how much experience they have dealing with the IRS. Even if you don’t know how to deal with your specific situation, you can get a good feeling for the competence of an attorney by listening to what he or she says.

2. Trustworthiness. When you undergo an IRS audit, you will be required to share a lot of personal information, both with the IRS and with the IRS attorney. While you can’t choose which IRS agent to work with, you can choose which attorney to work with, so make sure you choose someone with whom you will feel comfortable sharing a lot of personal information, most specifically financial information. Get recommendations from friends and family whenever possible.

3. Background Check. Do some research on any attorney you’re considering hiring. Make sure that he or she is licensed in your state. If possible, get references from the attorney and follow up on them. Conduct a background check online. Find out how long he or she has been in the field and talk to other attorneys in your area to find out what kind of reputation he or she has with other professionals.

4. Fees. Before you hire any attorney, make sure you are very clear about what he or she will be charging you for services. Have the attorney put all terms and items in writing in case you need to revisit it later.

When you find yourself face with a possible audit, you need to call on professional help as quickly as possible. Find a trustworthy, competent, and capable IRS attorney in your area and get the representation you need.

About the Author: Seomul Evans is a Dallas SEO consultant for leading Fort Worth TAX Law Firm and contributor of Free Tax Articles.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=377927&ca=Legal

Original post: 4 Keys to Finding the Right IRS Attorney

posted by admin on Feb 26

By Seomul Evans

Hopefully you will never require the services of a tax attorney, although it’s never a bad idea to consult with one on a regular basis in order to have him or her review your files and make recommendations. But if you do in fact require the services of a tax attorney, make sure you spend some time interviewing various attorneys in order to find one who can address your unique needs and with whom you feel comfortable. And before you choose to use the services of a CPA or bookkeeper instead of a tax attorney, remember that a tax attorney is required to keep all of your information confidential while a CPA is not. Here are some situations in which you may find yourself that require the services of a tax attorney:

1. Audits. This is the most obvious reason for hiring a tax attorney. If you find yourself subjected to an audit, the IRS has noticed a problem with your tax return. Whether you prepared your taxes yourself or hired someone to do it for you, now is the time to hire an attorney. An attorney can help you navigate the audit process and can advocate on your behalf.

While the IRS would like you to believe that tax laws are black and white, they really aren’t. A tax attorney knows this and can ensure that those various shades of gray work on your behalf by using loopholes and an intimate, up-to-date knowledge of tax laws. A tax attorney will also field any correspondence and phone calls from the IRS, which can remove a lot of stress from you and free up a lot of your time. IRS agents are intimidating and use strong language to scare taxpayers into simply giving them everything they ask for without putting up a fight. Tax attorneys aren’t intimidated by auditors, however, and can talk to the auditor in your stead.

2. Back Taxes. People who try to work with the IRS without the help of attorney typically end up paying a larger fraction of the taxes they owe than do people who get the help of a tax attorney. Because the information you provide to your attorney is privileged, you can confide in your attorney about exactly why you didn’t pay taxes in the first place. With that information, the attorney can work to get you the best possible outcome.

3. Business Ownership. If you own your own business, a tax attorney can help ensure that you set up your assets in accordance with tax laws. This means that you can potentially save thousands of dollars in deductions and can help you rest easy knowing that you’re doing everything by the book.

If you find yourself in one of the above three categories, you should enlist the services of a tax attorney right away. There is no way to overestimate the help that they can provide and the good that they can do on your behalf. Whether they simply answer a few phone calls for you and respond to a few letters or actually defend you in court, the services they provide can save you a lot of money and heartache. Audits and back taxes aren’t the end of the world, but they can sure seem like it when you find yourself in the middle of one of these sticky situations. They can be overwhelming and cause you to feel like the whole world suddenly has access to the details of your life. But a tax attorney can mitigate that awful feeling for you, and you’ll just feel more at ease when you realize that you have a professional advocating for you. And even if you haven’t had any IRS trouble, consider consulting with a tax attorney anyway just to make sure you avoid any potential trouble in the future. The cost of using a tax attorney is minimal compared to the cost that you might accrue by representing yourself in front of the IRS.

About the Author: Seomul Evans is a Online Marketing Services consultant for leading Fort Worth IRS Law Firm and contributor of Free Content.

Source: www.isnare.com

Permanent Link: http://www.isnare.com/?aid=377926&ca=Legal

Link: 3 Situations That Require a Tax Attorney

posted by admin on Feb 26

By Melissa Gordon

Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the ‘principal’, the individual who wishes to relinquish control of their affairs, and the ‘attorney-at-fact’, the person who takes control of the principal’s business and legal dealings.

Non-Durable Power of Attorney

Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.

Non-durable power of attorney is effective immediately.

Durable Power of Attorney

This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not Resuscitate

Durable power of attorney is effective immediately.

Springing Power of Attorney

Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.

These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal’s affairs – it can sometimes only apply to one aspect, such as financial. The differences are as follows:

Special or Limited Power of Attorney

Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal’s life apart from the sector they are charged with.

Any other type of power of attorney is called General Attorney, which applies to all affairs and dealings of the principal.

Health Care Power of Attorney

This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

About the Author: LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your general power of attorney needs at http://legalbuffet.com/power-of-attorney/.

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Read more from the original source: Different Types of Power of Attorney