Legally Easy is a free source of legal help, news and information from Charley Moore and the legal team at RocketLawyer.com. Rocket Lawyer is the easiest way to make a legal document, find a lawyer and get free legal advice for yourself and your business.
Will Unemployment Benefits be Extended?
As the rate of unemployment hits a long time high of 9.8%, will congress provide for additional benefits for 15.1 million unemployed workers heading into the holiday season? Pictured here is Labor Secretary Hilda Solis, who must help address the highest unemployment rate in 26 years.
"Some 52 percent of unemployed people have exhausted state jobless benefits, and some are reaching the end of the makeshift strands of emergency extensions. The House of Representatives has passed a bill that would provide another 13 weeks of benefits, but a similar bill has stalled in the Senate over questions of whether it should only cover people in the hardest-hit states."
Most states now have websites where the unemployed can find information about unemployment benefits and, in many cases, complete an online application for unemployment insurance claims. It typically can take two weeks for benefit payments to start. The initial "waiting week", is not compensated. The second week is usually the time difference between program eligibility and payment of benefits for the first time.
The state unemployment agency certification usually includes having the unemployed person affirm that they are "able and available for work", the amount of any part-time earnings they may be earning, and that they are currently seeking work. Such certifications can typically be completed either by online or by phone call. After processing an application, the state will notify the individual about whether he or she qualifies for an unemployment program and, if so, the amount of unemployment benefits compensation that the person will receive each week. Often, states will require the individual to continually certify that they still meet the requirements for unemployment benefits, week after week.
As healthcare reform continues to dominate the news, now is a good time to look at your legal rights under Medicare, the biggest government program that affects millions of Americans. Pictured here is Attorney Joseph S. Carp, whose practice includes Medicare legal issues.
Medicare is a health insurance program run by the U.S. government. It is a single payer health care system that covers people over the age of 65 and others who meet special status criteria. In our opinion, the websites run by the government, like medicare.gov, can be pretty confusing, so we're working on delivering the simple information and easy tools you need to exercise your healthcare legal rights. Medicare consists of four parts - Part A through Part D.
Medicare Part A (hospital insurance) covers hospital care, limited post-hospital skilled nursing facility care, part-time home health services, and hospice care. If you are 65 years old or over, you can receive Medicare Part A insurance without having to pay a premium if you are currently receiving or eligible to receive but have not yet filed for either Social Security or Railroad Retirement benefits or if you or your spouse had Medicare-covered employment by the government. If you are under 65, you can receive Medicare Part A insurance without having to pay a premium if you have received either Social Security or Railroad Retirement benefits for twenty-four (24) months or if you are a kidney transplant or kidney dialysis patient. If you have been denied a Medicare Part A claim, click here for a Medicare Part A Appeal Denial Form.
Medicare Part B (Supplemental Medical Insurance) covers physician's services, certain outpatient hospital services (including emergency room visits), ambulances, diagnostic tests, laboratory services, certain preventive care services such as mammography and pap smear screening, outpatient therapy services, durable medical equipment and supplies, and home health care services not covered by Part A.
Medicare Part B pays 80% of approved charges for most covered services. The beneficiary is responsible for paying a deductible each calendar year as well as the remaining 20% of the Medicare approved charges. The beneficiary may have to pay additional charges if the doctor providing the care does not agree to Medicare's approved charges. If you have been denied a Medicare Part B claim, click here for a Medicare Part B Appeal Denial Form.
Medicare Part C (Medicare Advantage plans) gives Medicare beneficiaries the option of receiving their Medicare benefits from private health insurance plans.
Medicare Part D (Prescription Drug plans) makes those eligible for Medicare Parts A or B, eligible for certain access to funded prescription drug benefits.
With breaking news of the largest identity theft scam in U.S. history, everyone should take a moment to learn how to protect their credit and good name from ID Theft. The Identity Theft Legal Center is here to help you learn about how to protect your identity with a credit freeze and more.
Think you may be a victim of Identity Theft or Credit Fraud? Here are critical first steps to take to recover, from the Identity Theft Recovery Center:
Follow up with creditors, banks, government, and others. Use Rocket Lawyer's easy interview process to request a Credit Freeze and create the written notices to follow up with whoever you need to resolve your situation.
Here is the news from Reuters:
Three men were indicted on Monday for allegedly stealing more than 130 million credit and debit card numbers in what U.S. authorities said they believe is the largest hacking and identity theft case ever prosecuted.
Albert Gonzalez, a former government informant already in jail in connection with hacking cases, and two unnamed Russians were indicted on charges related to five corporate data breaches from 2006 to 2008.
Card numbers were stolen in those breaches from credit-card processor Heartland Payment Systems and retail chains 7-Eleven Inc and Hannaford Brothers Co, prosecutors said.
The men targeted two other corporations, the U.S. attorney's office in New Jersey said in the statement, without naming those companies.
Heartland Payment Systems and Hannaford Brothers had previously and separately acknowledged the breaches, but the scope of the fraud had not been known.
Authorities also for the first time tied those cases to Gonzalez, who was arrested last year on suspicion of hacking into a restaurant chain's payment system.
Attorneys for Gonzalez were not available for comment.
Automobile accidents cause of millions of lawsuits, injuries, deaths and tragedy. Years ago, an organization called Mothers Against Drunk Driving (MADD) made a big difference in bringing the dangers of driving under the influence (DUI) to national attention. The resulting crack down on DUI has been credited with saving lives nationwide.
Now, the New York Times is attempting to bring greater attention to the risks of driving while multi-tasking on cell phones and PDAs. On Sunday, the Times commenced a series titled "Driven to Distraction" that chronicles the dangers of cell phone use on the road. As the article notes:
Extensive research shows the dangers of distracted driving. Studies say that drivers using phones are four times as likely to cause a crash as other drivers, and the likelihood that they will crash is equal to that of someone with a .08 percent blood alcohol level, the point at which drivers are generally considered intoxicated. Research also shows that hands-free devices do not eliminate the risks, and may worsen them by suggesting that the behavior is safe.
A 2003 Harvard study estimated that cellphone distractions caused 2,600 traffic deaths every year, and 330,000 accidents that result in moderate or severe injuries.
Further, according to Times reporter Matt Richtel, the U.S. government has even "withheld data on (the) risks of distracted driving:"
In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel. They sought the study based on evidence that such multitasking was a serious and growing threat on America’s roadways. But such an ambitious study never happened. And the researchers’ agency, the National Highway Traffic Safety Administration, decided not to make public hundreds of pages of research and warnings about the use of phones by drivers — in part, officials say, because of concerns about angering Congress.
On Tuesday, the full body of research is being made public for the first time by two consumer advocacy groups, which filed a Freedom of Information Act lawsuit for the documents. The Center for Auto Safety and Public Citizen provided a copy to The New York Times, which is publishing the documents on its Web site. In interviews, the officials who withheld the research offered their fullest explanation to date.
The former head of the highway safety agency said he was urged to withhold the research to avoid antagonizing members of Congress who had warned the agency to stick to its mission of gathering safety data but not to lobby states.
Critics say that rationale and the failure of the Transportation Department, which oversees the highway agency, to more vigorously pursue distracted driving has cost lives and allowed to blossom a culture of behind-the-wheel multitasking.
“We’re looking at a problem that could be as bad as drunk driving, and the government has covered it up,” said Clarence Ditlow, director of the Center for Auto Safety. The group petitioned for the information after The Los Angeles Times wrote about the research last year. Mother Jones later published additional details.
We are going to continue to follow the Times reporting on cell phones and automobile accidents as well as track automobile accident legal issues.
Small Business Administration Economic Recovery Update
Is the Small Business Administration, aka the SBA, doing enough to help small business owners weather the current economic storm? We're keeping track of the SBA website and news to find out. It's important, because small businesses provide the vast majority of jobs and drive a much greater part of the U.S. economy than large enterprises. SBA chief Karen Mills is pictured above.
The SBA website describes several economic recovery initiatives, including new loan programs. One example is the SBA ARC Loan Program, authorized by the 2009 Economic Recovery Act:
If your small business is stressed meeting expenses during these economic times, the U.S. Small Business Administration has a new loan program designed just for you.
SBA’s America’s Recovery Capital Loan Program can provide up to $35,000 in short-term relief for viable small businesses facing immediate financial hardship to help ride out the current uncertain economic times and return to profitability. Each small business is limited to one ARC loan.
ARC loans will be offered by some SBA lenders for as long as funding is available or until September 30, 2010, whichever comes first.
Here's how to apply and prepare for the application process via your lender:
Applying for an ARC Loan
ARC Loans are provided by commercial lenders and guaranteed by the SBA. Your next step is to contact your lender who will help you determine if you are a candidate for an ARC Loan. Questions they may ask include the following:
Does your small business have an established banking relationship?
Has your small business been in operation for a minimum of two years?
Do you have financial statements (balance sheet, income statement, and cash flow statement) which demonstrate your business had a positive cash flow in one of the past two years (or as long as your business has been operating, if less than two years)?
Does your cash flow projection for the next two years indicate sufficient cash flow to meet your current and future loan payments?
Is your business suffering an immediate financial hardship? For example:
Declining sales and revenues;
Difficulty in making loan payments on existing debt;
Difficulty in paying employees;
Difficulty in purchasing materials, supplies, or inventory; and/or
Difficulty in paying rent and/or other operating expenses
In a case that will have both practical and political reverberations, the U.S. Supreme Court has ruled against the City of New Haven Connecticut in a reverse discrimination suit. The case, known commonly as "New Haven Firefighters," has political impact as well, due to the fact that Supreme Court nominee, Judge Sonya Sotomayor, participated in the appeals court ruling that has now been overturned by the Court. What does the ruling potentially mean for you, your business or organization?
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
The fact that this was a 5-4 decision indicates that even at the highest level, judges remain split on the application of employment law to the facts raised by the New Haven case. In particular, the case asked whether the city of New Haven Connecticut erred in throwing out the results of a promotion examination because minority test takers were unlikely to receive promotions based on the results of the exam.
Writing for the majority, Justice Kennedy states:
"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,"
Kennedy was joined by Chief Justice Roberts and Justices Scalia, Alito and Thomas.
The dissenting Justices were Ginsburg, Souter, Bryer and Stevens:
In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
Undoubtedly, labor and employment lawyers will be busy crafting new rules for employers to follow in employment testing situations. Employers will be wise to review their employment practices for compliance with the New Haven ruling and to consult with an employment lawyer to understand the issues raised by the case in application to their own organization's practices and policies.
Millions of us grew up in the Michael Jackson era of pop music. The first time I saw Michael perform, was as a pre-teen when my youngest and most fun loving aunt let me tag along with her friends to see "The Jacksons" with Randy on the bongos. I am definitely part of the "Thriller" generation. As much as any performer, Michael Jackson's body of work will always be part of the soundtrack of our lifetime.
Beyond his music, there is also, of course, a legal side to Mr. Jackson's legacy. On that front, his life diverged, especially as he aged, from the norm. He was very wealthy, but also very indebted financially. He experienced criminal legal accusation, trial and acquittal. He was the subject of lawsuits and settlements from both business partners and personal acquaintances. He was twice divorced. And now, without a doubt, there will be a protracted examination of his legal estate and perhaps that will involve more disputes.
Critical stories are already starting to appear. Here are a few links:
When the immediate tributes and remembrances and eulogies have run their course on the King of Pop, attention will likely turn to a handful of more mundane questions: what happens to Neverland, to his collection of curios; what, if anything, becomes of the rights to his musical legacy? All of these questions, of course, will involve lawyers. Dozens upon dozens of lawyers.
There will be much more to follow on the Michael Jackson estate and legal situation. He leaves three children, apparently under the care of a nanny and his mother, Katherine. We hope that Michael made arrangements for his loved ones and that he rests in peace.
In this economy, child support payments can strain the often already tight relationships between former spouses. Sadly, children are often the ones who suffer the most. Your state probably has several resources listed on the state's web site to to help you, whether you are the spouse paying child support or the one collecting it on behalf of your children.
Attorney Elisabeth Camaur, pictured above, specializes in family law matters, including divorce and child support.
Two big whistleblower lawsuits netted the plaintiffs almost $100 Million combined in the past month. What are these David vs. Golliath lawsuits, also called qui-tam, and how might you someday be affected by them?
So called "whistleblower," or "qui-tam" suits are filed under the False Claims Act, a federal law that empowers people to file lawsuits against federal contractors claiming fraud against the government. Successful whistleblowers can receive a portion (often 15-25 percent) of the damages recovered. Thus, whistleblowers can serve to help reduce fraud against the government, ultimately saving taxpayer money. Whistleblowers with insider knowledge of false claims involving health care, military, and other government spending programs have brought suits under the Act for decades.
As reported by the Wall Street Journal's Law Blog, April 2009 has seen two of the biggest whistleblower settlements in history:
A few weeks ago, we blogged on a huge whistleblower settlement involving Northrop Grumman, one in which pocketed the plaintiff/whistleblower nearly $49 million. It was the largest whistleblower — or qui tam — settlement ever involving alleged military-procurement fraud.
Today, we open the papers to news of another whopper of a qui-tam settlement, one which will net the plaintiff/whistleblower about $45 million.
The case involved Quest Diagnostics and its Nichols Institute Diagnostics unit. The pair agreed to pay $302 million to resolve criminal and civil allegations regarding various diagnostic test kits manufactured and sold until 2006, prosecutors said Wednesday. The diagnostic tests allegedly provided inaccurate and unreliable results, prosecutors said. Under the arrangement, the duo will pay $262 million plus interest to resolve the claims. More...
If you know of instances of fraud against the government, you may be able to file and prevail in a whistleblower, or qui-tam case. Remember, in a qui-tam case, as the plaintiff (the person bringing the suit), you can receive a part of the ultimate settlement yourself. This right to share in the settlement has for centuries (qui-tam cases date back hundreds of years through both english common law and the American courts) encouraged citizens to act a watchdogs against fraud, waste and abuse in government contracting.
The first thing to do is to find a lawyer who specializes in whistleblower cases and knows what do to. In most cases, the lawyer will give you a free consultation to help you understand your rights. Thereafter, the lawyer will counsel you on how best to proceed, if at all with your whistleblower action. Many, if not most lawyers who work in whistleblower cases can also help you to understand your rights if you are retaliated against by your employer who may be involved in the subject matter of your case.
It's a fact of life that not all marriages succeed. Now, the economic downturn is putting even more stress on families that are splitting up. While celebrity divorces like Mel Gibson's attract lots of media attention, for most couples, divorce is an expense that they just can't afford, but have to deal with in order to move on with their lives.
The New York times is reporting several commentaries in its series, "Husbands, Wives and Hard Times." As Paul Amato, a professor of sociology and demography writes in the series, "research...consistently shows that economic hardship undermines marital quality and stability...Since the middle of the 20th century, declines in the economy have been linked with increases in divorce rates."
Most states now offer a no fault divorce. So, couples who can amicably work out property distribution and child custody issues can preserve family and personal resources while moving on.
What Should You Do About the Denial of a Medical Insurance Claim?
Every day, many people find themselves in one of life's most distressing situations - having a health care insurance claim denied. Sadly, it's a fact of life that our healthcare system routinely results in denied claims for medical services and care that people need and probably should be entitled to under their existing insurance policy. What should you do if a healthcare insurance claim of yours is denied?
Well, there is more and more public momentum toward cleaning up health care and claims denials. Robyn Shelton writes in the Orlando Sentinel that if you are denied a health insurance claim, "you should appeal." She goes on to write:
"First off: Don't panic. Many claims are rejected initially for glitches that can be sorted out rather easily. Do not pay a bill without making some calls." Read more...
In her article "The Health-Care Crisis Hits Home," Karen Tumulty recounts her family's ordeal as her brother had to fight the twin battles of kidney disease and a denial of his insurance coverage. Stories like these are all too familiar to millions of people:
"The unforeseen was exactly what turned up when Pat went in for a physical on Nov. 30, 2007, his first in five years. The doctor found high levels of blood and protein in his urine, results that were confirmed in another round of tests in December. Soon after that, Pat discovered that his urine had turned brown and foamy. In the middle of all this, he was laid off from his job, and finding a new one while doing temp work was his most pressing concern...That's when Pat, who is now 54, learned that his kidneys were failing. The diagnosis was only the first shock. The second came a few weeks later, in an Aug. 5 letter from Pat's health-insurance company (denying his claim). For six years — since losing the last job he had that provided medical coverage — Pat had been faithfully paying premiums to Assurant Health, buying a series of six-month medical policies, one after the other, always hoping he would soon find a job that would include health coverage...The previous four weeks had left my brother with more than $14,000 in bills from hospitals, doctors and labs..." Read more...
If you are facing an insurance claim denial, you can follow a few simple steps to first become informed about your rights, and second, fight the claims denial yourself, with the assistance of government agencies, and, if needed, your own lawyer.
Avoid the Tax Reaper with the 2009 Tax Savings Guide - Tax Tips to Save You Time and Money
Now more than ever, many people need good tax advice due to the economic downturn. Whatever your situation, the new Rocket Lawyer Tax Savings Guide can help you understand basic tax terminology and point you in the right direction. This year, RocketLawyer.com has partnered with H&R Block to bring the latest tax savings information directly to Rocket Lawyer members.
The Tax Savings Guide can help you with the following important tax issues:
Rocket Lawyer to Preview Web Law Office 2.0 at SaaS Conference
Thanks to the support and feedback of our members, RocketLawyer.com has been selected to deliver a company Preview presentation at this year's SIIA OnDemand Software as a Service conference. SIIA OnDemand is widely viewed as the premier industry gathering for the SaaS market, with attendees from Salesforce.com, IBM, Oracle and many other companies, media and technology investors. According to SIIA's announcement, Rocket Lawyer was "chosen by the Software & Information Industry Association from among 82 candidate companies for the opportunity to present their products and services to OnDemand Conference Attendees."
The Rocket Lawyer Web Law Office(tm) is the easiest way for lawyers to produce legal documents in collaboration with new and existing clients, other counsel and other parties. Stay tuned for our official Web Law Office 2.0 announcement Tuesday morning, and thanks again for helping us make Rocket Lawyer work better for everyone!
Now that the election is over, Rocket Lawyer will work to help you understand what the transition to a new government, led by President-elect Obama and the new congress, will mean for you and your family, your business or your law practice. The election results clearly indicate that next year will be marked by change. We can certainly expect a flurry of legislation targeted toward economic recovery, potentially including sweeping action on taxation, health care, energy and education.
How can you plan for the new government? What opportunities and risks will emerge in the coming months as a result of America's new political direction? These are important questions that Rocket Lawyer will help answer. The Rocket Lawyer Free Legal Help center will continue to be a good place to find simple answers to your legal questions.
We plan to be very active on behalf of consumers, small business owners and legal professionals. We'll be asking for your opinions so that we can understand how best to serve you. We hope that you will take the time to complete our survey and tell us what you think and what legal services and information you need, in this time of change.
Lexis-Nexis teams with RocketLawyer.com for easy online legal services!
Lawyers.comsm adds “do it yourself” options for common legal issues
Addition is one element of the new, interactive Lawyers.com legal community site
New York, NY – July 23, 2008 – LexisNexis announced today that Lawyers.comsm, the leading online resource for consumers and small business professionals to find an attorney and legal information, has added access to a comprehensive legal document service that combines “do it yourself” legal forms with online legal document review by real lawyers.
The additions come as part of a larger transformation of Lawyers.com by LexisNexis® Martindale-Hubbell® that includes implementation of a variety of new interactive features.
One of the key new capabilities is the Legal Document Services provided by RocketLawyer.com™. This set of services now enable users of Lawyers.com to save time by creating legal documents themselves, as well as accessing fast, affordable legal help online right when needed from Lawyers.com member attorneys.
“Today, more consumers and small business professionals use the web to research legal issues before contacting a lawyer, and with the right tools and services they can often handle simple legal matters on their own,” said Sharon Lubrano, vice-president of Client Development at LexisNexis. “The addition of services from RocketLawyer.com offers Lawyers.com visitors user-friendly online resources so they can act faster and more efficiently on common legal matters. And, they can find and connect with one of more than a million lawyers represented at Lawyers.com via the same, easy to use interface.”
“We’re gratified to provide Lawyers.com users with easy and affordable online legal document services,” added Charley Moore, Founder of RocketLawyer.com. He continued. “Combining our easy online legal documents and our patent-pending “Click-through Legal Review” by real attorneys, with Lawyers.com, now gives Web users everything they need to take control of their legal matters.”
More than just a legal forms site, RocketLawyer.com makes it easy to complete many personal and business legal matters at Lawyers.com. For example, individuals can use the service to set up a last will and testament, create a living will, produce a bill of sale, designate power of attorney and much more. Business can use the service to manage processes such as setting up non-disclosure forms, creating service contracts and employee agreements, producing real estate leases, creating licensing agreements and more.
All of this is accomplished via a powerful set of integrated services, including:
Interactive Legal Forms and Interviews. Users answer a few simple questions and create complete legal documents in minutes. These documents are ready immediately and available anywhere with Web access.
Document Collaboration and Sharing. Users can share documents and collaborate with family, legal counsel and other parties.
Click-Through Legal Review™. Users can access a network of attorneys who can review legal documents online for professional help.
Safe, Secure Online Document Vault. Users get peace of mind by backing up their important papers with FileSafekeeper™.
E-Signatures. Users save time and paper by signing legal documents electronically via a computer, cell phone or PDA.
In addition to new capabilities from RocketLawyer.com, Lawyers.com has expanded its vast database of practice area articles and information for consumers and small business professionals to include:
Life Changing Events – Helpful information on legal issues that arise in most peoples’ lives, such as divorce, starting a business, creating a will and more.
Community and Interactive Features – Interact with lawyers through community message boards, “Ask A Lawyer,” scheduled online sessions to discuss specific legal issues, and more.
Videos - Clips from experts on common legal issues
Blogs – Attorney insights on current key legal issues and trends
On the Docket – Read questions other consumers and small businesses are asking and benefit from the answers
“All of these new elements are great examples of the ongoing transformation of Lawyers.com from a large and useful online directory into an interactive online community where individuals and small businesses can find, discuss, learn and take action on legal issues that matter to them,” said Lubrano.
For more information, contact:
Yolanse Lau Marketing Manager RocketLawyer.com marketingmgr@rocketlawyer.com 415.738.6337
Personal and business credit, including rising bankruptcy filings are in the news almost daily. If you are looking for ways to understand your credit and possible legal solutions, like bankruptcy, RocketLawyer.com can be a good place to start. This article describes a few of the personal and business credit and bankruptcy resources you can find from Rocket Lawyer.
Denials of Credit and Credit Repair Help
There are several legal documents to help you if you have been denied credit. They include the following: Challenge to Denial of Credit Form, Request a Positive Report Form and the Credit Report Request Form. Also, in partnership with TrueCredit by TransUnion, every Rocket Lawyer Member can access their credit report by establishing a TrueCredit account directly linked from their Rocket Lawyer MyAccount page. TrueCredit can help you monitor your credit and provides lots of helpful tips about how to improve your credit rating with all three credit information agencies.
Bankruptcy Legal Help
The RocketLawyer.com Bankruptcy Worksheet is a good place to start for anyone considering the legal issues surrounding personal or business bankruptcy. The Bankruptcy Worksheet will help you organize and understand your personal financial situation and gather the information that you should have available for your attorney for a pre-bankruptcy consultation. The Bankruptcy Worksheet can also provide the basic information about how to file for bankruptcy, step by step.
Find a Lawyer to help with Credit and Bankruptcy Matters
The free Rocket Lawyer legal directory contains profiles of attorneys in every state who can assist with a variety of legal matters, including credit and bankruptcy legal information and filings. Click here to find a lawyer in your state.
New Law Alert: California Supreme Court Approves Same-Sex Marriage
In a 4-3 ruling, the California State Supreme Court has made California the second state (following Massachusets) to rule that same-sex couples have a constitutional right to marry.
What does this ruling change for gays and lesbians?
Married couples have several rights and protections that are not recognized for most domestic partner-type arrangements. For example, as reported in the San Francisco Chronicle, domestic partners can be denied certain benefits of marriage under federal law, such as filing joint federal tax returns, social security survivor's benefits and immigration sponsorship rights.
Prenuptial Agreement arrangements and Estate Planning are major considerations for any married couple and these issues will now be the substantially the same for homosexual couples as for heterosexual married people.
RocketLawyer.com recommends that all persons considering marriage think about a Prenuptial Agreement, which will help avoid economic problems in the event of a divorce. Once married, couples should ensure that they have at least three basic legal documents for themselves and their spouse: a Living Will, a Durable Power of Attorney and a Last Will and Testament.
If you are unsure about the legal documents you need, the RocketLawyer.com Free Legal Care Check-Up is always a good place to start.
For more information about the California Supreme Court same-sex marriage ruling, here is Attorney Gloria Allred.
Doing your taxes yourself has never been easier. Here are some tax time tips to help you get the most out of the many free and low cost tax return filing resources available online. Filing your taxes yourself can be really simple or more involved, depending on the amount of information you want to consider.
Where to start?
RocketLawyer.com offers discounted H&R Block® tax return services online. Every Rocket Lawyer member saves up to 30 percent off the cost of their online tax return. Since everyone needs tax services, this is a great way to get the most out of your Rocket Lawyer membership. If you are already a Rocket Lawyer member, login to access your discounted tax filing services. If you don’t have a membership yet, now is the time to become a Rocket Lawyer member and save even more. Go to: http://www.rocketlawyer.com/.
RocketTax.com makes it simple to complete and file your tax return in a few clicks online. You can trust the tax services from Rocket Tax because it's in partnership with H&R Block, the leader in tax help. Go to: http://www.rockettax.com/.
IRS.gov includes every U.S. Tax form, such as the U.S. Tax 1050 form, the 1050 EZ form, tax Schedule C and all of the other official tax forms, schedules, tax worksheets and tax instructions.
Whether you decide to do your tax filing homework or to just let the easy interactive tax return interviews at RocketTax.com do it for you, filing your taxes yourself should take less time and money than ever.
Use a Non-disclosure Agreement to Protect Your Intellectual Property
Do you have an idea for a new product or service?Need to discuss it with potential customers, investors or perhaps even competitors?If so, think about protecting your idea with a simple confidentiality agreement (also known as a “Non-disclosure Agreement, or “NDA” for short).
A Nondisclosure Agreement is contract under which the person (or organization) receiving information from anther person (or organization) agrees not to disclose proprietary and confidential information that it receives in this context. This type of agreement may be useful in a variety of circumstances. For example, a company might choose to share information with a sales consultant for the purpose improving its sales performance. In such a situation, the company would probably be sharing product and customer information with the consultant and would want to protect this information from disclosure by the consultant to third parties.
Some typical provisions that are included for the protection of the Owner include the following:
No Warranty. There is a possibility that the Confidential Information could contain mistakes or errors, or be based on assumptions that later prove to be incorrect. Therefore, it is common for Owners to include a "no warranty" provision that specifies that the Owner will not be responsible for any damages that the Recipient might incur from using the Confidential Information.
Risk of Disclosure. In addition to the "No Warranty" provision, the Owner may also want to provide that any disclosure made by the Recipient of any information is at the Recipient's risk. Because the Owner has already stated that it will not warrant the accuracy of the information, the Owner can further provide that the Recipient will bear the risk of using the information in violation of the agreement. For example, if the Recipient acts on some of the information and the information was inaccurate, the Recipient cannot hold the Owner responsible for the harm caused by the inaccurate information.
Limited License. Generally, the Owner and the Recipient intend that the Confidential Information will only be used by the Recipient for the limited purpose of reviewing the information and becoming familiar with the Owner's business to determine whether the parties might have interest in future transactions (based on some additional agreement). A "limited license" provision makes it clear that the Recipient is not acquiring the right to use the Confidential Information on a general basis.
General Provisions. A Nondisclosure Agreement should include provisions that (i) require amendments (changes) to the agreement to be in writing and signed by both parties, (ii) specify the state whose laws will govern and interpret disputes between the parties regarding the matters covered by the agreement, and (iii) prohibit the parties from assigning their obligations under the agreement to third parties. Generally, the state whose laws should govern the agreement should be the state of the Owner or the Recipient.
Want to implement a simple estate plan that will protect your loved ones as much as possible? For many people, the idea of going to an attorney and spending thousands of dollars just doesn't work. However, with a little bit of effort, you can do it yourself and save.
The first question usually is: “do I need a Will, a Trust or both?” The answer usually is “both.” Here are the basic differences between a legal will and a trust. As you can see, trusts, which have often been misunderstood, are not just for the rich. For many ordinary conscientious people, a trust is the best way to protect your loved ones and assets.
Here's why:
The Living Trust or Joint Living Trust, combined with a Pour Over Will, are often viewed as preferable alternatives to the stand alone Will. Some of the perceived advantages of the Living Trust are as follows:
1. Privacy. A Living Trust is more private. Under state law, a will is admitted to probate after the Willmaker dies, so that the terms of the Will can be administered. (Under certain circumstances, families with very small estates may be able to use abbreviated probate procedures, or avoid probate entirely, in which case it is not necessary to admit the Will to probate.) "Probate" refers to the court procedures that: a. determine the validity of the Will b. deal with potential Will challenges, c. resolve the claims of creditors of the decedent, and d. ultimately distribute the decedent's assets to the beneficiaries. As a result, the Will becomes part of the court records that can be inspected by the public upon request. In contrast, a Living Trust is administered by the Successor Trustee usually without court involvement, and normally does not become a public record. Thus, the terms of the Living Trust, including the identities of the beneficiaries and the manner in which the Grantor's assets will be distributed, remain private.
2. Reduced probate costs. A Living Trust may avoid at least some of the perceived "evils" of the probate process. A Will is subject to a court administered process known as "probate." This process takes time (generally, six months to three years), and involves court costs, executor fees, and lawyer fees. The cost of probate can vary greatly, depending on state law; the cost may range from 2% of the amount of the decedent's gross assets to 10% or more in some states. However, the costs associated with administering the trust assets after a Grantor's death, including the obligation to prepare various tax returns, account for trust assets, pay the Grantor's debts, and make required distributions, may be similar in amount to the costs of probate. Therefore, it is difficult to predict whether the amount of savings that might result from the use of a Living Trust will be more than a minimal amount.
3. Management of property. A Living Trust offers a mechanism for allowing another person or organization to manage all or some of your assets if you become unable to do so, or if you simply prefer to "have someone else do it." Thus, a Living Trust may serve as an alternative to a conservatorship or guardianship.
4. Affordability. Traditionally, the costs may have been to high for most people to create an estate plan, including a Living Trust. Today, however, you can put together your own estate planning documents for as little as $34.95 using the Easy Estate Planning kit at RocketLawyer.com. Just start here and you’re on your way to a sensible and Easy Estate Plan.
This is the first posting for the Rocket Lawyer blog. What is Rocket Lawyer? Well, it's not rocket science! Many of the legal tasks that people need to get done can be accomplished via the Internet, at a fraction of the cost of offline legal assistance. For example, everyone should have a living will, and if you read on, you will see how to obtain one for free.
Rocket Lawyer is dedicated to helping people locate the information and tools they need to do common legal tasks themselves and save. Everyone should have a will, a durable power of attorney and a living will (advance healthcare directive). Most people don't have these essential documents completed because the process has been expensive and confusing. Hopefully, that will start to change now.
In this blog, we will post for free some of the thousands of pages of information from our Rocket Lawyer law library. This will help you to create your own will, power of attorney, living will, small business documents, legal letters and thousands of other forms and legal documents.
The information in this blog will point you in the right direction. While we do hope that you will consider trying RocketLawyer.com and becoming a patron, we want you to be able to find enough good information for free to help you with your legal matters whether or not you ultimately patronize our paid services.
So, thanks for reading the first posting of our Rocket Lawyer blog. Please visit http://www.rocketlawyer.com for more information about us.
Now, as promised, here is our first free article:
What is a Living Will?
A Living Will is a document where you can state your wishes regarding life-sustaining treatment in the event that you either have a terminal illness and are expected to die within a relatively short time or are permanently unconscious. In general, individuals use Living Wills to indicate whether they want certain medical treatment withheld or withdrawn in order to allow a more natural death if the treatment is merely prolonging the dying process or there is no hope of recovery.
A Living Will is only effective when you are no longer able to make and communicate your own wishes. For example, if you suffer a stroke or are in a motor vehicle accident and suffer a severe brain injury so that you are in a coma, you may not be able to communicate your wishes. A Living Will in these circumstances helps you communicate your desires about certain medical procedures.
A famous example of a situation where a living will would have helped is the Terri Schiavo case:
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