What to Do after Being Fired

What to Do after Being Fired
By Manuel Salvacion

If you have been fired from your job for no apparent reason, a wrongful termination attorney might be able to help you get your claims. An attorney can help you assess the situation and decide which options to take. You can take either a severance package or a wrongful termination claim, depending on your situation.

If taking a severance package is your choice, here are a few tips before getting into the negotiations:

• Stay calm after your termination

• Think over offers from your employer

• Confirm about your employer's terms in writing

• Insist on being terminated, not resigned

• Keep on the payroll as long as possible

• Negotiate for continued medical coverage despite receiving severance pay

• Ensure that severance package is not contingent on new employment

An employer has no obligation to give severance package to employees. However, if you are in a position to negotiate for a severance package, try asking for other benefits like:

• Health insurance benefits

• Unemployment compensation

• Outplacement services

• Reference

Here are important negotiating points in order to obtain a better severance package:

• Request for a lump sum payment of your severance, not in installments

• Avoid accepting the employer's first offer and negotiate further.

• Try to negotiate for a four week's severance

• If you have relocated, try to obtain relocation allowance.

• Discuss accrued overtime, sick leave and vacation pay.

• If you were fired without notice, ask for two additional week salary for the lack of notice.

• If payments are due, insist that you be paid immediately, and do not waive expected benefits.

Other benefits may also be available to you as a former employee.

You may inquire about the following benefits:

• Bonus - If you are entitled to receive a bonus at the end of the year, ask for it now. If the employer refuses to pay, insist that your termination has deprived you of the chance to receive it.

• Pension and Profit-Sharing Benefits - Be aware of all plans, funds and programs that may have been established in your behalf. Ask about the details of these benefits. Ask your lawyer about your benefit rights if you have just been fired before the vesting of a pension or stock options.

After you have negotiated for your severance package and you feel satisfied with your other options and benefits, you can now decide on whether to accept the company's final offer or ask your lawyer to obtain additional compensation.

Legal Issues

There are legal issues involved if you have been terminated. Is your termination lawful or illegal? What are the possible causes of your termination? What are the conditions you signed before being employed? Are you still eligible to receive certain benefits? What are the options available to you now?

If you believe you have been unjustly terminated from your job, it is best to take up the matter with a lawyer. An employment lawyer who has the skills and experience in handling wrongful termination cases can improve your chances of getting the rightful claim after unjustly losing a job.

For more information about things to do in case of wrongful termination, consult with wrongful termination attorneys services

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

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Appeal Your Social Security Insurance Claims with a Social Security Disability Lawyer

Appeal Your Social Security Insurance Claims with an SSD Lawyer
by Jinky Belle Abelardo

If Social Security disability insurance was formed to give the old aged, the deceased, the retired, and the disabled their insurance benefits, well, the Social security insurance claim lawyers are concerned with helping individuals who have been previously rejected, in getting such benefits.



Social Security Insurance (SSI) claim lawyers help people under Social Security Benefits, avoid rejection of their application, and increase their chances of earning an approval.



An individual’s medical condition is subject to evaluation and review. It should meet the Social Security Administration’s definition of disabled.



However, their definition is complex. The Social Security Administration (SSA) may question a person’s eligibility for Social Security Disability Insurance if they believe that a claimant is still capable of performing his work, or another work with his health condition.



When a social security insurance claim is turned down, a claimant shall have a right to a hearing in front of the Office of Disability Adjudication and Review. A person has the right to question the result made on his/her claim. If he/she disagrees with the decision, he/she can file an appeal for reconsideration.



Most claims are denied at the initial level, but can be approved at higher levels of review. So don’t be discouraged when your first application is rejected. Gather yourself up and continue on appealing.



There are four levels of appeal. When one is not pleased with the first result, he/she can move on to the next. Here are the appeals in their consecutive order:



1. Reconsideration



2. Hearing



3. Appeals County Review



4. Federal Court



When can a person file an appeal? There is a time limit given in filing an appeal. When the court has sent a letter stating their decision on your claim, they shall give you sixty days after receiving the letter to file for reconsideration.



If you do not make an appeal within the sixty-day time limit, your right to make an appeal may be waived, and the court’s decision could be final. Unless you can give a valid reason for the delay, the court will no longer grant you the right to reconsideration.



When you file an appeal, you possess the right to representation. You may choose to have someone speak or act on your behalf. Your representative could be a lawyer or someone who is familiar with the Social Security program.



Nevertheless, it would be best to be represented by a lawyer who can argue your case through his extensive experience and adept skills. Statistically, claimants who are represented with a Social Security Insurance lawyer are more likely to win with their claims, compared to the ones who do not have legal representation.



If after reconsideration, you are still not happy with the decision, then you may proceed with a hearing. An administrative law judge shall be the one to conduct this hearing. You and your representative should come and explain yourselves in person.



If after this, you disagree with the judge’s decision, you may arrange for a review by the Appeal’s Council. The Appeal’s Council may either deny your request, or decide to review your case. If they perform the latter, they may choose to return your case to an administrative judge or decide on the case themselves.



If in this appeal and your claim are still rejected, you may file a lawsuit in the Federal Court.



In all these levels of appeal, having a lawyer to represent you is of prime importance if you wish to increase your chances of getting the benefits you deserve.



It is important to employ an attorney who can help you understand the legal issues and the proceedings of the case.



Social Security Disability Insurance could be very helpful to a disabled person. If you are one of these persons who are convinced that you cannot engage in a productive activity for a long while and if you believe that, your medical condition prevents you to do so, then seek a social security insurance claim lawyer immediately and ask for assistance in filing your claims.


Seek the expert assistance of Social security insurance claim lawyers when appealing your denied social security disability insurance claim.



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How to Change Your Name Legally in Texas

How to Change Your Name Legally in Texas by Nicholas Fagan

In Texas there are a few different forms for each situation your in. There's one for if you need to correct a birth certificate or death certificate, there's one for specifically court ordering a name change, and there is just a general name change form for you or your child. If you making a correction to a document, your going to need supporting evidence to prove that. In Texas they charge fifteen dollars for a correction to your birth/death certificate, then another twenty-two dollars for a new copy once it is corrected. This is all done through the Department of State Health Services.



As of 1/06/08 the address for the Department of State Health Services is:

Texas Vital Statistics

Department of State Health Services

P.O. Box 12040

Austin, TX 78711-2040



If you’re changing your last name or your child's last name on a birth certificate to the last name of the biological father then that can be done much easily. You don't need a certified copy of a court-ordered name change if you go that route. If your changing your name to something other than the last name of the biological father then you will need to file a legal name change amendment with has an additional fee of twenty-two dollars and includes a new copy of the birth certificate.



To get a court order for a legal name change, you can download an up-to-date Texas legal name change form online and file it with your county's court. This form can be done on your own but legal assistance is always advised if you want it done right the first time.



To change the name on a death certificate you will need a VS271 Application for Disinterment Permit, which needs to be signed by a licensed funeral director. You will also need to get a VS271.1 Three Part Consent Form, which will need to be signed by the sexton of the cemetery where the body is currently interred, the plot owner, and the next of kin of the deceased being moved. The permit will cost you twenty-five dollars.


This article has been brought to you by the good people at Legal Forms Bank .Biz where you can download up-to-date, do-it-yourself, state specific legal forms online. They also have Texas name change forms and other forms like prenuptial agreements.


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Tips On Filing A Social Security Disability Claim

By Mesriani Law Group

As the law prescribes, Social Security Disability benefits are given to those persons who are unable to exercise any substantial gainful activity due to an impairment that is expected to last, or has already lasted, for at least twelve (12) months. The impairment may not even be limited to physical disability alone, as the law includes those that may even cause the applicant’s death.



Ideally, people who have acquired any disability during the course of their work should have an easier time claiming their disability benefits because they are paying for it. But sadly, the Social Security Administration, for one reason or another, is not that effective when it comes to processing their members’ disability benefits applications. This is evidenced by the enormous backlog of disability applications filed before the SSA.



The records show that more than half of the SSD and SSI claims will subsequently be denied at the first two stages of the filing process. This is the main reason why a majority of claimants still needs to bring their claims at least to the Administrative Law Judge for hearing, where they have to defend their cases through oral arguments in the hope that the judge will be convinced by the evidence they present.



We already know that the process is tedious and involves a lot of red tape. Yet, applicants grow by the number, still eager to claim disability benefits even without the proper understanding of the process. In most cases, the lack of information proves fatal to a disability benefits application.



The following are some tips on how to increase the chances of having a favorable result:



- Ask the support of your doctor; his detailed medical statement explaining why your disability can impede you from working will be very helpful.



- Submit your most recent medical records upon your initial application and every time you make an appeal.



- Cooperate promptly and completely with the disability examiner who is in charge of your claim. You need to respond immediately to his notices and be present at the scheduled medical examinations.



- Be aware of the status of your disability claim case. You should call your state’s Disability Determination Services office for updates and not an SSA office.



- Keep track on the important dates such as the deadlines connected to your case.



- Hire a Social Security representative (preferably an attorney) who has an extensive background and notable experience in handling Social Security cases. This is very vital most especially in filing an appeal to the ALJ.



- Be kind enough to the individuals who are dealing with your case. Having a good relationship with them might encourage them to help you more with your case.



About the Author: Our Disability Benefits Lawyers are well versed regarding Social Security Disability CA http://www.mesrianilaw.com/Social-Security-Disability.html issues. For more information about Social Security Disability, please visit our website.



Source: http://www.isnare.com/

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Common Legal Terms Used in Foreclosure and Bankruptcy Cases

Common Legal Terms Used in Foreclosure and Bankruptcy Cases
By Nick Adama

Homeowners in foreclosure will often miss the initial hearing date because they are unfamiliar with the legal process and simply do not understand how foreclosure will work in the court system. Obviously, this lack of understanding itself may be one very important reason to attend the hearing, as the court can not enter any judgment unless the homeowner defendants are aware of and understand the nature of the charges against them. In any event, though, it will be worthwhile for foreclosure victims to gain a broad understanding of the foreclosure process, as well as become familiar with some of the more common terms that are used by the courts, either in regards to the process of taking the home or filing bankruptcy to stop foreclosure, two related topics.

Breach of contract is the essential claim made in the foreclosure lawsuit, when the bank complains to the court that the homeowners have failed to pay their mortgage as agreed. There are several elements of a breach of contract case that must be proven in order for the bank to win its case. These include proving a legally binding contract exists between the lender and owners, the lender performed their part of the contract as agreed, the homeowners failed to perform, and the lender has suffered actual damages as a result. If the bank can not prove every one of these, they can not win the lawsuit.

A complaint is the term given to the document that begins the lawsuit by laying out the specific claims being made by the lender and the facts of the situation. It is the first legal pleading made by the plaintiff in the case. The complaint is filed in the court clerks office and a copy must be sent to the homeowners, to inform them of the lawsuit. Another term for a complaint is a petition, and either word may be used to describe the same document, depending on the county and court where the lawsuit is filed.

The docket is an extremely useful document that lists all of the documents filed to date in a particular case and a chain of proceedings that have occurred. Courts are more frequently offering online dockets to the public, who can research the chronological summaries of any particular case without having to visit the clerk and search through court records. The docket is a useful summary for homeowners attempting to put together a defense against foreclosure, due to the information being easily summarized in order of date. It is also the formal record of the proceedings in a court case.

A nondischargeable debt is a term often used in bankruptcy cases, when describing which debts can not be wiped out by filing a Chapter 7. Any debt that is nondischargeable will still need to be paid even after filing bankruptcy; common ones include child support, alimony, and student loans. While homeowners can often wipe out many debts and free up some income by filing Chapter 7, any debt that may fall into this category will have to be taken into consideration when planning a future budget after foreclosure and bankruptcy.

Chapter 13 bankruptcy is a reorganization plan that is used by consumers to pay off their debts under the protection of the courts. Home mortgages can be included in bankruptcy proceedings, and allow the homeowners to pay back the amount they have fallen behind, along with keeping up to date on their regular payments. The payment plan during this type of bankruptcy is either three or five years, depending on the circumstances, amount of debt, income situation, and other considerations. The main reason homeowners may wish to consider bankruptcy is that is has been designed to come to fair terms with all of the creditors and allow the foreclosure victims to get a fresh start.

When a lender claims that a loan has gone into default, it means that the homeowners failed to perform one of their legal duties under the mortgage contract. When the monthly payments are not sent in at the agreed-upon time, the mortgage contract is considered to be in default. Default can also refer to the homeowners' failure to respond to the complaint filed in the foreclosure lawsuit, and will lead to the lender being awarded a default judgment. Thus, in the foreclosure process, default first occurs when the loan falls behind and the bank believes the homeowners have no intention or ability to repay, and then again if the foreclosure victims fail to respond to the foreclosure lawsuit.

Especially in cases where mortgage fraud may be suspected, or the homeowners are attempting to work with a difficult bank, a court decision called an injunction may be necessary. This is essentially an order designed to prevent harm from being done to the homeowners, either to hold off on the eviction process, or credit payments that have been made that the lender claims were "lost," but for which the owners can show proof. Essentially, it is designed to protect the homeowners against future injuries against them by the lender. Injunctions can be used against the lender to make them do something or prevent them from taking an action against the foreclosure victims.

Although most homeowners facing foreclosure would like to hire an attorney to defend them in court, this option may not be available, mainly due to cost. This does not, of course, preclude them from fighting back against the legal process that is attempting to take their homes from them. Homeowners may be able to defend themselves, and courts refer to such self-represented parties as pro per or pro se. Each phrase has the same meaning, designating a party to a lawsuit that is handling his or her own case without representation.

Class action lawsuits are one of the most effective means that have been brought to bear on negligent, fraudulent, or predatory lenders. Using this type of lawsuit, former foreclosure victims have grouped together and sued such big names as Ocwen and Fairbanks Capital (a/k/a Select Portfolio Servicing), claiming damages amounting to tens of millions of dollars. If widespread fraud or incompetence on the part of a lender is uncovered, which led to many people losing their homes unnecessarily, a class action may provide relief and shut down the unethical business.

A default judgment is typically awarded to the mortgage lender in foreclosure situations simply because the owners of the property do not file an answer or appear in court on the hearing date. Their silence is taken by the judge to mean that they have no disagreement with the lawsuit and do not wish to defend against it. Therefore, the case is decided for the lender, who is able to proceed to a sheriff sale and the eviction of the homeowners. This is one reason that is is absolutely vital that foreclosure victims at least show up to the hearing, if only to request more time to save their homes or defend against an unjust lawsuit. There is absolutely no reason to make it this easy on the lender to foreclose on the home, without even showing up to request a chance to obtain a new beginning.

Lis Pendens is a Latin term meaning "a suit pending," and is most frequently used to describe a foreclosure lawsuit that has been initiated against a particular property. A document called a lis pendens may be filed at the county recorders office, which will inform anyone researching the property that it is subject to litigation. The document informs everyone with any potential interest in the property that nothing should be changed with regards to it as long as the suit is pending in court; this is one reason few banks will lend money if a house is in foreclosure. It also indicates that the title to the property is in question and may be transferred if the house is sold at a public county foreclosure auction.

A secured debt is used to describe the mortgage, which was money loaned in return for a lien to be placed on a particular piece of property. The lender's interest is a security (the house) that will cover the debt (mortgage) that is owed if the loan payments are stopped. If the mortgage agreement is broken by the debtors, foreclosure proceedings may be initiated against the homeowners. In this process, the bank will be able to force the sale of the collateral, the home, in order to pay off the debt secured by the house. Also, lenders have no recourse to any other assets during the foreclosure lawsuit, as only the house is pledged as collateral for a mortgage. They can not take any other asset until after the foreclosure, and then only in certain specific circumstances in some states that allow for it.

There are many more terms that will come up during the foreclosure lawsuit, and state and local court rules will inevitably use different terms to describe the same or similar ones to those mentioned here. Homeowners should look up their state's rules of evidence, and the local court's rules, as well as practice by reading through their own legal paperwork. Picking up a small law dictionary will also help, and it can shed light on seemingly very confusing legal forms with dense "legalese" language. Defending against a very clearly defaulted mortgage may be difficult, if not impossible, but foreclosure victims can show the court that they will not simply be pushed out of their homes without utilizing every resources available to them, including court-ordered options. A judge with a motivated homeowner in front of him can often order the bank to attempt working with the owners to stop foreclosure completely or put the court proceedings on hold until a better solution is worked out.

Nick maintains the daily-updated foreclosure blog at ForeclosureFish.com, a website that aims to educate homeowners on various methods they can use to stop foreclosure from taking their homes. Visit the website today to learn more about how foreclosure works, and read through more articles, blog entries, and search through numerous reference materials. Also, download a free e-book describing the process of foreclosure and how it can be avoided: http://www.foreclosurefish.com/

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Why are Disability Discrimination Law Attorneys Essential in Pursuing a Claim

Why are Disability Discrimination Law Attorneys Essential in Pursuing a Claim by Rainier Policarpio

Overview of the Employment Scene



Today, in our society, disabled people have various rights that must be respected. Especially in the employment field, they should be given equal opportunities to be able to have their own source of finances to sustain a decent living.



Yet, many scenarios seem to be favoring only those individuals in good physical shape and mental capabilities in the employment arena. Their companies or employers are treating thousands of disabled job applicants and workers unfairly in many aspects of employment.



The Americans with Disabilities Act



The aforementioned instances bring about the passage of important laws that advocate the welfare of these people with impairments – whether physically or mentally. The ADA or the Americans with Disabilities Act of 1990 seeks to prevent companies with 15 or more employees, state and local governments and employment unions from performing discriminative acts against disabled workers in the following aspects:



• Job application processes



• Salaries and wages



• Career enhancement trainings



• Promotions



• Working conditions



• Employment privileges



• Job terminations



The ADA considers a person as disabled if his physical or mental ailment limits at least one of his primary life activities substantially. However, if his disability does not affect his capacity to exercise vital functions related to a job, there should not be any reason that an employer reasonably accommodate him.



The ADA further suggests the implementation of actions that make a workplace readily accessible and functional for people with disabilities. Employers are also required to modify their job structure and schedule so that these individuals may cope up.



No policies therefore, should be executed that limits a disabled worker from performing his job assignment and imposes unto him “undue difficulties” in any company operations.



On the other hand, any complains regarding ADA violations may be filed at the U.S. Equal Opportunity Commission, which is the lead agency that handles cases of employment discrimination, especially those concerning disability discrimination.



Filing a Legal Action with Disability Discrimination Law Attorneys



Since most of the employers has their own legal counsels to defend their cause, it is definitely vital for the discriminated workers to look for their trustworthy disability discrimination law attorneys. This will make sure that the legal battle will be fair enough to both parties.



In filing a claim, the discriminated employees will have a period of 180 days after the performance of the illicit act to bring their case with the EEOC. Following are the important things that should be included in a complaint:



• The plaintiff’s personal information such as his name, address and contact details as well as his employer’s



• A brief and precise details of the discriminatory act done by the employer including the date it was carried out



• Some documents and other evidences that will support the employee’s allegations



After the charges have been filed, the EEOC will conduct an investigation and will prohibit the employer from taking any action against the plaintiff. The resolution will be declared after all matters surrounding the case are completely considered.



This is also why the discriminated employees have to commission a competent employment attorney – the procedures in filing disability discrimination claim involves various legal issues and steps that may be intricate for them.


Know how essential the role of Disability Discrimination Law Attorneys is in cases of disability discrimination.



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Filing a Mesothelioma Lawsuit

Filing a Mesothelioma Lawsuit
By James Howell

If you or a loved one has been diagnosed with mesothelioma, the first step once you have dealt with the pressing medical issues should be contacting an attorney to find out if you are eligible to file a mesothelioma lawsuit. Because mesothelioma is caused by exposure to asbestos, usually on the job, in most cases there will be grounds for a lawsuit against the person's employer at the time of the exposure. Additionally, the companies who produced the asbestos products are liable for the damage their products cause, and a mesothelioma lawsuit may be filed against them as well. If a person has died of mesothelioma, a lawsuit can be filed on their behalf by a family member or the executor of their estate.

Time Limits

It is important that you see a specialized mesothelioma lawyer as soon as possible, as there is often a time limit for filing a claim. Each state is different, but typically there is a one to two year maximum from the time of diagnosis to the filing of a mesothelioma lawsuit. In addition to this time limit, you must consider the time it will take to select your lawyer and the time required for your lawyer to research and put together a case for your mesothelioma lawsuit.

Compensation

Make sure you find a lawyer that specializes in mesothelioma. Often mesothelioma lawyers advertise on television, as well as the Internet. Of course, you can always look in your local phone book as well. An experienced mesothelioma lawyer will be able to offer you the best advice based upon your individual circumstances. Although it is impossible to predict how much you may be awarded, an experienced lawyer will be able to give you an idea of how much you might get. Compensation often runs into six figures for claimants. This is to cover medical expenses, pain and suffering, and also to secure a financially stable future for their families. Fortunately, mesothelioma lawyers typically don't get paid unless they win the case or reach a settlement out of court, so you will not have to worry about being unable to finance your mesothelioma lawsuit.

Find out more about
Mesothelioma Lawsuits.

Or learn more about
Mesothelioma Cancer.

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Steps To Take After A Road Accident

Steps To Take After A Road Accident
by nsm2007

If you have ever been involved in a Road Accident and suffered any form of injury, under UK law you have up to 3 years to make your claim for compensation. The following steps can also be used as good advice in preparation in-case yourself, a family member or friend is ever involved in a road accident.



1. Call the Police as soon as possible. Police statements from the scene of an accident can be critical in assessing who was at fault.



2. If its at all possible get as much information from the other driver as possible inc... name, address, telephone number, insurance details including his vehicle registration and car make.



3. Its always wise to have a camera to take pictures of the incident. Most people nowadays have a mobile phone with a camera or video recorder to capture the scene.



4. In the instance that no-one at the crash scene has a mobile handy then always make it a concern to return back with a camera at the earliest time possible - there may be tyre marks on the road worth capturing that can help back your claim.



5. If there were witnesses at the time of the accident get their details.



6. Make an appointment with the Hospital or your local G.P. And get any injuries checked by a professional. Its also important to have a medical record to back-up your claim.



7. Use the Internet to find a specialist Personal Injury Lawyer that you feel comfortable with to look after your claim.



8. Keep and record any receipts that may have found you out of pocket from the car accident. This could be loss of earnings, repair bills, traveling expenses etc...



Remember, its always advisable to find out the best advice possible regarding any compensation claim. Most reputable Injury Lawyers will never charge for their advice.


The Injury Lawyers are specialist Whiplash Claims and Road Accident Claims specialists.



Paul Steven writes for North South Media a leading Internet Marketing Company in Scotland.


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Lawyer TV Ad States Insurance Company Settled At Mere Mention of Lawyer's Name

Lawyer TV Ad States Insurance Company Settled At Mere Mention of Lawyer's Name

by Christopher Davis

I ran across this story while doing some research on disreputable attorneys who use misleading advertising to solicit clients. Back in 2003, the Indiana Supreme Court reprimanded two personal injury lawyers and their law firm for using misleading television ads that violated state ethics rules.

The TV ad depicts a conference room where actors portraying insurance adjusters are discussing a claim. An older man, the "senior adjuster," asks a younger man, the "junior adjuster," how the claim should be handled. The junior adjuster describes the claim as "...a large claim, serious auto accident" and suggests they try to deny and delay to see if the claimant will "crack."

The senior adjuster then asks which lawyer represents the victim, whereupon the junior adjuster responds says the name of the firm. A metallic sound effect follows and the senior adjuster, now looking concerned, states: "Let's settle this one." At this point in the advertisement, actor Robert Vaughn appears on screen and advises viewers, "[T]he insurance companies know the name (law firm name)."
Mr. Vaughn then invites individuals who have been injured in an auto accident to tell the insurance companies they "mean business" by calling the law firm. Mr. Vaughn provides the lawyers' telephone number, which also appears at the bottom of the screen.

The lawyers ran two other similar TV ads. The Indiana Supreme Court ruled that the ads were deceptive and misleading, resulting in a formal admonishment and reprimand. The lawyers were ordered to pull the ads.
Can you believe the measures that some attorneys will go to in an effort to get clients?

You need to know that:

Although the bar association has rules that govern lawyer advertising, it usually does not actively investigate, restrict or determine whether each lawyer who advertises is a specialist or has experience with the type of case being advertised and whether his claims are legitimate.

There are no restrictions on the different types of law that the lawyer wants to advertise. You should be extremely careful about choosing an attorney based solely on that attorney's advertising claim, whether the ad is in the phone book or on television.

Did you know that there are companies that offer prewritten and pre-shot TV commercials for personal injury attorneys? Any attorney with enough money can pay to be on the list, including attorneys who have never tried a case in court. Many times the attorney who has paid the fee is not necessarily the most experienced lawyer for your case. I'm not saying that all attorneys who use TV advertising are inexperienced. But you should not rely on TV advertising alone when choosing a lawyer.
Just a word to the wise.

About the Author

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com .

The Role of the Bankruptcy Trustee

The Role of the Bankruptcy Trustee
by David Siegel

The bankruptcy trustee is the designated representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator.



The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate.



In chapter 7, the trustee liquidates any non-exempt property of the estate, and makes distributions to creditors. The chapter 7 trustee will examine the debtor's pay advices and tax returns which are required to be submitted under the current law. The trustee will ask the debtor questions, under oath, to determine whether or not there are assets available for distribution. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.



In the counties surrounding Chicago, Glenn Stearns is the standing Chapter 13 trustee. Mr. Stearns is a hands-on trustee who takes an active role in the bankruptcy process. He often conducts 341 meetings of creditors whereby he examines the debtor as it relates to the information contained in the schedules. He also appears before the Judge to offer his opinion with regard to confirmation issues. Mr. Stearns further appears at Trustee's motions such as the Trustee's motion to dismiss.



Additionally, Mr. Stearns has made the two-hour, post-filing, debtor education class available through his office. As long as the debtor's case has been assigned to Glenn Stearns as Trustee, the debtor can attend the class free of charge. The class is often scheduled on the same date and location as the debtor's 341 creditors' meeting. This is very convenient for the debtor in that there is no excuse not to take the class. Since the two-hour education is required prior to receiving a discharge, it makes sense to take the class early and get it out of the way.



Much of the debtor's case information is made available on the trustee's website. This feature is extremely helpful in determining which creditors have filed claims and to what extent those claims are being paid. Lastly, the trustee can be reach via telephone for any additional questions from either the debtor or his counsel.


David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional information is available at Chapter 7 Bankruptcy.


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How to Contest a Will

How to Contest a Will by Nicholas Fagan

A last will is a legal document that determines the distribution of a person's estate, which includes assets, upon his/her demise. A last will and testament must be up-to-date to be legally compliant with your state's laws. You are free to leave your estate to anybody you want according to most state laws. You are free to leave your money, and property to charity even if you wanted. Doing so though may cause your legal heirs to try and contest your will.



Beneficiaries sometimes contest a will because they’re not happy with the size of their share or may feel left out of the beneficiary list all together. Whatever the reason, many wills are subject to contesting; this is especially true with larger estates and large sums of cash.



Contesting a will is simply a formal objection against the validity of a will in which you don't believe the will reflects the actual intent of the testator. Wills are contested on the grounds that the testator lacked the ability/capacity, was mentally disabled or intoxicated, delusional, or a subject of partial influence.



When contesting a will on the basis of the capacity of the testator then consider if the testator was above the age of 18 since minors are termed incapable. Litigation usually is about incapacity of testator due to senility, dementia and insanity or any such defects which render him/her unable to form a proper will. Although, the state recognizes that capacity to form a will is present if three conditions exist. These conditions are that the testator knows the value and extent of his property, which his family are legal heirs of and how they treated him in his lifetime. This legal test is relevant because dissatisfied heirs ( complainant ) who expected a larger share should have to come up with the burden of proof that establishes the incapacity of the testator. Often times it’s hard to prove someone was mentally unable to have the capacity to write a will.



Besides these conditions, there are a few minor technical details that could be contested. If there is a mistake on the will it can then be contested and proved invalid. Common mistakes are that beneficiaries sometimes sign as witnesses, and another common mistake is when the signatures are not in order. Property value could also not be calculated correctly, which could cause a will to be contested. The names of the beneficiaries may be wrongly identified on the will, or the dates maybe wrongly marked. There are many minor details that could be contested.


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