It is still a smart decision to have a will in addition to a living trust for any property that is acquired shortly before death or any property that is mistakenly forgotten to be included in the living trust. By setting up a will in addition to a trust, you can simply name a person to inherit any assets and property that is not already left to a different specific beneficiary. This will ensure that all of your assets are dispersed in a manner that you approve of rather than it being determined by the state.
Sunday, February 28, 2010
Living Trusts
A living trust is a popular way to avoid probate, which can be a very expensive and time consuming process. A living trust is created while a person is still alive who names a trustee to the assets of the trust. By setting up a living trust, probate is not needed for the trustees to inherit the assets of the trust. Anything that is transferred into the living trust before death doesn’t go through probate and can avoid any lawyer and court fees. The beneficiary simply transfers the named assets and once the assets are transferred, the living trust ceases to exist.
Friday, January 15, 2010
Ways to Avoid Divorce
Divorce seems to be all around us these days. Currently, the divorce rate is at an estimated 50%. I am sure most of us have parents that have gone through divorce, or been impacted by it from relatives or friends that have gone through divorce. The divorcing process is not an easy one, and many parties become affected by this life altering experience. So here are few suggestions to help you know what you are getting into, before you are in too deep:
1. Is it love or lust?
Many people jump into relationships and get caught up with the romance, butterflies, and instant attractions. To know if those feelings will really last all come with time. Relationships take time and experience to truly understand the other person and learn if their values, morals, and beliefs correlate with yours. Before you make the big jump into marriage, you need to ask yourself if you are willing to stay with this person when the luster dies out.
2. Independence vs. Dependence?
Are you looking to your partner to fulfill with you with happiness, security, and comfort? If you are, then you need to take a much needed vacation for yourself. Before a marriage can ever work, you need to look to yourself for happiness and fulfillment. To appreciate each other, you need to be able to take care of yourself and your needs first.
3. Everybody else is doing it
Are all your friends getting married? Do you feel like you are at the age that you should be married by now? Well, it is not the 1950's anymore. All the rules that pertained to marriage 60 years ago are out the window. It is up to the individual now to decide when the right time to be married is. For instance, take into consideration life expectancy. We are living much longer, healthier lives than our ancestors did who were married at young ages. Time is on our side these days, so really make an active effort to make sure you are taking the leap into marriage for yourself.
Marriage is hard, and it is comparable to a second job. You have to be devoted and willing to work. However, if divorce is in your future, do not do it alone. Having a third party present can make the transition easier and help keep biases out of the equation.
1. Is it love or lust?
Many people jump into relationships and get caught up with the romance, butterflies, and instant attractions. To know if those feelings will really last all come with time. Relationships take time and experience to truly understand the other person and learn if their values, morals, and beliefs correlate with yours. Before you make the big jump into marriage, you need to ask yourself if you are willing to stay with this person when the luster dies out.
2. Independence vs. Dependence?
Are you looking to your partner to fulfill with you with happiness, security, and comfort? If you are, then you need to take a much needed vacation for yourself. Before a marriage can ever work, you need to look to yourself for happiness and fulfillment. To appreciate each other, you need to be able to take care of yourself and your needs first.
3. Everybody else is doing it
Are all your friends getting married? Do you feel like you are at the age that you should be married by now? Well, it is not the 1950's anymore. All the rules that pertained to marriage 60 years ago are out the window. It is up to the individual now to decide when the right time to be married is. For instance, take into consideration life expectancy. We are living much longer, healthier lives than our ancestors did who were married at young ages. Time is on our side these days, so really make an active effort to make sure you are taking the leap into marriage for yourself.
Marriage is hard, and it is comparable to a second job. You have to be devoted and willing to work. However, if divorce is in your future, do not do it alone. Having a third party present can make the transition easier and help keep biases out of the equation.
Friday, November 20, 2009
Family Businesses and Divorce
One of the most overwhelming issues in a family business is divorce between couples. Even without a family business, divorce can be devastating. When the two are tied together simple issues can turn into serious complications.
Marriage in the United States fails 50% of the time and the statistics on second marriages are worse. As for family businesses, only 30% are passed on successfully from the first generation to the second, 12% from to the third generation and 3% to the fourth generation. Divorce is a strong influence to these statistics. There are several strategies and legal processes that can be done to alleviate these complex dilemmas.
Pre-nuptial agreements will not prevent families from divorce but they can help minimize the financial affects. Very few marriages use these agreements not because it’s a bad divorce strategy but because they are afraid and hesitant about having the conversation before getting married.
The family business is regularly the largest asset owned by the family. When there is a divorce the business is usually sold because it’s almost impossible for the business to survive in a hostile environment. There a numerous options but the proceeding being divided between the two couples is what usually occurs.
It us also important to consider that family is not the only party affected, but employees as well. This is common in small medium sized family businesses. These employees are treated as extended family who tend to participate and voice their opinion without hesitation. Family business and divorce is such a large threat that having representation and strategies to these threats is something every family should consider.
Marriage in the United States fails 50% of the time and the statistics on second marriages are worse. As for family businesses, only 30% are passed on successfully from the first generation to the second, 12% from to the third generation and 3% to the fourth generation. Divorce is a strong influence to these statistics. There are several strategies and legal processes that can be done to alleviate these complex dilemmas.
Pre-nuptial agreements will not prevent families from divorce but they can help minimize the financial affects. Very few marriages use these agreements not because it’s a bad divorce strategy but because they are afraid and hesitant about having the conversation before getting married.
The family business is regularly the largest asset owned by the family. When there is a divorce the business is usually sold because it’s almost impossible for the business to survive in a hostile environment. There a numerous options but the proceeding being divided between the two couples is what usually occurs.
It us also important to consider that family is not the only party affected, but employees as well. This is common in small medium sized family businesses. These employees are treated as extended family who tend to participate and voice their opinion without hesitation. Family business and divorce is such a large threat that having representation and strategies to these threats is something every family should consider.
Friday, October 2, 2009
Divorce Affects Everyone
Are you dealing with a messy divorce and in need of a San Diego Attorney? One out of every two marriages ends up with divorce in America today. Divorce not only affects the adults, but the children as well. Kids take divorces personally and believe that it was something that they did to cause it. As a parent you must be sure to tell your children what is really happening, so they have a better understanding why this devastating event is happening to them.
Children are frightened and have a lost sense of security, so you need to let them know what your next steps are. Make sure they do not take it out on themselves, and tell them to not to bring the parents back together. Whatever you do as a parent, do not ask your child to takes sides or depend on your child to give comfort.
There are many Divorce lawyers in California who have years of experience dealing with family dilemmas. Therefore it is crucial to research and choose a suitable representative who caters to the family as well. There are many reactions that kids have after a divorce: guilt, depression, fear, withdrawal even insecurity.
If your child experiences any signs it might be best to have them talk to a counselor. Sometimes it is good if the whole family goes in so the psychologist can asses the situation in depth. Just remember to tell your kids that it is not their fault and there will be change, but you will be there with them through it all. Choosing the right Divorce lawyer can help alleviate pressure by allowing us to take care of your case and allowing you to deal with family issues.
Children are frightened and have a lost sense of security, so you need to let them know what your next steps are. Make sure they do not take it out on themselves, and tell them to not to bring the parents back together. Whatever you do as a parent, do not ask your child to takes sides or depend on your child to give comfort.
There are many Divorce lawyers in California who have years of experience dealing with family dilemmas. Therefore it is crucial to research and choose a suitable representative who caters to the family as well. There are many reactions that kids have after a divorce: guilt, depression, fear, withdrawal even insecurity.
If your child experiences any signs it might be best to have them talk to a counselor. Sometimes it is good if the whole family goes in so the psychologist can asses the situation in depth. Just remember to tell your kids that it is not their fault and there will be change, but you will be there with them through it all. Choosing the right Divorce lawyer can help alleviate pressure by allowing us to take care of your case and allowing you to deal with family issues.
Friday, September 4, 2009
Ways to Avoid Bankruptcy
Bankruptcy is more common than ever, and statistics show that last year bankruptcies rose over 31% and is continually growing. In hard economic times there are several ways you can reduce the bills and cut unnecessary expenses to save yourself from declaring bankruptcy. Here are several ways to put a little extra cash in your wallet.
1. First off, if you are making car payments to a dealership you need to stop! Sell the new car and buy something that is older, affordable, and within your price range. Many people today are living beyond their means and need to realize what they can really afford.
2. Eat in, and stop going out to restaurants as much. Making your own food is going to save you tons of money and may be even healthier for you. Make it a family activity where you can teach either yourself or your kids to cook.
3. Stop using your credit card and if you have several reduce it to only one. It only racks up more interest on things that you cannot afford in the first place. This will cost more if you were to file bankruptcy because of the legal services you will need to hire.
4. Lastly you can carpool or use public transportation. When you carpool it not only splits the cost of gas in half, it is also helpful for the environment. Riding the bus, trolley, or biking will save you hundreds of dollars a year.
Times are tough. It is important to keep your eye on the horizon because signs of improvement have been trickling in. If you’re still facing hardship, you have options. Debt reduction and consolidation programs are everywhere. And when bankruptcy filings are at an all time high, know that you’re not alone. It is important to seek proper help if you’re feeling the economic pinch. Debt is not something you should to try to fix alone, especially if you’re considering Bankruptcy.
1. First off, if you are making car payments to a dealership you need to stop! Sell the new car and buy something that is older, affordable, and within your price range. Many people today are living beyond their means and need to realize what they can really afford.
2. Eat in, and stop going out to restaurants as much. Making your own food is going to save you tons of money and may be even healthier for you. Make it a family activity where you can teach either yourself or your kids to cook.
3. Stop using your credit card and if you have several reduce it to only one. It only racks up more interest on things that you cannot afford in the first place. This will cost more if you were to file bankruptcy because of the legal services you will need to hire.
4. Lastly you can carpool or use public transportation. When you carpool it not only splits the cost of gas in half, it is also helpful for the environment. Riding the bus, trolley, or biking will save you hundreds of dollars a year.
Times are tough. It is important to keep your eye on the horizon because signs of improvement have been trickling in. If you’re still facing hardship, you have options. Debt reduction and consolidation programs are everywhere. And when bankruptcy filings are at an all time high, know that you’re not alone. It is important to seek proper help if you’re feeling the economic pinch. Debt is not something you should to try to fix alone, especially if you’re considering Bankruptcy.
Tuesday, August 25, 2009
Were You Injured at Work? Here is Workers Compensation Information for You.
Workers Compensation is one of the oldest social insurance programs in the Nation. It was adopted to protect workers who were injured at work and to protect employers from lawsuits. In workers compensation, you do not need to prove that your injury was someone else’s fault in order to receive benefits from the program. You are entitled to receive prompt medical attention for on-the-job injuries, despite who was at fault. In return for these insurance benefits, this program prevents you from suing your employer.
Usually, the process in receiving medical attention and benefits is a smooth one, but there are cases when there is a disagreement between you and your employer regarding the amount you receive from workers compensation benefits or whether or not your injury was sustained on the job. In cases like these, it is important to seek legal advice and help from an experienced law firm like James Sexton Law Firm.
Here at the James Sexton Law Firm, we have helped many people just like you receive the prompt medical attention and benefits that they deserve. California employers pay the highest costs of workers compensation in the nation and many employers will try to prolong the benefits if they believe that there is a chance that you were not injured on the job to avoid these high costs. Don’t wait; call us today for your free consultation to help get you on the path to recovery. We are on your side.
Usually, the process in receiving medical attention and benefits is a smooth one, but there are cases when there is a disagreement between you and your employer regarding the amount you receive from workers compensation benefits or whether or not your injury was sustained on the job. In cases like these, it is important to seek legal advice and help from an experienced law firm like James Sexton Law Firm.
Here at the James Sexton Law Firm, we have helped many people just like you receive the prompt medical attention and benefits that they deserve. California employers pay the highest costs of workers compensation in the nation and many employers will try to prolong the benefits if they believe that there is a chance that you were not injured on the job to avoid these high costs. Don’t wait; call us today for your free consultation to help get you on the path to recovery. We are on your side.
Monday, July 27, 2009
Inexpensive Activities for Your Family to Enjoy
During today's economic conditions, everyone's looking for a way to avoid spending money and save. During this time families find it harder to go on family outings and find activities that are both fun and not costly. We here at James Sexton Law Firm have compiled a list of cost efficient activities for you and your loved ones to enjoy during this time of economic hardship.
Check Out the Local Library-Local libraries are often holding different events throughout the week for the community to enjoy. These activities range from different skills classes to movie nights. Getting little ones involved in library reading programs means a whole family can partake in reading nights.
Look for Donation Museums-Large museums can often be very costly, especially for a large family. Many smaller museums however, are donation based and therefore very affordable for you and your family. Look around for a donation based museum located near you.
Go to the beach-If its what San Diego's known for, why not take advantage of it? Take your family to the beach for a picnic where everyone can enjoy a meal in the sun followed by splashing in the cool ocean waves.
Visit the park-Take your family for an evening stroll through the park in the neighborhood. Kids can take advantage of the playground while you and your spouse enjoy time to yourselves on the grass nearby.
Schedule a movie night-Having fun as a family, doesn't mean you have to go out. Schedule a movie night for your whole family to enjoy together. The fun begins at the movie rental store when everyone's trying to decide what they want to watch. Rental rates have gone way down, making movie nights a very affordable fun family activity.
Don't let dollar signs stop you and your family from having fun. Look for other free activities near you that your family can participate in.
Check Out the Local Library-Local libraries are often holding different events throughout the week for the community to enjoy. These activities range from different skills classes to movie nights. Getting little ones involved in library reading programs means a whole family can partake in reading nights.
Look for Donation Museums-Large museums can often be very costly, especially for a large family. Many smaller museums however, are donation based and therefore very affordable for you and your family. Look around for a donation based museum located near you.
Go to the beach-If its what San Diego's known for, why not take advantage of it? Take your family to the beach for a picnic where everyone can enjoy a meal in the sun followed by splashing in the cool ocean waves.
Visit the park-Take your family for an evening stroll through the park in the neighborhood. Kids can take advantage of the playground while you and your spouse enjoy time to yourselves on the grass nearby.
Schedule a movie night-Having fun as a family, doesn't mean you have to go out. Schedule a movie night for your whole family to enjoy together. The fun begins at the movie rental store when everyone's trying to decide what they want to watch. Rental rates have gone way down, making movie nights a very affordable fun family activity.
Don't let dollar signs stop you and your family from having fun. Look for other free activities near you that your family can participate in.
Thursday, June 25, 2009
A Dent in Your Car Made More than Just a Dent in Your Savings?
Being hit by another vehicle is scary. But the main thing you should worry about after you get hit by another driver is your safety and health. Take a moment to assess your injuries. Even if you feel alright, write down the other driver’s information in case you acquire further injuries or stresses a few days after the crash. Experiencing a car crash is painful in and of itself, so don’t let your finances crumble as well. The last thing you would need is a stack of medical bills for injuries that you received from someone else’s reckless driving.
So, many people wonder, what do I do after if another car hits me and I feel I might be injured enough to sue for the payments of my medical bills? First, make sure you find a way to take down the other driver’s information. It would be in your best interest to call the police to ensure that all legalities are carried out. If you feel any neck, back, or head pain go to the hospital immediately. Your health is your number one priority and you can deal with the lawyers later.
When it’s time to choose a lawyer research, research, research! It is important to pick an attorney with a lot of experience and one who specializes in personal injury claims. Make sure he/she is very knowledgeable and explains to you all your legal options. Ask as many questions that you need to in order to fully understand what kind of compensation you can receive from the offending driver.
Don’t add to the stress of recovering from your injuries by worrying over your bills. The time you lose from work, the cost of your car repair, and the cost of medical bills may be overwhelming, but an experienced lawyer will explain to you what you qualify for. Find a lawyer who will fight tooth and nail to get the compensation you are entitled to.
If a car accident was not your fault, it is not your responsibility to pay for the costs. Educate yourself on your rights and find a great lawyer that will fight for them. And stay safe on the road!
Resource box:
For more information on Personal Injury Law and for legal advice on what to do after another driver hits and injures you visit James Sexton Law.
So, many people wonder, what do I do after if another car hits me and I feel I might be injured enough to sue for the payments of my medical bills? First, make sure you find a way to take down the other driver’s information. It would be in your best interest to call the police to ensure that all legalities are carried out. If you feel any neck, back, or head pain go to the hospital immediately. Your health is your number one priority and you can deal with the lawyers later.
When it’s time to choose a lawyer research, research, research! It is important to pick an attorney with a lot of experience and one who specializes in personal injury claims. Make sure he/she is very knowledgeable and explains to you all your legal options. Ask as many questions that you need to in order to fully understand what kind of compensation you can receive from the offending driver.
Don’t add to the stress of recovering from your injuries by worrying over your bills. The time you lose from work, the cost of your car repair, and the cost of medical bills may be overwhelming, but an experienced lawyer will explain to you what you qualify for. Find a lawyer who will fight tooth and nail to get the compensation you are entitled to.
If a car accident was not your fault, it is not your responsibility to pay for the costs. Educate yourself on your rights and find a great lawyer that will fight for them. And stay safe on the road!
Resource box:
For more information on Personal Injury Law and for legal advice on what to do after another driver hits and injures you visit James Sexton Law.
Wednesday, May 27, 2009
Is Declaring Bankruptcy Right For You?
The Sexton Law Firm knows that California bankruptcy is a huge problem in today’s market. Finances are tight, and jobs are hard to come by. It is unfortunate, but good hardworking people sometimes fall behind on their bills due to unforeseen circumstances like divorce, illness, loss of employment, or various other reasons outside of their control.
If you’re in financial distress, you’re probably confused and worried about what steps you can take to quickly put your life back on track. You’ve probably been asking:
What should I do? Should I tell my friends and family? How do I protect my assets? What are my options? Do I need a bankruptcy lawyer?
Don’t be misinformed about your rights as a consumer. There are many options for you. But beware – there are many companies that are just looking to make a quick buck. Do your research; ask about free consultations with debt consolidation companies and local attorneys. Consulting an attorney is important before making any decisions. They can explain the pros and cons of filing and can walk you through the process.
Before filing for a bankruptcy it is important that you know what is involved. Bankruptcy can stay on your credit report for up to 10 years which can make it difficult for you to get a loan, a new car, or buy a home. But, what sets bankruptcy apart from the other debt solutions is the potential to get rid of 100% of your debt. There's no risk of losing your belongings, and creditors cannot harass you.
Make sure you weigh the pros and cons, and don’t feel ashamed or embarrassed. These days, there are many options available, and many people in similar situations. It’s never too late; there is a light at the end of the tunnel.
If you’re in financial distress, you’re probably confused and worried about what steps you can take to quickly put your life back on track. You’ve probably been asking:
What should I do? Should I tell my friends and family? How do I protect my assets? What are my options? Do I need a bankruptcy lawyer?
Don’t be misinformed about your rights as a consumer. There are many options for you. But beware – there are many companies that are just looking to make a quick buck. Do your research; ask about free consultations with debt consolidation companies and local attorneys. Consulting an attorney is important before making any decisions. They can explain the pros and cons of filing and can walk you through the process.
Before filing for a bankruptcy it is important that you know what is involved. Bankruptcy can stay on your credit report for up to 10 years which can make it difficult for you to get a loan, a new car, or buy a home. But, what sets bankruptcy apart from the other debt solutions is the potential to get rid of 100% of your debt. There's no risk of losing your belongings, and creditors cannot harass you.
Make sure you weigh the pros and cons, and don’t feel ashamed or embarrassed. These days, there are many options available, and many people in similar situations. It’s never too late; there is a light at the end of the tunnel.
Wednesday, April 29, 2009
Do You Need a Personal Injury Lawyer?
Do You Need a Personal Injury Lawyer?
There are many different situations in which you might need a personal injury lawyer. If you or someone you know has been injured, or suffered a loss of any kind due to someone else’s intentions or careless acts and you feel you are entitled to some form of compensation, you probably need the advice of a personal injury lawyer. Such situations could be: a car accident, a workplace injury, a dog bite, mental distress, sexual harassment, etc. All of these require a careful and professional approach in order to receive maximum compensation.
A vast majority of the times, insurance companies do not pay proper compensation to victims of personal injury cases, as the victims do not know how to properly represent themselves. It is almost always necessary to have a good lawyer to argue your case to the insurance companies and, if need be, take the case to court. Sometimes, the threat alone of having a lawyer is enough to get proper compensation from an insurance company. If your case is strong enough, many lawyers will even work on a contingency basis, meaning that they only get paid if you win a case or get a settlement. They would then only take a percentage of the compensation and usually still leave you with more money than you would have had with no lawyer at all.
If you do decide that you need a lawyer, many (including us at the Sexton Law Firm) offer free consultations. Call to set up your appointment and we’ll see how we can help. It can never hurt to see what your options are.
There are many different situations in which you might need a personal injury lawyer. If you or someone you know has been injured, or suffered a loss of any kind due to someone else’s intentions or careless acts and you feel you are entitled to some form of compensation, you probably need the advice of a personal injury lawyer. Such situations could be: a car accident, a workplace injury, a dog bite, mental distress, sexual harassment, etc. All of these require a careful and professional approach in order to receive maximum compensation.
A vast majority of the times, insurance companies do not pay proper compensation to victims of personal injury cases, as the victims do not know how to properly represent themselves. It is almost always necessary to have a good lawyer to argue your case to the insurance companies and, if need be, take the case to court. Sometimes, the threat alone of having a lawyer is enough to get proper compensation from an insurance company. If your case is strong enough, many lawyers will even work on a contingency basis, meaning that they only get paid if you win a case or get a settlement. They would then only take a percentage of the compensation and usually still leave you with more money than you would have had with no lawyer at all.
If you do decide that you need a lawyer, many (including us at the Sexton Law Firm) offer free consultations. Call to set up your appointment and we’ll see how we can help. It can never hurt to see what your options are.
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