If you find that you’re in a financial hole to deep to climb out of and that the hole is only getting deeper, you may want to consider whether relief under Chapter 7 of the U.S. Bankruptcy Code is a proper and appropriate solution to your problems. In general, Chapter 7 provides you with a mechanism under federal law by which your debts will be satisfied through the liquidation of non-exempt property. Depending on circumstances, you may be permitted to retain exempt property such as an automobile, your home, certain personal property and maybe even some cash.

If the financial hole you’re in is deep, but you could get out of it if only it stopped getting deeper, Chapter 13 of the U.S. bankruptcy code may offer a solution. Under chapter 13, you enter into a plan, or agreement, to pay back some or all of your debts from future earnings while retaining exempt property and sometimes non-exempt property. Generally, interest on unsecured debt, such as credit cards, it stopped during the term of the plan, which is generally from 3 to five years.

Filing bankruptcy can temporally stop lawsuits, foreclosures, repossessions and IRS actions. This is not the final solution, but does provide temporary relief while a plan of liquidation or repayment under a chapter 13 plan is prepared with out the pressure of immediate deadlines.

As your attorney, I’ll review your assets and liabilities and discuss your options with you, which may or may not include filing bankruptcy. No one wants to file bankruptcy, but when other options are unavailable for overly burdensome, congress has provided debtors with solution providing a chance for a fresh start so that they can once again be contributing members to the national economy.

Call for an appointment if you have any questions about the appropriateness or the pluses and minuses of filing bankruptcy.

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I defend those accused of committing criminal acts. There are few areas of law in which hiring a lawyer, or not hiring one, can have more impact on you life and future.
Whether you have been arrested, or just called in for a “friendly chat” regarding a crime, if you are or may be a potential suspect, one of the surest ways to be convicted of a crime, whether you are innocent or not, is to talk to the police, prosecutors or alleged victims without the assistance and advice of a lawyer. A lawyer can help you understand your rights as a citizen or resident. An experienced lawyer can help you avoid costly mistakes and traps prepared by the state.

Remember, until the state proves beyond a reasonable doubt that you have committed a specific crime, it has no right to punish you, whether you are innocent or guilty.

Whether you are innocent or guilty, any statement that you make can be misconstrued, twisted, taken out of context, and contain inconsistencies or contradictions internally or when compared to other statements given by yourself or others. The state normally considers inconsistency as sure evidence of guilt and you may thus become the sole focus of an investigation simply because you have a poor memory or you are confused or excited.

Statements to the police, the prosecutors, probation officers, a cellmate, a spouse, family friend, priest, doctor or stranger can be used against you. The only protected statements are those made to your attorney.

If you are looking for a lawyer who will fight for your liberty, and make the state prove its case or release you, I will be glad to discuss your case with you.

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This is a summary of the most important information about Protopic. For details, talk to your healthcare professional.

FDA ALERT
The FDA has issued a public health advisory to inform healthcare professionals and patients about a potential cancer risk from use of Protopic (tacrolimus). This concern is based on information from animal studies, case reports in a small number of patients, and knowledge of how drugs in this class work. It may take human studies of ten years or longer to determine if use of Protopic is linked to cancer. In the meantime, this risk is uncertain, and FDA advises Protopic should be used only for patients after other prescription treatments have failed to work or cannot be tolerated.

This information reflects FDA’s preliminary analysis of data concerning this drug. FDA is considering, but has not reached a final conclusion about, this information. FDA intends to update this sheet when additional information or analyses become available.

What Is Protopic?
Protopic is an ointment used to treat moderate to severe atopic dermatitis, a form of eczema. It should be used only for a short time. It is not for continuous long-term use.
Protopic should not be the first prescription treatment that you try to treat your atopic dermatitis. Use Protopic only after other prescription treatments did not work or you had too many side effects with other drugs.
Protopic is approved for adults and children 2 years and older. Adults can use both strengths of Protopic. Only the 0.03% strength of Protopic is approved for 2 to 15 year olds.
Who Should Not Use Protopic?
Do not use if:

Your child with atopic dermatitis is younger than 2 years
Your atopic dermatitis is infected
You have Netherton’s Syndrome. This is an inherited condition where the skin is red, itchy, and covered with large coarse scales.
You are pregnant or breastfeeding, unless directed by your doctor.
You are allergic to Protopic or any of its ingredients
What Are The Risks?
Do not use Protopic as the first prescription treatment for your atopic dermatitis since there are risks of some serious side effects. The following are the major potential risks and side effects of Protopic therapy. However, this list is not complete.

Possible risk of lymph node or skin cancer: As noted in the FDA Alert, FDA has issued a public health advisory to inform healthcare professionals about a potential cancer risk from use of Protopic. This concern is based on information from animal studies, case reports in a small number of patients, and knowledge of how drugs in this class work. The potential for systemic immunosuppression is unknown and the role of Protopic in the development of the cancer-related events in the individual patient reports is also uncertain at this. Animal studies have showed that skin tumors formed faster in animals treated with tacrolimus, the active ingredient in Protopic, and exposed to light. Because of this, you should limit exposure to natural or artificial sunlight, such as sunlamps or tanning beds.
Viral infections: Protopic use may increase the chance of getting chicken pox, shingles, or other viral infections.
Skin irritation: Protopic’s most common side effects are stinging, soreness, a burning feeling, or itching of the skin. See your doctor if these side effects continue or become a problem.
Other side effects may include headache, skin redness, and flu-like symptoms.
What Should I Tell My Healthcare Professional?
Before you start using Protopic, tell your healthcare professional if:

You are getting light therapy for your skin (phototherapy, UVA or UVB) or a lot of sun exposure
You are taking any prescription or nonprescription (over-the-counter) medicine or supplements
You are using any other skin product
You are pregnant or planning to get pregnant
After you start using Protopic, tell your healthcare professional if:

Your atopic dermatitis does not get better
Your atopic dermatitis gets worse within the first few weeks of treatment
How Do I Use Protopic?
Wash your hands before using Protopic. Be sure your skin is dry. Put a thin layer on the affected skin twice a day, about 12 hours apart. Rub it in completely. Use the minimum amount of Protopic necessary.
Wash your hands after applying Protopic, unless you are treating your hands.
Do not use Protopic under a bandage or wrap that keeps out air. You can wear normal clothing over Protopic.
Use Protopic only on skin. Do not swallow Protopic.
Stop using Protopic once your symptoms go away.
Minimize or avoid exposure to natural or artificial sunlight (tanning beds or UVA/B treatment) while using Protopic even while Protopic is not on your skin.

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Millions of people around the world are stepping out of their homes on daily basis. And unfortunately, numerous people among them met with minor to severe accidents of different natures. In such cases along with the best doctor, the victim also need the best lawyer to claim his/her compensation from the other party. It is often seen that the fault is from the other party and to claim the victim’s compensation a good accident attorney is required. An attorney is the person who looks into all the aspects of the accident; analyzes the nature of the accident and its effect on the victim’s health. Based on this analysis the attorney claims for a suitable compensation on behalf of the victim taking into consideration all the legal aspects of the case.

How to Choose an Accident Attorney?
It is very easy to get an attorney but very difficult to get the best attorney. Only a good and experienced attorney can assure the victim to get his desired rights and safeguard his/her legal rights. There are some vital points to be kept under consideration before hiring an attorney. These vital considerations are the basic things that ensure that the victim gets his deserved claim.

Qualification of Personal Injury Lawyer
This is the most important part of the hunt for a good injury lawyer. Do proper background verification regarding the actual academic qualification of the lawyer. This is because a qualified lawyer means a good chance of getting claim within a limited time. Along with the general qualification, the specific qualification of the potential lawyer is also very important. That will highlight the lawyer’s knowledge and experience in his specific field and thus will help the victim to choose the right lawyer for him.

Past Experience of Victim’s Accident Lawyer
Victims must inquire about the past accident cases represented by the lawyer and their success rate. Well, the success rate of a lawyer is based on two vital criteria. A) How fast the victim got the judgment B) Success rate of the lawyer in getting the victim’s claim. If any one of the two points does not go with the lawyer then it’s highly advised to go for another option.

Fees of Personal Injury Attorney
The victim must have a transparent idea about the fee structure of the attorney. Sometimes it is seen that the victim discontinues the case owing to the high fees of the attorney resulting huge loss of money and valuable time for the victim. So, it is advised that the victim should have a clear idea about the fee structure of the attorney that will aid the victim to plan his future course of action. Discuss all the minor and major confusions before signing the contract. Do check all the terms and conditions in the contract because it is reported that lawyers sometimes come up with different conditions which were not stated during the initial phase of the case. Some lawyers even include conditions in the contract paper that some percentage of the claimed money apart from the fee should be given to him after winning the case. So, it is suggested that the victims must check all the terms and conditions properly before signing the same.

If the above-mentioned valuable points are considered by the victim before handing over the responsibility to the attorney to represent his case, then the chances of getting success certainly get double. It is also recommended to get a well-wisher’s advice to zero the search on the best suitable attorney.

How can Victim Accident Lawyer Ease the Process of Insurance Claim?
In case the accident victim has an insurance policy then it is highly advised to appoint the right attorney to get the full claim quickly. Getting an insurance policy is just a child’s play as the procedures are very easy. But claiming the same accident insurance rights is the most difficult job for the victim. The insurance company will come up with many clauses which were not mentioned before or hidden intentionally to get the policy. So, the victim must hire a good and experienced accident lawyer who will look into all the vital aspects of the case effectively and quickly. While hiring an insurance claim attorney following vital points must be kept under consideration.

Partial Accident attorney
The victim’s accident attorney’s past record must be partial and clean. Most of the time it is found that the victim’s lawyer joined hands with the lawyer of the insurance company and drag the case too far. Thus leading the victim to either lose the case or withdraw the case owing to the long stretched time or high cost to continue the case. To know whether the victim’s attorney was partial his past records has to be inquired. Apart from this his success rate will also elaborate the nature and character of the lawyer.

Past Experience of the Accident Lawyer in Claiming Insurance
The victim must inquire about the past success rate of the attorney in getting the deserved claim from the company. While checking the background of the lawyer do check the percentage of the insurance claim received by the victim from the company and vice versa. In most cases it is observed that the victim’s lawyer negotiates with the company and settles down with some amount with lawyer commission. Avoid such kind of lawyer. Look for a lawyer who has successfully given the victim’s full desired amount from the insurance company that too within a limited time frame.

Well, if all the above-mentioned points are considered before hiring an accident lawyer then the chances of settling down to the desired amount is almost certain. Apart from these mentioned points, another important point is timing. The victim must get in touch with a suitable lawyer as soon as possible so that the other party doesn’t get chance to cover up the vital legal aspects of the case. Every accident victim has every right to claim and get the deserved right from the other party. An accident lawyer makes this procedure easy and ensures that the victim gets his due in proper time with the full amount.

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What are some of the most common elevator incidents that results in an injury?
What are some of the possible injuries resulting from elevator accidents?
Under what category of law do elevator accidents fall?
Who is liable in an elevator accident injury claim?
What components should you know when filing an elevator accident claim?
Who can file a wrongful death claim in an elevator accident-related death?
Do I need a lawyer to assist with my elevator accident claim?
What are the statute of limitations involving elevator accidents?
What are some safety tips for using elevators?

What are some of the most common elevator incidents that results in an injury?
The most common causes of elevator accidents are:

Inadequate maintenance
Unsafe design
A sudden drop
Jammed doors
Failure to level properly
Failure of doors to close
Stuck between floors
Closing of the doors on someone

What are some of the possible injuries resulting from elevator accidents?
Some of the painful injuries that may result from these accidents include:

Amputations
Back and neck injuries
Broken bones
Head injury
Paralysis

Under what category of law do elevator accidents fall?
Elevator accidents are part of premises liability law, which are regulates negligence or unsafe conditions on the part of the property owner. The owner of a business or residence is responsible for the safety of persons on their property. It is their obligation to repair and maintain the premises and provide an environment free of safety hazards and risks.

Who is liable in an elevator accident injury claim?
When elevators are defective, their faulty maintenance can result in accidents and injuries. If the property owner or manager did not properly maintain the defective elevator, he or she is liable for injuries victims sustain during elevator accidents. For a claim to be successful, it is important to determine whether or not the property owner or manager was negligent. Contact an experienced elevator accident attorney at our firm today to discuss your case.

What components should you know when filing an elevator accident claim?
Elevator cases require an understanding of how the components of elevators interrelate, such as the elevator cab, the cables, the design of the shaft, the electrical system, the brakes, and the safety stops. Knowledge of written industry standards is also critical. Contact the experienced elevator accident attorneys at our firm to discuss your case.

Who can file a wrongful death claim in an elevator accident-related death?
Generally, immediate family members of the deceased can file a wrongful death claim, meaning that in most cases, the parents, spouse or the children of the wrongful death victim can sue. Family members of the victim seek legal assistance to receive the compensation their loved one is entitled to. If damages are awarded, they will cover the financial costs for the present and the future, as well as emotional costs.

Do I need a lawyer to assist with my elevator accident claim?
Elevator accident litigation can be complicated and requires knowledge about regulatory issues, safety standards, and inspections. A knowledgeable attorney can help victims and their families recover compensation. Contact the experienced elevator accident attorneys at our firm to discuss your case.

What are the statute of limitations involving elevator accidents?
Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action.

What are some safety tips for using elevators?
Elevator accidents can happen to anyone, including children, adults, construction workers, and elevator maintenance workers. Some important elevator tips include:

Never use an elevator during a fire
Press the Emergency phone button if there is a problem or the elevator is stuck
Tell the rescue personnel the elevator location and the floor
Do not try to open elevator doors that are stuck
Try to remain calm

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TRUSTS
LIVING TRUSTS
FREQUENTLY ASKED QUESTIONS

What is a living trust and how is it formed?
Does a living trust avoid probate?
Does a living trust allow for a quicker distribution of my estate?
Is a living trust more private than probate?
Do I need a living trust to save estate taxes?
Does a living trust avoid guardianship?
Can a power of attorney be used instead of a living trust?
Does a living trust protect against catastrophic medical bills?
Are there any disadvantages in using a living trust?
Does an income tax return have to be filed for a living trust?
Under what circumstances should a living trust be used?

What is a living trust and how is it formed?
A living trust is a separate legal entity formed by you. You’re called the grantor or settlor. The trustee can be yourself, another trusted individual, or a corporate trustee such as a bank or other financial institution. The trustee’s job is to manage the assets transferred for the sake of the trust’s beneficiaries. The beneficiaries can be anybody you wish but usually it is yourself. You, as grantor, transfer some or all of your assets to the trust by retitling them in the name of the trustee. Upon your incapacity or death the successor trustee manages the trust. At your death, the trust becomes irrevocable. The successor trustee can only manage assets that have been transferred into the trust.

Does a living trust avoid probate?
Yes. However, many assets avoid probate, such as jointly held accounts, life insurance, retirement plan benefits, IRA’s, and annuities. Avoiding probate does not assure all expenses and red tape associated with one’s death will be avoided. Whether your estate goes through a living trust or probate, your debts, taxes, and expenses must be paid. Your successor trustee becomes personally responsible to see that these things are done. Any assets which have not been transferred to the trust do require probate.

Does a living trust allow for a quicker distribution of my estate?
The day after you die your successor trustee has the ability to liquidate all of your accounts and distribute the money. However, that person is still personally responsible to assure that creditors and taxes are paid. If done correctly, it is not faster than probate. It is clearly no faster if a federal estate tax return must be filed because that process can easily take two years with or without a trust. The probate process allows creditors 90 days to make claims against your assets. A trust without probate is subject to creditors’ claims for up to two years.

Is a living trust more private than probate?
In probate, your assets are not made public. However, your will is a public document. On the other hand, it is common with a living trust to have copies furnished to banks, brokerage houses, and other financial institutions, as well as having it recorded in the public records on some occasions.

Privacy can be a problem. If the estate is probated, there are formal court requirements to assure that the personal representative fulfills his/her duties. If the trust is private and the trustee does not communicate well, the beneficiaries are left in the dark as to what is going on. If the trustee does not do his/her duty then the beneficiary must hire an attorney and sue the trustee to get the information. This places a heavy burden on the beneficiary if the trustee is not cooperative.

Do I need a living trust to save estate taxes?
A revocable living trust, by itself, has no effect on your income or estate taxes. If you are married, it is the bypass trust (sometimes called a family trust) for the benefit of survivors which comes into being after your death that saves the estate taxes. Bypass trusts can be created in living trusts or in a will.

Does a living trust avoid guardianship?
If you have been diligent. There are two aspects of guardianship. There is a guardian of your person (to make personal and medical decisions for you if you are unable) and a guardian of your property (to make financial decisions). One of the best reasons to have a living trust is to handle your finances if you become unable to. Upon your disability, the assets in a living trust will be handled by the successor trustee of your trust without having to appoint a guardian. Of course, if some of your assets are not in the trust, a guardian of your property may have to be appointed anyway because those assets are outside of the successor trustee’s realm of authority. In addition, the fact that one has a living trust does not prevent the appointment of a guardian of your person if the need arises. Only a Court can appoint a guardian.

Can a power of attorney be used instead of a living trust?
A durable power of attorney transfers to some other person the right to sign your name. That person makes all of the decisions as to how that power should be used. There are no rules or guidelines given in a power as there are in a trust. A power is effective the moment you sign it. The power is revoked at the moment of your death. If you grant someone the right to sign your name you do not have to retitle your assets.

Does a living trust protect against catastrophic medical bills?
No. Assets in a living trust are considered yours for all purposes. Creditors can as easily attach assets in a living trust as assets in your name.

Are there any disadvantages in using a living trust?
Yes. As we have all learned in life there is no “silver bullet.” The published information about trusts often creates a false sense of security. Once formed it must be attended to and administered properly, both before and after your death, to assure that you maximize its capabilities. Many of the advantages touted for trusts do not benefit you but someone else. You must weigh the advantage to you and your loved ones. I have had many experiences when not all of the assets are in the living trust at the time of one’s incapacity or death. Then those assets must go through probate (at your death). Living trusts require one’s active involvement and vigilance to make sure that assets, new and old, are transferred into the trust.

In addition, living trusts require initial administrative efforts if they are to be properly funded. Trust accounts are treated differently than individual accounts or jointly-held accounts by most institutions. Each institution has a different policy in accepting trust accounts, and sometimes that policy is frustrating. Straightforward assets, such as savings accounts, CD’s, and brokerage accounts, cause very little problems for the trust owner. However, more complicated assets, such as direct investment accounts, real property, limited partnerships, royalties, mineral rights, stock in closely-held corporations, etc., can be a problem when using the trust. You must reach the conclusion as to whether or not the administration of a living trusts is worth your time and money.

Does an income tax return have to be filed for a living trust?
Sometimes. As long as you are the trustee or co-trustee of your living trust, the only income tax return you file is your normal Form 1040. However, if you are not the trustee or co-trustee of your living trust (because you have resigned, have been removed because of incapacity, or have died), the living trust must file its own income tax return (Form 1041) in addition to your normal Form 1040.

Under what circumstances should a living trust be used?
This must be decided by you on an individual basis. A living trust is clearly helpful under three circumstances.

· You are particularly concerned about the management of your assets in the event of your incapacity because you have no one to rely on.

· You have out-of-state real property that will require a probate procedure. Avoiding additional out-of-state probate procedures by establishing a trust to hold title to property in another state can be less costly and more efficient than out-of-state probate.

· You do not want to manage your financial matters. (Which, by the way, is the original use of a living trust.) You could transfer the burdensome details of handling finances to a child, relative, or trust department through the use of a living trust.

CAVEAT: The above is the author’s summary. None of these matters should be undertaken without advice and counsel of an experienced attorney licensed to practice law in the State.

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DUTIES OF THE PERSONAL REPRESENTATIVE OF AN ESTATE

IMMEDIATE STEPS

Locate and study will.
Confer with an attorney.
Make inventory of personal possessions.
Meet with family and others concerned with estate.
Assist surviving spouse in personal finances as needed.

COURT ADMINISTRATION PROCEDURE

Petition for Administration.
Publish Notice to Creditors and serve of Administration on all interested parties.
Locate witnesses if will is not self-proving.
File inventory and appraisal of assets.

ASSEMBLING OF ASSETS

Arrange for management and collection of rents.
Collect life insurance if payable to the estate.
Arrange for supervision of the decedent’s business.
Get custody of securities.
Collect income, liquidate loans and adjust portfolio.
Inspect real estate.
Check leases, mortgages, taxes, insurance.
Safeguard jewelry, heirlooms, automobiles, art, and other valuables.
Find out if decedent had property in other states or interest in trusts, insurance benefits, royalties, or other assets of value.
Investigate and collect Social Security benefits and veterans or fraternal benefits.

PAYMENT OF CLAIMS

Pay or object to all claims within the claim limitation period.

PAYMENT OF TAXES

File IRS Notice, select tax year, prepare and pay Fiduciary Income Taxes.
Prepare Federal Estate Tax Return, if required.
Pay Federal Estate Taxes, if due.
Pay credit against the Federal Estate for any tax due.
Pay any State Intangible Personal Property Taxes due.

See that Decedent’s final income tax return is prepared and taxes paid. Check records for possible overpayments by deceased in prior years. Defend against improper assessments.

If the decedent’s assets are not reportable for Federal Estate Tax purposes, an affidavit must be executed and recorded in the public records of each county where the individual owns property indicating that the assets are not subject to estate taxes. The person who signs that affidavit should be the personal representative.

ACCOUNTING PROCEDURE

Distribute timely statements or a final accounting to all interested parties covering all principal and income receipts and disbursements.

DISTRIBUTION OF ASSETS

Remit specific devises.
Obtain final receipt and release from distributees.
Set up trust funds created by Will, or pour assets over to existing trust fund.
Determine that charitable distributees qualify under the Internal Revenue Code.

FILE FINAL ACCOUNTING AND PETITION FOR DISTRIBUTION AND DISCHARGE WITH PROBATE COURT.

CAVEAT: The above is the author’s summary. None of these matters should be undertaken without advice and counsel of an experienced attorney licensed to practice law in the State.

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