Posts

When drafting a living trust, there are a number of considerations one must make. A living trust is a popular way to transfer assets to a trust during the trust creator’s lifetime – and to avoid probate proceedings after the trust creator has died. People also create living trusts to reduce taxes, ensure financial privacy, and regulate the use of assets (in case they become incapacitated). Here are three questions you’ll need to ask yourself when drafting a living trust:...

Although Erika E. Sifrit, who was convicted in the 2002 killings of tourists Joshua Ford and Martha “Genie” Crutchley in Maryland, has been referred to by a prosecutor as “Little Miss Scrapbook” (she kept “souvenirs” of her crimes), perhaps another nickname might be more appropriate for Erika and her husband Benjamin Sifrit. Perhaps, the “Cannibal Couple”? Well, almost, according to court documents relating to her request for a new trial, the AP reports....

July 24 is National Cousins Day, a day to celebrate and reflect on the strong relationships between cousins. However, the law doesn’t hold some relations between cousins in such high esteem; indeed, some may even be criminal. Marriage or sex, for example, may be completely out of the question. So on this National Cousins Day, here are three things you should know about relationships between cousins: 1. Marriage Between 1st Cousins Is Mostly Prohibited....

A heat wave has much of the country sweltering this week. That may be great for tomatoes and ice cream vendors, but excessive heat can also cause injuries and illness when temperatures rise to dangerous levels. In many states, the mercury has risen into the high 90s for three or more consecutive days, presenting a “dangerous” situation for many people, The Weather Channel reports. Across the country, hundreds have been treated at hospitals for heat-related conditions....

A major concern of those called to active military duty is getting their old jobs back once they return to civilian life. An employee who is called to military duty is on military leave, which is basically an unpaid leave of absence. As we pause this Memorial Day to honor those who serve, here’s a reminder about how military leave works: The Right to Re-employment The Uniformed Services Employment and Reemployment Relief Act of 1994 (USERRA) provides job protection to workers that serve in the military....

Unpaid interns can play a huge supporting role for your small business. But depending on what tasks you’ve scripted for them, you may be setting the scene for a lawsuit. A Hollywood studio is learning that the hard way. As has been widely reported, two former interns are suing Fox Searchlight Pictures for failing to follow state and federal guidelines regarding unpaid internships. The interns complain they were made to brew coffee, take out the trash, and get people to sign paperwork – tasks they say should have earned them a paycheck....

Marriages often fall apart when foundational things like trust disappear. So, it’s no surprise that couples going through a divorce often wonder if their soon-to-be ex is telling the whole truth. In some cases, this mistrust may be well-founded as spouses hide significant others or undisclosed assets on the side. So, how do you find hidden bank accounts if you’re going through a divorce? The following are some tips to get your spouse to show you the money....

Imagine this scenario unfolding: You own a small bakery. You’ve spent your entire life crafting the perfect cupcake recipe. Due to the formula’s success, you’ve had to hire an apprentice to help you out. For a few years, he’s happy to help you create your masterful cupcakes. Since he’s helping you bake, you end up giving him the secret formula to your delicious wares. Everything is great – until he decides to leave and start his own cupcake shop right across the street from you....

Proving that you suffer emotional distress can be extremely difficult. Unlike broken bones or other injuries, you may have no X-rays or other medical documents to point to. Instead, emotional distress is largely psychological. And while the suffering can be as great, if not greater, than physical injuries, plaintiffs can have a hard time proving to a court they are entitled to damages given the difficulty of proof. For those considering a claim for emotional distress, here are some ways you may be able to prove your claim:...

More and more people are trying to keep wild animals as pets, only to find them not as friendly when they’re full grown. Sometimes people come across injured wildlife while hiking, camping, or even in our own backyards. However you obtained a wild animal, you might want to be careful about releasing it. Many states have enacted strict laws regarding the possession, sale, and release of wild or exotic animals, so here are a few things to keep in mind:...

Jaycee Dugard, who along with her two daughters was allegedly held captive by convicted sex offender Phillip Garrido, has filed claims against the California state corrections department. The claims are against the state of California for failures by parole agents to properly investigate Dugard’s 1991 kidnapping and years of captivity. According to the Associated Press, the claims typical precede lawsuits in which victims have six months from the time of the incident to file a personal injury claim against the state....

In connection to a Juneteenth shooting, police in Ohio have charged a 15-year-old boy with felonious assault, reports The Columbus Dispatch. The shooting, which occurred Saturday at the Juneteenth Festival at Franklin Park in Columbus, injured an 11-year-old boy. Lovauntea J. Mickens is accused of firing a stray gunshot that hit the boy in the leg. Basic assault occurs when you try to put someone in reasonable fear for their safety....

Just as the news was breaking early this week that Apple was indicating an interest in filing criminal charges in relation to the liberation of its next gen iPhone accidentally set free by a fun-loving Apple employee, additional news followed of a more concrete nature. Nothing says criminal charges like a search warrant. Next, Gaby Derbyshire, COO of Gizmodo mother-ship Gawker Media, sent a letter to Detective Broad of the San Mateo Sheriff, saying that the police had illegally executed their warrant because Chen was a bona fide journalist working for a news organization....

Rising unemployment has a ripple effect on the economy in a variety of ways, and the New York Times reports that one consequence for Family Courts across the country has been a drastic rise in the amount of child support modification cases being heard. This recent increase in inquiries regarding modification is particularly alarming because it includes “parents who previously paid diligently but are now having trouble.” Although child support modification cases are not a rarity, parents themselves facing possible furloughs, layoffs, or pay cuts might be asking themselves what happens if they can no longer afford their child support payments?...

Usually when people are fired, it’s because of their work performance. Maybe they took lunches that were too long or kept showing up late to work or simply couldn’t perform the job up to the company’s standards. But sometimes, it’s also possibly to fire an employee for off duty conduct. Firing Employees the Right Way First it’s important to note that Potdevin resigned, although it appears that it was a forced resignation....

The NYC triathlon over the weekend was marred by a series of injuries, one of which ended in the death of 64-year-old Michael Kudryk. While kicking off the event with a mile-long swim across the Hudson River, Kudryk reportedly suffered from a heart attack, necessitating his removal from the choppy waters, and a trip to the hospital where he was pronounced dead. Police also had to pull at least another 26 of the 3,000 participants out of the water for a variety of other injuries....

Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head. The teen was in a coma for over a month, and had to undergo numerous medical procedures....

Last summer, the Obama administration announced plans to expand overtime pay benefits for workers to cover employees earning up to $47,000. This summer, the Labor Department announced the new overtime rule is official, and they would go into effect on December 1. But that still might not be enough time for some small businesses to be ready, argues the National Federation of Independent Business. The NFIB contends that small businesses “can’t just flip a switch and be in compliance,” and is asking for a delay in implementing the rule until June 1 of 2017....

After juries ordered Johnson & Johnson to pay $72 million and $55 million in two separate talcum powder-related lawsuits, the American Bar Association reported that the firm representing those women got almost 26,000 calls concerning the link between talc use and ovarian cancer. Not only that, but there are currently thousands of plaintiffs currently suing the company and its talc supplier in state courts from Missouri to Florida. Tragically, ovarian cancer can be fatal....

There’s nothing like returning to your car after an errand to find a piece of paper stuck to your windshield. Sure, you can hope that it’s a junk flier advertising something you don’t need, but it’s probably a parking ticket. An evil, evil parking ticket. A parking ticket may be a strict liability offense, but that doesn’t mean you can’t fight it. In fact, there are dozens of ways to fight a parking ticket....