Who are the beneficiaries of an Estate?

• Who qualifies as a Beneficiary?
• Rights of a Beneficiary

An inheritance tax is paid anytime a portion of a deceased person’s estate is transferred to a qualified beneficiary. This is true whether a person leaves a Will or not. In the absence of a Will, the state provides guidelines for who qualifies as a beneficiary of a deceased person’s estate.

If married, the husband or wife is awarded the deceased person’s estate. If a person has a registered civil partner, they are eligible for the person’s estate. However, surviving partner who remains unmarried or unregistered to the deceased person is not qualified for receiving any portion of the estate.

If married, the deceased individuals married or registered civil partner gets priority for receiving the estate. The interest or income of funds located in a bank account for example is directly credited to the partner. The original amount invested however is passed to their children if the partner passes away.

If both parents are deceased, the deceased individual’s estate passed to their children. Depending on state or local laws in your area, illegitimate and adopted children are also given a portion of the estate. But in order for the children to gain control assets awarded to them, they must be of legal age (18 years or older) or they must enter a period of guardianship where funds are placed in trusts until they reach the required age. Portions of the estate are divided equally to the deceased children. In cases where one of the children has passed away, their rights to the estate in turn is passed to their children.

In instances when the deceased has no husband, wife or registered civil partner, all assets and properties are passed to the nearest relative. The rules regarding receivership are similar to those found in the awarding of administration rights in probate cases.

Any surviving or both parents of the dead person.

Siblings of the deceased individual who have similar mother and father (same blood) are given next priority. In cases where a brother or sister is deceased, right are passed to their descendants.

Half brothers or half sister, cases where the deceased individual shares the same mother or father but not both. Rights to the estate are awarded to their descendants in cases when they become deceased.
In the absence of the above persons, grandparents of the deceased individual are awarded the estate.

Aunts or Uncles (whole blood), meaning brothers and sisters of the parents of the deceased share both parents, rights are passed to their descendants.

Aunts or Uncles (half blood), brothers and sisters of deceased individuals parents who share only one common mother or father.
The state receives the estate in cases where the deceased person has no relatives.

If you have any questions regarding Probate Law please visit Attorney Adrian Philip Thomas with offices located at Fort Lauderdale, Florida

Probate Law

Owning any type of property, a house, car or having money in the bank is one of life’s most rewarding experiences. Assets gathered thru years of hard work and investing should always be protected. Creating a portfolio that contains all your valuable assets should be considered to monitor and manage them better.

Asset Protection

Asset protection is the process of organizing all assets including business, personal and professional by using legal methods to safeguard them against future risks. Asset protection method allows individuals to protect their properties against future creditors making it harder for them to collect your assets and properties.

There is a very fine line separating “legal” protection and defrauding credit providers. This is why getting an attorney that specializes in legitimate asset protection services is essential. These professional’s help you incorporate financial decisions with legitimate practices to create a portfolio that is diverse and protected against the risk of loss in the future.

Lawyer

The benefits of getting the services of a lawyer who specializes in asset protection are more important than ever. The law serves to protect the rights of professionals and their clients. But sometimes, decisions awarding creditors or clients could only be described as preposterous. Plaintiffs are awarded millions of dollars in damages which are charged to an individual’s assets.

Insurance Coverage

Getting insurance is a great way of avoiding and decreasing the loss of valuable assets to future creditors. But insurance coverage is sometimes limited and does not cover all damages or expenses incurred. This is why getting a lawyer who specializes in asset protection is vital in preventing exuberant damages and payments from touching your investments.

Who needs asset protection?

Individuals with high risk jobs
Medical professionals like doctors are vulnerable to litigations due to the nature of their jobs. With cases of medical malpractice on the rise, awards from such legal proceedings run in the thousands and in extreme cases could run in the millions of dollars. Medical insurance only covers a certain percentage of expenses incurred, leaving them virtually ruined.

Individuals with considerable assets
These groups of individuals comprise the majority of all individuals getting asset protection services. With assets and investments so diverse, they are at high risk for losing portions of their properties due to their exposure in a wide array of business and services.

For more information regarding Asset Protection and Probate Laws click this link at Adrian Philip Thomas, Public Attorney with law offices located at Fort Lauderdale, Florida

Motorcycles and Protective Gear

Motorcycle accidents, though not necessarily more frequent than other types of accidents, are more likely to result in serious injury or death. In fact, studies have shown that approximately 80 percent of motorcycle accidents end in injury or death as compared with 20 percent of automobile accidents. Because of the alarming statistics, it pays for motorcyclists to learn about ways to reduce their level of risks.

Protective Clothing and Equipment

In collisions and crashes, the head, arms and legs are most often affected and injured. Protective clothing and equipment has been shown to not only provide comfort but it also serves as a protection against injury.
In order to reduce the risks, a rider must come fully prepared with the proper protective gear before riding a motorcycle.

Among the protective gears that should be used by motorcyclists are:

• Helmets- Head injuries are a leading cause of death in motorcycle accidents. Wearing a helmet reduces a motorcyclist’s risk of a fatal head injury by 40 percent and of a non-fatal injury by 15 percent.
• Gloves – are mainly used to protect the hands, wrists and fingers from suffering damage when a rider is thrown off his or her bike.
• Eye protection – riders must protect their eyes against insects, dirt, rocks or other airborne matter. Even the wind can cause the eyes to tear and blur vision, and good vision is imperative when riding.
• Jackets and Trousers – this can provide some measure of protection from abrasion in the event of a spill.
• Boots- this is important not only for crash protection, but also because they provide a way to grip the motorcycle and stay securely mounted while shifting and braking.

Added Tips

Since the most common cause of a motorcycle accident is when a driver fails to notice a motorcyclists in traffic or at night, research show that bright colored clothing helps other vehicle drivers to notice the motorcyclists. Wearing bright colored protective gear can help avoid a crash.

If you or someone you love has suffered injury from a motorcycle accident, you must immediately seek the legal advice of a qualified lawyer.

Please note that this article is for information purposes only and not intended as legal advice.
Additional Legal Resource: To find out more about motorcycle accident laws, please visit Bloomlegal.com. Serving accident victims in New Orleans, Louisiana.

Be Aware of Traumatic Brain Injuries

Traumatic brain injuries (TBI) constitute one of the leading causes of death and disability each year, occurring whenever external impact to the head alters the functioning of the brain. Brain injuries vary depending on the area of the brain affected, and the cause and severity of the injury. A brain injury is referred to as “open” if an object has punctured the skull, leaving the brain is visible upon impact whereas “closed” indicates that the skull has not been penetrated.

Determining the severity of the brain injury

The Glasgow Coma Scale (GCS) is typically implemented to determine the severity of the injury. Based on verbal, motor, and eye-opening reactions to stimuli, the scale grades the individual’s level of consciousness from level 3 to 15. Those scoring level 8 or below are considered the most severe, with loss of consciousness estimated to last at least a day or more, whereas those scoring 13 and up are considered mild cases of TBI, which consciousness expected to return within 30 minutes if lost. Traumatic brain injury can be diffusive, spreading to other parts of the brain, or focal, exclusively affecting a specific area of the brain. For those suffering from injury to the left side of the brain, unconsciousness tends to last longer than those with injuries to the right side of the brain.

Symptoms of TBI

Symptoms vary according to the severity of the injury. Mild TBI may result in headache, nausea, lightheadedness, blurred vision, dizziness, fatigue, ears ringing, and bad taste in mouth. Brain injury manifests itself not only physically, but mentally and emotionally, through confusion, changes in behavior or mood, and difficulties of memory, concentration or attention. In addition to these symptoms, those suffering from severe TBI may also exhibit convulsions, one or both dilated pupils, inability to awaken, slurred speech, muscle weakness or numbness of limbs, and agitation. Severe TBI may result in permanent behavioral changes, inappropriate social behavior, impaired social judgment, and cognitive deficits in sustained attention, processing speed, and executive functioning.

Protect yourself from TBI risk

Traumatic brain injuries often have devastating repercussions not only to the affected individual but their loved ones as well, making the prevention of such injuries a universal priority. Since most traumatic brain injuries result from everyday threats, such as automobile accidents and falls, it is important to exercise caution and adopt appropriate safety measures, such as seat belts, helmets, and handrails on stairs and bathroom stalls. Don’t let yourself or your family become victims of traumatic brain injury.

If you suspect that you or a loved one has suffered an injury that could result in TBI, go to the webpage of Attorney Elan Wurtzel of Personal Injury Law Firm Wurtzel Law here.

This article is not intended as legal advice.

Marijuana Use and Truck Driving

Limits for alcohol consumption have been mandated by state and federal governments in order to address a once rampant abuse with an unfortunate number of accidents involving fatalities.

Current blood alcohol concentration (BAC) limits are set at 0.02% for:

• Drivers of vehicles with a “gross vehicle mass” greater than 13.9 tons.
• Drivers of vehicles carrying hazardous materials.
• Drivers of public transportation vehicles such as taxis or buses.

Note: A BAC of 0.02 can be reached after consuming only 1 standard drink (consisting of 1 beer, a small glass of wine or 1 cocktail). This translates into no alcohol consumption, prior to driving, for those who are required to adhere to these standards.

With this type of tight regulation, alcohol accounts for a very small percentage of truck accidents. However, marijuana is a different story. One of the main issues with marijuana smoking and truck driving is the combination of amphetamines and marijuana. Truck drivers will usually not wish to smoke marijuana, by itself, while attempting to driver over long distances for extended hours. Since marijuana produces drowsiness, this would be counterproductive to the goals of a truck driver. But when combined with a stimulant, the euphoric effects of marijuana can be achieved without the debilitating effects of sleepiness.

In cases such as these, the real problem comes into play when you consider the combined effects of speed (amphetamines) and marijuana. Since the active ingredient (THC) of marijuana is not clinically regulated, there is no way to accurately predict the effects of smoking marijuana while taking speed. Needless to say, judgement will be aggressively impaired to the point of immediately becoming an accident waiting to happen. You can also add to this mixture, the effects of sleep deprivation on brain chemistry.

Regulation and random drug testing is the only way that this issue can be addressed, since amphetamines and marijuana are readily available at many truck stops. In contrast to driving while intoxicated, truck drivers may also use marijuana combined with depressants, in order to fall asleep more quickly during their rest periods.

Please note that this article is for informational purposes only and is not intended as legal advice.

You can contact the Gordon and Elias, LLP, attorneys Todd Elias and Steven J. Gordon, serving Houston Texas and locations throughout the United States at http://www.truckaccidentlaw.org

Causes of Burns

Caustic Chemicals
Most varieties of caustic chemicals that can initiate a burn fall into the categories of strong bases and acids. Caustic chemicals, such as silver nitrate, sodium hydroxide, sulphuric and nitric acid can cause damage down to the bone level that may, or may not be, immediately apparent.

Electrical Burn
An electrical burn is caused by an outside electrical shock. These can commonly occur in the workplace or in cases when medical defibrillation has been utilized without the use of a conductive gel. In more rare occurrences, lightening can be the cause of this type of burn. The main problem with electrical burns is that the internal bodily damage may be far greater than damage that is observed on the surface.

Radiation Burn
A radiation burn can occur through an extensive exposure to ultra violet light (such as UV light from the sun). This may be the direct result of cancer treatment/therapy, X-Rays or tanning booths. The most common cause, though, is sun exposure. Tanning booth usage, in recent years, has increased – thus causing more burn injuries. But sun exposure is still more common and will even result in a condition known as sun poisoning in more serious cases.

Scalding
Burns called by scalding, involve hot liquids (such as oil or water) or heated gases (such as steam). These injuries are common in the home and can result from overly hot tap water, hot water in showers and accidental spills from coffee or other hot drinks. The usual reaction to a more severe scalding burn is the formation of a skin blister that will be filled with serous fluid. This is the body’s normal reaction to the damage sustained by heat to the skin and nerves. This type of injury is usually confined to a localized area of the skin. However, there have been deaths associated with scalding, particularly in instances when a steam pipe has broken.

Please note that this article is for informational purposes only and is not intended as legal advice.

Burns may require expensive medical treatment that can result in loss of work income or other inconveniences. To find out more about your rights concerning accidental burn injuries, you may wish to consult with attorney Gary R. Jodat at his Sarasota, Florida office.

Scaffolding Accidents

It is common knowledge that construction workers are faced with a very hazardous work environment every single day. Workers deal with heavy equipment and materials to build and repair large structures. Scaffolds which are temporary platform structures used to support people and materials are common fixtures in construction sites. In fact, according to Occupational Safety & Health Administration (OSHA), an estimated 2.3 million construction workers, or 65 percent of the construction industry, work on scaffolds frequently. With this, poses an increased risk of a construction accident. It is believed that 50 people die each year and over 4,000 are affected with a scaffold-related injury. It is ranked as OSHA’s # 1 most frequently cited safety standard violations.

Causes of Scaffolding Accidents
• Insufficient training of employees who work on scaffolds
• Overloading
• Scaffold incorrectly installed
• Slipping on planks
• Planks not being secured adequately and slipping out of place
• Inadequate guard rails
• Being struck by falling objects
• Defective foundations

Safety Precautions to Prevent Scaffolding Accidents
• Proper training of each employee who works on a scaffold on the procedures to control or minimize the hazards
• Regular inspections must be conducted by a competent person and check for any visible defects
• A competent person must supervise if a scaffold is assembled, changed, moved, or taken apart
• Scaffolds must be kept 10 feet or more away from power lines
• According to OSHA, a person must not work on a scaffold that has snow or ice on a scaffold – unless to remove the snow or ice off the scaffold
• Proper installation of guardrails
• No overloading of scaffolds with too many workers or heavy tools

If you or someone you know has been a victim of a scaffolding accident at a construction site, it is important that you contact an experienced lawyer who can help you in these situations and advice you of your legal actions.

Please note that this article is for information purposes only and not intended as legal advice.

Additional Legal Page: The Lawyers of Kelley and Uustal Law Firm. Serving construction accident victims in the State of Florida.

Labor Laws: Protecting Employees’ Rights in the Workplace

Labor law concerns the rights and restrictions of employees and their organizations, and intercede professional relationships between workers and their employers. While employees often rally for improved conditions and extended freedoms, employers often try to impose more restrictions for their workers. Complicating matters is the often aggressive presence of workers’ unions, which can wield great political power if strengthened. Thus labor laws often reflect struggles between opposing classes in society.

The Employment Contract

The crux of these labor laws is the employment contract, a written agreement between worker and employer detailing the privileges and responsibilities of each. This contract exists to protect the rights of the worker while demonstrating their commitment to their employer. Most of these contracts fall under an “at-will,” condition, meaning the employer can fire the employee at any time if the terms of the contract are broken. Other components of labor law exist as basic rights for the worker. For instance, minimum wage guarantees that a worker will be paid at least a minimum amount imposed by government standards to be fair.

Length of the Workweek

Additionally, the length of a workday and workweek is another standard of labor laws. The standard workday length is imposed to ensure that an employee cannot be forced into overexertion. In the United States, labor law decrees the standard work week to be 40 hours, meaning that no employer can force their staff to work more than that. However, a worker is permitted to work up to 72 hours a week if they desire. After working up to 72 hours in a week, harvesters are required to receive 24 hours off before they are permitted to work again. Other elements of labor law include those guidelines pertaining to health and safety conditions of the workplace, anti-discrimination laws (preventing employers from discriminating against different races, genders, classes or ages), and unfair dismissal (ensuring that an employee is fired for just cause). Specifically, the fifth and fourteenth amendments of the Constitution speak out against discrimination.

Obligations of the Employee

In addition to outlining the obligations and needs of the workers from employers and the workplace environment, labor laws also extend to the acts employees can take to represent themselves. Trade unions, strikes and pickets are all organizations or methods used by workers to change or enforce workplace rights. Strikes are considered to be the most powerful of weapons allowed to the workers. However, strikes must obey general laws and regulations to be regarded legitimate by the government.

For example, strikes must be decided on by trade union officials. Sympathy strikes, or those held against companies by which the strikers are not immediately employed, as well as those general strikes prohibited by a public order, may be prohibited. Likewise, the profession of an individual may disqualify them from participating in a strike (including government workers such as firemen, police officers, teachers, etc.) Boycotts, or refusing to support businesses until they meet a demand, are considered to be a type of strike. Other methods of striking include the go-slow, in which workers purposefully decrease their productivity, or sabotage, in which workers intentionally perform poorly. Likewise, workers may refuse to attend work to make a statement. While some labor law prohibits strikes, there is no law that endorses it.

For legal advice regarding labor laws, visit Shavitz Law. Serving clients in the Boca Raton, Florida area.

The Risk of a Neighborhood Dog Bite

Dogs, despite their cute, furry exterior are still very dangerous animals if they are not properly cared for and trained. With powerful jaws and a number of instincts that tell them to protect their territory, in some cases with physical might, they can be a problem if they are not properly handled. As a result, there are thousands of dog bites every year in America – many of them small, but many others much more violent and some possibly even deadly.

The Rules about Dog Bites
Dog bites are almost entirely ruled by state laws, so it depends largely on where you live as to what the laws are regarding the dog and its bite. In most states, a dog bite will count as an infraction against the dog, and licenses are checked. Almost all states will impose a 10 day quarantine of some kind, during which time the individual who is bit and the dog must be watched for any symptoms of rabies.

Regarding liability, most of the time, it is considered the dog owner or care taker’s fault if the dog bites. However, there are a number of factors that go into making this assessment. For example, animal control workers will generally check to see if the dog is well cared for and trained properly by its owner. Leash laws are also important as an owner who lets their dog off a leash in public is considered negligent if that dog bites anyone.

Exceptions to the dog bite rules exist in special circumstances. Anyone who works with dogs voluntarily – such as veterinarians, groomers, or walkers – are considered to be consenting to the risk of a dog bite. The only time they can bring legal action against an owner is if that owner neglects to tell them that the dog is a risk when they knew otherwise.

Handling a Dog Bite
In general, it is up to the victim to handle a dog bit accordingly. There are local health statutes in most cities requiring it to be reported to ensure there are no diseases. Additionally, there are liability laws regarding how much the dog owner can be held responsible for. Some states allow punitive damages beyond the cost of medical care, while others do not.

If you have been bit by a dog, it is vital that you have it checked by a doctor immediately. Beyond that, legal action is an option. This article is not meant to provide legal advice.

Learn what options you have after a dog bite. Visit Weinstein Law Firm in Coral Springs, Fl.

The Civil Penalties of ‘Offshore’ Tax Law Violations

Since 2003, the Internal Revenue Service (IRS) has been taking measures to improve tax law enforcement in the United States. In fact it has initiated the Voluntary Disclosure practice and the Offshore Volunteer Compliance Initiative (OVCI). Nevertheless, there are still people who have not yet gotten right with the government. If they are eligible for voluntary disclosure but did not come in under it, they would face certain civil penalties should the IRS find them. There are several civil penalties imposed depending on the case, but the most notable ones are the following:

Non-filing of FBARs
An FBAR, Form TD F 90-22 or Report of Foreign Bank and Financial Accounts, is an annual report filed with the IRS of the list of financial accounts maintained with an institution located in a foreign country with which a taxpayer has direct and indirect financial interest or has signature authority over. These financial accounts should exceed $10,000 in aggregate value at any time of any calendar year. Willful failure to file the FBAR can amount up to a penalty of 50 percent the total balance of the account. Penalty for non-willful violations would amount to not more than $10,000.

Failure to Report Various Information Returns
Taxpayers with ownership interests in foreign trusts by United States persons; U.S. persons who are officers, directors, and shareholders in certain foreign corporations; and taxpayers with transactions with 25-percent foreign-owned corporation or foreign corporations engaged in U.S. trade or business are obliged to report such information to the IRS. Penalties for failure to file or for filing incomplete information returns can come to as high as $50,000 per return with an additional $10,000 for each month the failure continues.

Withholding Information Returns on Foreign Partnerships
Any U.S. person with interests in and transactions with foreign partnerships must report such information including transfers of property to the partnerships, and acquisitions, dispositions and changes in foreign partnership interests. The fines can be staggering: $10,000 for failure to file each return plus a monthly of $10,000 for every month of failure to report, up to a maximum of $50,000 per return, and 10% the value of transferred property not reported up to $100,000.

This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.

For legal insights on offshore disclosure, contact the Thorn Law Group, experienced tax attorneys in the greater Washington, D.C. area.