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The Concept of Guardianship and its Importance

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Guardianship in ordinary discernment refers to a position capable of protecting or guarding. The Oxford learner dictionary defines guardianship as the state or position of being responsible for somebody or something.​¹​ The concept of guardianship holds a very important position in law. It can be defined as a legal obligation imposed upon a person, to provide care for another who is unable to maintain his or her own affairs. The Guardianship is a legal relationship wherein a legal duty is created upon a person or an institution whose name is instituted in a will or by the order of the court, and is duty bound to take care of a minor child or an incompetent adult.

Guardianship can be classified into three types. The first type would include a friend or a family member of a ward. It includes a natural guardian. Further, the second type includes a public guardian wherein some government agencies may serve as a guardian. And lastly, there are professional guardians which include attorneys and other professionals. The professional guardian is appointed when the candidates from the first two categories are not willing to or unable to maintain the ward in question.

guardianship law

An appointment of guardianship is restricted to the person who is incompetent to take care of their own affairs. A guardian may be appointed for a minor person below the age of 18 (as it is taken, they are unable to handle their affairs) and for people who due to some mental, physical disabilities etc. are unable to maintain themselves.

The eligibility for the appointment of guardian is highly influenced by the ‘best interest’ of the ward. The court may consider various factors such as education, health, trustworthiness and the relationship of the potential guardian vis-à-vis a prospective ward. Opinions of the ward can also be taken into consideration by the court. A guardian having conflicting interest in the guardianship cannot be appointed. The court also has the power to limit the role of the guardian either exclusively to the care of the person of the ward or exclusively to the assets and finances of the ward

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A guardian is responsible for handling the finances, property and personal care of a person incompetent to do so.​²​ Apart from the active role of the court in the determination and overviewing the role and functions of the guardian, a good guardianship attorney also plays an important role in the matters of guardianship. His expertise involves advising which guardianship should be granted based on the circumstances, to help the clients with complex and technical paper work and also to represent a client (guardian) before the court of law after appointment under the guardianship laws. An attorney ensures that the hearing for guardianship is conducted correctly and is in compliance with the just principles of law. Therefore, do not go into a guardianship hearing blindly.

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The best way to account for guardianship is by addressing a guardian for your children in your estate planning documents. ​Take a second to view offers of various companies that provide unique legal services for a low price.

Estate Planning 101

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Planning ahead of your death can be one of the most beneficial things you do for your family and friends. By creating a full and thorough estate plan, you have the ability to transfer your assets to your loved ones beyond death. An estate plan consists of a variety of documents and aspects that permit you to decide how to handle your property. The top attorneys over at JUSTLAW​ helped us formulate a list of the top six things you must do in order to have an efficient estate plan.

 

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1. Execute a Last Will & Testament

This document is the cornerstone of your estate plan. There is no point in going through the rest of the steps, if you do not have a last will. It is a vital part of your estate plan. 

A ​last will handles all of your property after your death​. In the document, you have the ability to bequeath, or transfer upon death, every piece of property you own to a specific person. Take this opportunity to give your house to your children, your car to your wife, and your precious art collection to your best friend.

The reason as to why creating a last will is so important is because it avoids intestacy. The laws of intestacy are put in place as default rules in the event you do not create a last will. Every state has their own set of laws on intestacy. These laws favor relatives and thus may not be in line with your wishes. Therefore, if you do not create an estate plan, then intestacy will not see through that your best friend receives your art collection.

 

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2. Execute a Living Will

Also referred to as an advance directive, a living will is a legal document that specifies the type of medical care you wish to receive in the event you become incapacitated and are unable to make those medical decisions yourself. In the document you can also express your wishes as to a variety of medical procedures including, but not limited to, cardiopulmonary resuscitation, mechanical ventilation (breathing tube), feeding tube, comfort care, dialysis, organ donation, etc. Do not let your family stress over what to do in this situation. Make your intent clear and fill out a living will for their benefit.

estate planning

3. Power of Attorney

Next, you should designate someone as your power of attorney. A power of attorney, or durable power of attorney​, is a document that empowers someone to act on your behalf. Generally, an estate plan consists of two of these positions: Health care power of attorney and financial power of attorney. The health care power of attorney is addressed in the living will. However, in the event you are incapacitated, you can designate someone as your financial power of attorney, to take care of your finances.

4. Create a Living Trust

Otherwise known as an inter vivos trust, a living trust gives you the ability to name beneficiaries to your designated assets. The advantage of placing assets into a living trust over a will is that the trust avoids the lengthy and expensive probate process. A detailed description of other ways to avoid probate, beyond creating a living trust, are beyond the scope of this article, but there are some good, ​free resources available online​. With this document in place, the named beneficiaries can immediately own and control the designated property upon your death.

 

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5. Protect your Digital Assets

Many folks spend significant amounts of time thinking about their personal property and how it would be handled in the event of their passing, but never give consideration to digital assets they’ve worked hard to create during their lives. The list goes on for the variety of ways that people use Instagram, Twitter, Tik Tok, blogs, and websites. These tools, when used correctly, can allow certain influencers to generate large online activity and, in many cases, significant revenue streams. State legislatures have gone a long way to helping folks protect these assets, as over 35 states have now adopted the Revised ​Uniform Fiduciary Access to Digital Access Act​. Yet while the legislatures have offered citizens the tools to protect these assets, very few online entrepreneurs have done so using their will-based estate planning documents. Under a will you can protect these accounts by assigning a beneficiary to control each account. If you’ve worked hard to build your sphere of influence online or even if you’re just an average person who wants your family to hold onto your personal digital assets, you will most certainly want to consider protecting these digital assets as part of your estate.

For example, you have probably heard of the singer, Prince. He among many other famous celebrities, died without a will. His heirs have ensured that his ​crucial mistake​ of not creating a will stays in headlines for years and years to come. To date, not one of his heirs have inherited any of his estimated $200 million dollar estate. That all started thanks to a ​petition filed over four years ago back in 2016​, initiating the case of ​In re the Estate of Prince Rogers Nelson​. As part of his enormous estate, some of the more valuable assets include his ​numerous emails, tweets, social media accounts and other digital assets all owned in his name​. In fact, it is estimated that as a result of this four year battle over Prince’s estate, both sides have built up administration fees upwards of $45 million. That is almost 25% of the worth of the entire estate.

Clearly it is extremely beneficial to create a will. Do not send your family into years and years of ugly disputes over something so simple. Please, create a will. Not only for your sake but for your family’s sake as well.

 

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6. Guardianship

In some instances, both parents of a child pass away at young ages. As new parents, one of the first things you should do after the birth of your precious little one is complete guardianship forms as part of your estate planning. The forms ultimately designate people of your choosing who will become the child’s guardian. Stated more directly, the guardian you choose will care for your child until he/she reaches the age of eighteen, in the event you pass away while the child is still young. This is vital towards ensuring the safety of your child by placing them in the care of people you trust.

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This article was meant to provide you with a summary of some of the most important components of a comprehensive will-based estate plan. It’s clearly not a substitute for a good attorney, and shouldn’t be viewed as ​legal advice​. Hopefully, this information helps you create a thorough estate plan. Remember to always keep it current by updating your beneficiaries and any newly acquired assets. In addition, talk to your loved ones about your estate plan. And finally, remember that ​affordable attorneys are available online to help you through it.​ The law was meant to protect you, so do your part to make that true.

What has the pandemic taught us about estate planning?

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As we endure the effects of the COVID-19 pandemic on our society, we are presented with a great time to take stock in our blessings and simultaneously plan for a better future. And what better way to do that, then work on your estate planning. If you do not have an estate plan, state law will determine who receives your property, which may not necessarily be the individuals to whom you wish to receive it. Even if you do have an estate plan, now is a perfect time to revisit and revise your plans. But in the meantime, it may be wise to consider the future beyond your lifetime.

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How can you plan for the future? Consider drafting an estate plan. Here are some consideration on doing so:

1. What is Estate Planning?
Before diving into the reasons why estate planning is so important amidst a pandemic, you must have a thorough understanding of it.

Everyone has an estate whether you realize it or not. An estate can consist of a house, a car, or even your record collection. It could also include your investments, checking and savings account, life insurance, furniture, and all your personal possessions. Unfortunately you can’t take your record collection with you when you pass away, so you’ll need to plan how it will be used beyond your lifetime.

That is where estate planning comes in. When we talk about basic estate planning documents, these documents include the client’s last will and testament and a revocable trust agreement, and these are the documents that memorialize how your property will pass in the event of your death. These documents essentially take you out of the state-mandated “probate” process. In addition to these documents, a basic estate plan will also include a durable power of attorney, a living will, a designation of healthcare surrogate, and a designation of a pre-need guardian. While a detailed explanation of each of these documents is beyond the scope of this article, we will be reviewing each document in future releases on The Verdict, so definitely stay tuned for more there.

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That’s an earful, to be sure. So let’s go back to your record collection to make sense of it all. While living, you need to decide who’ll receive the records and when they will receive it, and even how they can be played (only on YOUR favorite record player). And you need to do that for all your possessions. That is essentially estate planning in a nutshell.

2. When Should You Start to Prepare an Estate Plan?
The answer to the question above is very simple: as soon as possible! What are you waiting for? Plan ahead. You are never too young or too old to create an estate plan. Do it. Not for you, but for your family.

3. Understanding the Components that are Placed in an Estate Plan
There are two common misconceptions surrounding estate planning: (1) that it just involves gifting your property and (2) that it is only something the super-rich need to do. However, an estate plan goes far beyond just who receives your property. In fact, it includes a plethora of factors that you may have never thought would be included.

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a. Your children
As stated above, you are never too young to create an estate plan. Life has countless bumps along the way and thus you can never be prepared enough to embrace them. Therefore, your estate plan should include a provision on the guardianship of your minor children. This provision will set forth how you envision your minor children will be taken care of in the unlikely event of your death.

b. Financial planning
Someone will have to oversee your finances. You will want someone who you could put your full trust into, to ensure that your money is handled correctly.

c. Decision-making in the Case of Incapacity
Yes, your will could even include how you want your life to be handled in case you become severely ill. Do you want life saving treatments? Answer that question in your plan so that your family knows your wishes.

d. A Dispute Arises
Watch the movie, Knives Out, and you will immediately run to your will to include this provision on what to do if your heirs fight over your possessions. Including this provision will hopefully save your family from a huge fight that could potentially render familial relationships damaged, forever. This provision will establish that in the event of a dispute or disagreement among family members, you wish for them to send the dispute to arbitration, among other alternatives. Include it. Providing peace of mind for your family after your passing is of deep concern to most.

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4. Grasping State Law and its effects on Estate Planning
State law will have a profound effect on your estate planning. How so? It has the power to usurp your decision as to who will receive your possessions beyond your life. One example is that the state will decide who your possessions will go to, if you do not have a plan set forth. Stated more directly, if you have no children but do have an unmarried domestic partner, your estate would pass to your parents upon your death, not your partner. That could potentially create many issues for you that could be avoided, simply by creating an estate plan.

5. Take Advantage of What you Can Control
Our final lesson and takeaway from this article is to always take advantage of all opportunities you are presented with. Most importantly, take advantage of the easiest ones to control. For example, ensure that your beneficiary forms with your bank are filed and up to date. You should immediately amend them as well when you want to change your beneficiary. Remember, this also applies to insurance policies and even retirement accounts. There is no reason why you cannot have this done. It is easy, simple, and will save your beneficiaries a whole lot of trouble when you pass away.

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While we’d love to invite you to stop by one of our Peace of Mind centers, our physical openings have been delayed due to the pandemic. But you can still schedule a time to speak with one of our licensed will and estate attorneys by phone, video or chat for just $9. To do so, simply click here.

Injured on the Job? Here is what you should do:

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If you got injured as a result of your employment, you may be entitled to certain protections. Assuming you have workplace compensation insurance, which everyone should have, you can have your medical expenses covered regardless of who is at fault. However, there are certain instances where you may not be protected by such insurance and thus you need to initiate a lawsuit.

Eligibility:

Eligibility is very simple. There are three basic requirements you must meet in order to receive workplace compensation benefits:

  1. Your employer carries such insurance.
  2. You are considered an employee.
      • This includes part time employees who may only be seasonal workers. However, an independent contractor would not be considered an employee.
  3.  You got injured on the job.
      • This is obviously the most important part. Your injury must be a direct result of your employment. If you get hurt while gardening at home, you cannot claim workplace compensation benefits.

Common workplace injuries:

  1. Repetitive Motion Injuries
      • These types of injuries occur when a worker does the same task over and over. Carpal tunnel and oftentimes tendonitis are the usual diagnosis for such injuries. These are the most common workplace injuries that are almost always recognizable workplace compensation eligible injuries.
  2. Falls due to unsafe working conditions/equipment
      • If you fell while working as a result of poor working conditions or equipment, you will most likely be eligible for workplace compensation benefits.
      • Conversely, if you fell while working, yet there are no hazardous working conditions that caused your fall, you most likely will not be able to recover any workplace compensation benefits.
  3. Back Injuries
      • Besides repetitive motion injuries, these are another common type of injury that employees can and do recover benefits. Back injuries occur in most instances after an employee regularly carries heavy loads for long periods of time.
  4. Motor vehicle accidents
      • These types of injuries are recoverable as long as they occurred while you were on the job. If you got into an accident while on your morning or evening commute, to and from work, you most likely will not be able to recover because you were not on the job when you suffered the injury as a result of the car accident.

Steps that should be taken after you are injured:

  1. Notify your employer and immediate supervisor.
      • Some states have strict and short deadlines compared to other states in terms of the amount of time you have to report an injury. Thus be swift in your notification, assuming you have the ability to, barring a serious injury.
  2. Your employer shall then ensure you receive medical attention.
  3. Your employer must then notify your insurance carrier.

If you are approved for such benefits, here are the types of benefits you may be eligible for:

  1. All medical expenses
      • This includes, but is not limited to, any doctor visits, prescriptions, and surgery.
  2. Lost wages
      • You are entitled to a portion of your wages for the amount of work you miss as a result of your injury.
  3. Disability payments
      • These differ based on whether you are temporarily or permanently unable to
        return to work.
  4. Death benefits
      • Families of a worker who was killed on the job are entitled to such benefits.

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An attorney is needed for these types of cases in order to properly guide you through the claims process. Schedule a ​consultation​ with one of our experienced workers compensation attorneys today!

In Default on your Student Loan Payments?

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Do you have student loans? Are you up to date on your payments pertaining to the loan? Are you behind on them? If so, there are a few different designations that the government will label your account as, whether it is delinquent or in default, that could mean you could face legal consequences.

Most students take out student loans. In fact, it is estimated that ​70%​ of students have taken out student loans in order to pay for their education. While they make sense in order to get an education, they can cause you loads of trouble later on in life.

default on student loans
It’s estimated that ​70%​ of students have taken out student loans to pay for their education.

The Stages to Default:

Before you are considered in default on your payments, you must meet a few standards.

    1. Delinquent: If you miss a payment, you are considered delinquent. If this was just an outlier and you thereafter continue to make your payments on time, your account will not be deemed as delinquent.Falling into delinquency, while not considered as serious as default, should still be taken seriously. If your account is considered delinquent, you may have trouble receiving additional credit, renting an apartment, etc. Therefore, make your payments swiftly in order to avoid any potential of falling behind on any of your payments.
    2. Report to Credit Reporting Bureaus: Student loans services will report your account to such bureaus if you are 90 days behind on your payments.
    3. Default: If you are 270 days behind on your student loan payments, your account enters into a default stage.

What are the Legal Consequences of Default on your Student Loan Payments?

  1. Loss of Eligibility
    • If you are in default on your loans, you will be ineligible for future student
      loans.
  2. A potential lawsuit
    • If you fall into default on your student loans, the lenders can come suing. Unfortunately, for these types of lawsuits, the statute of limitations is irrelevant. In other words, they can sue you regardless of how long ago you went into default on your loans.
  3.  Damaged credit
    • Arguably one of the worst aspects of defaulting on your student loans is receiving damaged credit as a result. There is nothing worse than a low credit score. You simply will have a tough opportunity to borrow any money for any loans. Thus, you will find it hard to take out a car loan, mortgage, or a new credit card account.
  4. Tax refund offset
    • If you default on your student loan, the IRS has the ability to withhold refunds on your income tax. They can legally do this until you meet your payments on your loan.
  5. Garnishment of your wages
    • Garnishment is a fancy word for saying that the government can legally take your income and use it to pay off your loans. While they cannot take the whole paycheck, they can take a small portion of it. There are options to object to garnishment of your wages, however it is very difficult to obtain and should only be done at the direction of an attorney.

If you are in default on student loan payments, here are some solutions:

  1. The Public Service Loan Forgiveness Program, otherwise known as “PSLF”, can forgive your loan if you have been employed in the public sector or for a Not-for-Proft organization for 10 years.
  2. While it is very difficult, it is not impossible to have your student loans discharged in a bankruptcy petition. The standard that a plaintiff must meet in order to have their loans discharged is that payment of the debt will cause an “undue hardship” on you and your family/dependents.
  3. There are also a variety of plans available that would pay off your loans over time. These plans work similarly to how a garnishment of your wages would work and generally would collect 10% of your income to pay off the loan over time.

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JUSTLAW hopes that this article has helped you determine what steps you need to take in order to effectively help your situation. Contact us for a ​consultation​ where we can direct you on the best steps to take to wipe away your student loans.

Refinancing: COVID-19 Edition

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While the world continues to battle the COVID-19 pandemic and the economy struggles to regain its pre-pandemic status, the housing market is increasing in strength. Interest rates have been lower than ever, therefore one thing should be on every American homeowner’s mind: refinancing.

Refinancing in America: October 2020

The pandemic has a multitude of homeowners taking out new mortgages and refinancing their mortgages. However not all Americans are pursuing this option.

According to mortgage data firm Black Knight, 19.3 million million homeowners could save a vast amount of money just by simply refinancing their mortgage. This is because the interest rates are at historic lows. Therefore, many Americans who currently have 30 year mortgages with interest rates at 4 or 5 percent could refinance their mortgage, receive a lowerinterest rate, and end up saving money in the long run.

Why are some Americans not Refinancing?

The simple answer to why most people do not refinance their mortgage is because it is not a fun process. In order to properly refinance your mortgage, you need to compile a few sets of documents including bank statements, tax returns, paychecks, and a few others. During this pandemic, people may just simply not have the time or have larger concerns to worry about.
The other reason that Americans give for not refinancing their mortgage is that they are waiting for lower interest rates. However, this is a huge gamble. Therefore, we urge all Americans to take advantage of the current historically low interest rates right now.

How to Begin and go through the process of Refinancing:

Before you begin the process of refinancing, you must determine your goals. Therefore, ask yourself these questions:

      • Are you looking to just lower your payment?
      • Are you looking for a short term loan or a long term loan?
      • Do you have the means to pay monthly?
      • What is your credit score?
      • What is the market value of your property?
      • How long do you want to keep the loan?
      • Do you have current employment?

These questions are essential in order to come to a final decision on whether to refinance. For example, if you only have a few years remaining on your mortgage, refinancing may not make sense for you because of the high costs associated with refinancing. Refinancing comes at a high cost, thus you may end up spending more in costs than the actual savings you incur from the process of refinancing.
After running through our suggested questions, if you decide to move forward in the process of refinancing your mortgage, you should consider the following steps:

      1. Shop around with different lenders for the best rates. Do not just settle upon the first lender. Negotiate with them and get the best possible deal for yourself.
      2. Ensure you have a high credit score. If you have a low one, start to be mindful of it. Pay your bills on time and build up your score.
      3. Do a cost-benefit analysis. Ensure that any savings you incur from your monthly payments after refinancing, outweigh any costs associated with the pursuit of refinancing your mortgage.

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The ultimate decision to hire an attorney for the process of refinancing is left to the discretion of the homeowner. Most homeowners do not pursue legal help. However, keep in mind that you should have an attorney review all documents associated with refinancing a mortgage to ensure they are all in accordance with the law. If the cost of an attorney is dissuading you from procuring an attorney, look no further than ​JUSTLAW​. We provide extremely affordable, quick, and efficient legal services and would be more than happy to help you in your pursuit of refinancing your mortgage. Good luck!

Key Provisions for a Valid LLC Operating Agreement

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Creating a successful LLC is a great accomplishment for any business owner to meet. In order to reach that goal, a strong operating agreement is needed. Different LLCs will need different operating agreements. In particular, specific terms, ownership structure, state of incorporation, and business structure are different for every business. Therefore, ensure that your operating agreement includes the following provisions displayed below:

1. Distributions

Profits and losses of an LLC are part of the everyday life of a typical business. An operating agreement is given the task of defining how the profits will be divided between the members, as well as the losses.
Therefore, the distribution provision of an operating agreement should explicitly state each member’s ownership stake in the LLC. Accordingly, the provision should display the ownership breakdown of the company. Ordinarily, an operating agreement will have a table-like format that will display the member’s name, their capital contribution to the business, and their ownership stake in the company.
We took the liberty to provide an example of a capital contribution and percentage interest table that you may typically find in your operating agreement:

Member Capital Contribution  % Ownership Stake
Bob $400,000 40%
Rachel $300,000  30%
Dylan $300,000  30%

 

2. Roles and Responsibilities of each Member

All members of the LLC will be responsible for particular areas of the business. The operating agreement should clearly state these responsibilities. This will ensure that you have accounted for all areas of the business by delineating certain members to different parts of the business.

This section could also include other various powers and duties of particular members. Specifically, the operating agreement can explicitly state that a majority of members is needed to make any and all decisions.

3. Classes

While all members own parts of the business, some businesses have different classes of ownership. The particular class your shares of ownership are in, will determine your voting rights and financial entitlement. While not all LLCs need to have classes, if you do decide to include this form of structure in your LLC, ensure that it is placed in your operating agreement.

4. Books and Record-keeping

Failing to keep thorough books and record-keeping could be detrimental to the survival of your LLC. In some cases, failure to conduct record-keeping could lead to revocation of your business. Thus, ensure that the operating agreement mentions the process for record-keeping and who will be responsible for it.

5. Dissolution

One of the most important provisions in an operating agreement is a provision on dissolution. If a piece of property was sold belonging to the business, a member leaves, a member dies, or even if all members decide they want to end the business, the company will be dissolved pursuant to a dissolution provision in the operating agreement. Thus, your operating agreement must have a provision on the different potential routes a business could pursue in executing a dissolution.

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These are just a few of the key provisions. You may also consider clauses that cover buyouts, internal disputes and more. Drafting an operating agreement is extremely important for the success of an LLC. Schedule an attorney consultation with one of ​JUSTLAW’s many experienced attorneys​ to learn more about how we can help!

How to Avoid Probate

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You may hear the words “avoid probate” and think “well, that is illegal”.  We are here to tell you that avoiding probate is completely legal. In fact, we are asking you to take advantage of the law. Avoiding probate has numerous benefits to your estate plan. However before we dive into those benefits, we need to first introduce and understand what “probate” means.

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What is Probate?

Probate is the process of proving that a will is valid. In other words, the court looks to prove that the will is the last known testament of the deceased. A will is not a self-executing document and thus needs a court to validate it.

There are three main functions of probate:

  1. Ensure the will is valid.
  2. Protect creditors. (Provides a procedure for the payment of decedent’s debts)
  3. Ensure beneficiaries get their inheritance.

There once was a time where all wills had to be subject to the probate process. However the probate process was deemed slow, cumbersome, and expensive. Therefore, courts have designated certain property “as non-probate property”, meaning that such designated property need not enter the dreaded realm of probate court.

Types of Non-Probate Assets

(1) Living Trust

Otherwise known as an “inter vivos trust”, a living trust avoids probate. Upon creating a living trust, you can place particular assets in the trust for your named beneficiaries. Because they are placed in the trust during your lifetime, they pass to your named beneficiaries immediately upon your death. However, you can also specifically state how you want distribution of the assets to occur. Maybe you don’t want your child to receive your house until he/she reaches the age of 25. Maybe you don’t want your child to receive your favorite car until he/she reaches the age of 30. Whatever it may be, a living trust allows you to avoid the expensiveness of the probate process.

One question JUSTLAW Attorneys get quite often in regards to trusts is how do the logistics of a revocable living trust work? 

Revocable living trusts are one of the most common forms of shielding assets from the probate process. In creating a revocable trust, there are customarily three titles involved: grantor, trustee, and beneficiary. The grantor creates the trust and “funds” it with assets that they wish to “exist” inside of the trust. The grantor primarily places assets into a trust because they wish to name a beneficiary of the trust who will eventually receive those assets in the future. The third person involved is the trustee who manages the trust.

The idea of a revocable living trust is for the grantor to provide his or her named beneficiaries with assets upon their death. Once assets are placed in the trust, the grantor no longer owns them. The trust does. However, because such documents are “revocable”, you can amend the terms of the trust to put assets back in your name at anytime you wish.

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(2) Pay on Death/Transfer of Death Contracts

There are quite a few documents that you most likely have executed in your lifetime, yet had no idea they coincide with your estate plan. Do you recognize these documents below?:

  1. Life Insurance Policy
  2. Bank Account
  3. 401k account
  4. Pension
  5. Brokerage account
  6. Mutual fund

If you currently maintain any of these documents, ensure that you have named a beneficiary on them. If you do, the documents will avoid probate.

As for a beneficiary, your job is very simple. All you have to do is provide a death certificate with the applicable company and they will subsequently transfer the account over to you. It’s as simple as that.

(3) Jointly Held Property

Jointly held property will allow for the property owned jointly to immediately pass to the surviving owner upon an owner’s death and thus avoid probate. Once the decedent passes away, anything owned in joint tenancy is owned in full by the other owner(s).

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We hope this article was beneficial to you. If you are looking to start your own estate plan, contact your friends at JUSTLAW. Let us help you provide protection for yourself and your loved ones. With high quality, ​professionally drafted estate planning documents now available at extremely attractive prices​, nobody should leave these critical issues to chance.

Can you be fired for using of Social Media?

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The new age of modernization arising over recent years has created an emergence of social media usage. Whether it is Facebook, Twitter, Instagram, Snapchat, or a variety of other forms of social media, people constantly document their lives and thoughts on the Internet. Therefore, the risk of termination of employment has increased, due to social media usage. In fact, in most recent months, terminations for social media posts have risen over content relating to COVID-19 and the Black Lives Matter movement. Thus, people should be aware of their rights, while employed, on social media platforms.

First and foremost as a general rule, employers have the right to terminate employees for any lawful reasons. Terminating an employee for their use of social media could be construed as a lawful reason. However, there are some protections afforded to employees who are facing possible termination for their social media postings.

Before we introduce you to these protections, please be aware that the law on social media usage relating to employment is changing every day. Therefore, it is crucial to hire an attorney if you plan on suing your employer for a potential wrongful termination claim.

 

Protections

 

Posts outside of working hours:

Unsurprisingly, social media posts during working hours are discouraged by employers. If you post something on social media during working hours–of which your employer is not happy with–it will most likely be grounds for termination. Employers have a reasonable expectation that you will put forth all of your attention to work and not social media, thus they generally will not have trouble in moving forward with a valid termination of your employment.

In contrast, if you post something on social media outside of working hours, you generally have more freedom from retaliation by your employer.

Thus, ask yourself: was this post you made during working hours? Was it on the weekend? Was it during a break? Was it after work? Be ready to answer these questions before you move forward with an attorney consultation on this matter.

Posts concerning the working conditions of your employment:

Employees have strong legal protection when they are discussing matters of workplace conditions. Such workplace conditions include, but are not limited to:

      1. Harassment
      2. Vacation time; sick days
      3. Union discouragement
      4. Pay rate
      5. Unsafe working conditions

However, there is not a generally established blanket rule for these types of posts. Instead, posts relating to any of the working conditions made above that are false or misleading are not afforded any protection. 

Therefore, if you claim on social media that your employer is stripping your vacation time, yet there is no such indication of that, you could be fired for a false claim relating to workplace conditions.

Final Thoughts:

First Amendment:
Some of you may be wondering, why doesn’t the First Amendment protect my posts on social media? Doesn’t the First Amendment afford everyone the general right of Freedom of Speech?

Unfortunately, the First Amendment only applies to the government. Private employers do not have to abide by the First Amendment. This is doctrine under the law of government/state action.

Privacy setting on social media:

Sadly, just because your social media account is set to private, does not mean an employer cannot fire you for what you post on your private account. Because of the public nature of Facebook, Instagram, and Twitter, courts have held there is not a general expectation of privacy when you post on social media. Therefore, be aware of this if you believe setting your posts and account to private will save your job.

Employment agreement/Handbook:

Employers are restrictive as to what you can and cannot post on social media. They will explicitly state those restrictions either in your agreement for employment or any employee handbook. Take a look at them to see where your employer stands on an employee’s use of social media.

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Remember, you should always consult an attorney. There’s no need to take these matters into your own hands when high quality legal advice has gotten so affordable. JUSTLAW is here to help. Feel free to schedule a meeting with one of our attorneys if you’d like to learn more.

Here is Why you Should Always Get a Lawyer

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Generally, in a lawsuit, there are many factors that determine the fate of a proceeding and a good lawyer is one of them. Professionally, a lawyer or an attorney is one who pleads the case before a judge. It is the work of a lawyer to frame the case and advocate in a manner that the case is ultimately awarded in favor of the party he represents. When a lawsuit is filed, the parties have the option to hire a private lawyer or practice their right to legal aid and have a government or public lawyer represent them. In certain circumstances, a party can adopt pro se legal representation, i.e., represent himself before the court without any pleader. Countries such as the USA, New Zealand, India and many European countries allow the parties to refuse counsel and represent themselves before a court.

However, pro se representation is not often recommended. Unlike a lawyer, the person who lacks the proper training and knowledge or has inferior presentation skills often results in the overshadowing of a proper defense. Thus, pro se- litigants have a less comparable chance of favorable judgment for themselves over representation by an attorney.

There are many reasons that can be associated with why it is better to hire a lawyer than not to hire one. One such reason is the complexity of the case and the laws. Without a proper lawyer, it is extremely difficult to understand how to argue a case. Thus, a lawyer who has received proper training and has acquired such skills from attending law school can increase the chance of winning the case by presenting strong arguments. Further, a lawyer is well accustomed to the procedural code and its technicalities. A pro se defendant is likely to struggle with the understanding of the law and may have trouble with filing the correct legal documents with compliance to all its technicalities, which may negatively impact his or her case or have the case thrown away completely. But this situation is very unlikely with proper legal representative.

A lawsuit is a amalgamation of various factors, one of them being evidence. A lawyer knows how to prepare the evidence or challenge the introduction of evidence which a layman will lack the skills for. With proper training, a lawyer is able to identify any evidence which may be obtained using improper means or any contradictions in the witness statements and how to counter them. Additionally, lawyers have an established network of connections which may help them in discovering and challenging the opposing party.

Sometimes the cases are of such a nature that negotiation and settlements seem to be the best option. A well-experienced lawyer who has dealt with similar cases can at ease determine when a party should opt for settlement and helps a party negotiate fair terms.

A pro se defendant is very unlikely to win a legal battle against the opposing party who may have opted for a lawyer. This often results in inequity. For example, an article of the New York times which dealt with the claims of eviction observed that ‘having a lawyer makes all the difference. When tenants represent themselves in court, they end up getting evicted almost half of the times. With a lawyer, tenants win 90 percent of the times.

Thus, hiring a good lawyer becomes mandatory to win a legal battle. One of the most crucial aspect as to why a person does not hire a lawyer is because they cannot afford one. But there is an availability of alternatives such as law firms who charge minimal fees and low costing consultations.

In order to avoid the legal headache and to use the opportunity to defend oneself justly, hiring a lawyer becomes essential.

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JUSTLAW is here to promise you that we abide by this article and thus provide the best lawyers!