Second Marriages - Estate Planning Concerns

One of the biggest areas of dispute in estate planning is with second marriages. Here is a question I received. Ive changed the facts around so that I am not giving specific legal advice.

Phil,

My dad, age 87, is getting married soon so that his new wife will be eligible for social security benefits on his earnings. In his living trust he had made arrangements for me, my sister, and his lady friend. What changes for us, his kids, when he marries this lady? What do we need to know?

Wow, what a predicament.

My first reaction is to ask if his father was entering into a marital agreement (a pre-nuptial agreement, or pre-nup) before the marriage. What a pre-nuptial agreement will allow is for his father to maintain control over the use and disposition of his estate.

Without a pre-nuptial agreement, the laws of their state concerning marital property will control.

What this means is that if his father dies after he re-marries and fails to modify his estate plan, his new wife may receive statutory claims or benefits from the fathers estate (each state is different, so it is critical to receive local advice).

Another area of concern is what happens if the father re-marries and then the wife becomes incompetent? By getting married, the father has opened up his net worth to the medical claims and needs of his new wife.

When I was in active practice and was consulted by a widowed client who wanted to re-marry, I reviewed the rules concerning long term health (nursing home rules and costs) with him. I showed him what he would be responsible for if they were to re-marry. Id say 8 out of 10 people I saw and went over this with decided not to re-marry after learning the rules. They decided to live in sin.

Another area of dispute I often saw was when the re-marrying parent wanted to change his or her estate plan to provide for the new spouse. This caused a lot of hard feelings. The children often felt that they were entitled to the estate of the first parent to die and that it should not be held for the new spouse.

By providing for the new spouse, the re-marrying parent is putting his children in a position where they are waiting for their step-parent to die before receiving what they felt is rightfully theirs.

So, think twice before re-marrying in your later years. Consult with competent legal counsel and consider, at a minimum using a pre-nuptial agreement. Consider the impact the new marriage will have on your revocable living trust and whether any changes are needed to your estate plan for Medicaid or estate tax reasons.

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

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DWAI in New York State: Fight or Deal?

DWAI, or Driving While Ability Impaired, is a traffic violation in New York State and is covered by Section 1192(1) of the Vehicle and Traffic Law. It is a lower level offenset isn't completely accurate. There are two DWI charges. Section 1192(2) is a DWI charge for havin than DWI (Driving While Intoxicated).

The easiest way to explain the difference between DWAI and DWI is by thinking about blood-alcohol content. In New York, DWI is typically charged against someone whose BAC is measured at 0.08 or above. If the BAC is measured between 0.05, 0.06, or 0.07, the defendant is usually charged with DWAI. While this is easier, ig a BAC of over 0.08. This is fairly straightforward. If a jury believes your BAC is 0.08 or above, then you are guilty.

Section 1192(3) is what's known as "Common Law DWI." For common law DWI, the prosecutor must persuade a jury that you were intoxicated. This is a fuzzy concept and can be confusing to juries, and frankly to police, judges, prosecutors and even defense lawyers.

DWAI is more like the common law DWI. The judge (there is no jury for DWAI because it is not a crime) must be persuaded that your ability to drive was impaired. The difference between intoxicated and impaired is not well defined in the law, adding to the confusion mentioned above. However, the law does state that a BAC of 0.07 is sufficient on its own to prove a charge of DWAI - though it is still possible to defeat the charge on a 0.07. With a 0.06 or 0.05, the prosecutor must submit additional evidence beyond the BAC to show impairment.

In most NY DUI cases, the prosecution will have a few different kinds of evidence. This includes the BAC, standardized field sobriety tests (SFSTs) and the officer's general observations. The SFSTs suffer from a glaring flaw when it comes to DWAI cases: They are supposed to be a test of whether someone's BAC is over 0.10. In a DWAI case, the defendant's BAC is almost always well below 0.10. So if the prosecution tries to prove impairment by saying that the defendant failed the SFSTs, a capable defense attorney can argue that the tests must have been done wrong, since the BAC was actually below 0.10.

An important difference between DWI and DWAI is the licensing consequences if you fight the charges. In DWI cases where the BAC is over 0.08, the defendant's license will be suspended while the case is pending under the "Prompt Suspension Law." In DWAI cases, the defendant's license is not suspended until and unless there is a conviction. For DWI defendants, the prompt suspension law can be very difficult and persuades many defendants (even the innocent) to take a deal. This pressure does not affect DWAI defendants, so it's easier for the defendant to fight the charges.

Another key detail involves plea bargaining. With most DWI cases, the prosecution will offer a deal where the defendant would plead guilty to a lesser offense - often this means a reduction from DWI to DWAI. But with DWAI cases, there is generally no lesser DUI offense. DWI laws in New York make it difficult for prosecutors to reduce a DUI charge to something that is not a DUI charge. Because of this, the typical offer in a DWAI case is for the defendant to plead guilty to the charge. In other words, the plea bargain is no bargain. Other than attorney fees, a DWAI defendant has essentially nothing to lose by fighting the case.

We generally encourage our DUI clients to fight the charges, but the argument for this is strongest with DWAI cases, for the reasons detailed above.

New York DWI Lawyer Warren Redlich handles drunk driving cases including DWAI in the greater Albany New York area. He is also building a traffic court directory with helpful information about courts across the country.

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Sell and Rent Back to Save Credit and Honor

Many homeowners are looking to sell and rent back their own homes. The main reason behind this trend is that they have borrowed beyond their means. They need to find a way to save their home from foreclosure, but they still want to remain in the home. These are the borrowers that took advantage of the adjustable rates (ARM) to now see their payments steadily growing. Usually, they are the same borrowers with high personal, rotating debt as well. They are in a position where something has to give.

Companies are looking at purchasing these homes from beleaguered owners at less than market value sometimes only 70%. They do usually pay the costs of any fees associated with the sale. The company then rents the house back to the original owners for less than what they had been paying in mortgage payments. Most of the firms dont do anything that would tell the neighbors there was a problem. In a society that is all about keeping up appearances, the sell and rent back opportunity may allow the owner to save face.

The arrangement can seem very attractive to a home owner who is facing an aggressive buyers market. Not only are the rising interest rates causing housing prices to fall, but other owners in a similar circumstance have flooded the market with houses that must be sold and sold right now. On the open market, homes are selling for as little as 80% of their value. When you add in all the fees, the sell and rent back plan doesnt seem so far fetched.

Although it may seem like a good solution it is not the best solution or even the first one that homeowners should look at. Before they sell and rent back their home, it would be wise to look into a remortgage using any equity that has been built up in the property.

Kathryn is a freelance journalist covering the property market. She advises on sell and rent back property sales and also blogs at Home Move.

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Online Cricket Score - Instant Way To Get Updated

Cricket is an exciting game that involves lots of action and thrill. The game is watched with enthusiasm by fans worldwide. Cricket lovers are always keen to know about each aspect of the game whether it is live online scores, scores made by a team, player records or any other statistics. Watching a live cricket match is most exciting moment for a fan and you will find that they are not prepared to miss out on watching a match due to any reason whatsoever. However the bitter truth is also that it is not possible for every fan to a catch a live match on the field or in the television. In such situation, online cricket score is one of the easy means to get all the information about the match. Online cricket scores is said to be the face of every match you can get updated about cricket score even when you are not watching television or in the field.

Cricket fans always associate a lot of importance to the number of runs their favorite batsman has scored or the number of wickets a bowler has taken in a match to determine if a player is performing to his potential or not. Today fans have more knowledge and insight about the game then they had in earlier days. If a player scores well and have good average of rung that will automatically have a good fan following and climb high in the rankings table too. Online cricket score enables fans to get updated on the happenings in match. This is important to make fans feel that they are really involved in the match. Now everybody likes online cricket score as it updates you with latest cricket happenings. It becomes really very important for fans to know everything when a match is going on so that one may understand whether his/her favorite player is playing well or not.

Online Cricket Score enables you to know score made by the team. For working people who are very busy with their work, its really a pleasant gift that he/ she can get scores while sitting in the office and doing their daily work. It is not always possible for cricket fans to watch a live match on television or in the stadium. It may be due to their busy schedule. Time is the biggest constraint that comes between a busy cricket fan and the game. For them the only possibility is that if the match takes place on holiday or weekend. It becomes very difficult for a working person to see the match on week days, so online cricket score is the best way by which they can know about the match.

The individual score made by each player of both the team can also be seen through online cricket score. You can also know the number of sixes, fours, no balls, wide balls, extras given by a team, which team is batting first which bowler is bowling, which players are doing good etc. online cricket score can be accessed from a reputed site which keeps updated as per the game. Online cricket score is an essential part of knowledge that is useful for cricket fans. Now everyone has various channels to access cricket scores, it depends upon you to decide over the matter that which medium you choose. If you really have a passion for cricket and you always want to get updated with scores then online cricket scores is the best way for it.

Ella Wilson is a cricket fanatic. She simply loves the game and tries to catch live action no matter where she is.To get Online cricket score,Cricket World Cup,Fantasy cricket and Cricket News among other things visit www.stickiewicket.com

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Shop Around Online For The Cheapest Home Insurance Cover

When it comes to choosing your home insurance then of course you want to get the best deal for the cheapest premium. There are many different factors that have to be taken into consideration when it comes to home insurance and knowing your choices is essential, this is why when it comes to looking for the cheapest home insurance you should go online.

The internet is your best friend when it comes to digging out the best deals for your home insurance, not only does it provide you with the tools to compare many insurance companies at the same time but also it holds a vast amount of information regarding the different components of home insurance.

There are many web sites that give you the option of searching for comparisons when it comes to insurance, simply choose the type of cover you are looking for and hit a button, the site will present you with a comprehensive list of all the insurance companies and the deals they are offering. Of course you will have to know what type of insurance you need; the two basic types when it comes to home insurance are the contents and the building.

When shopping around for contents insurance then it is essential that you take an inventory of all your possessions and then come to a total amount that you wish to be insured for. If you dont take care here you could find that you are under insured, but then on the other hand stating too high an amount could mean you are paying out a bigger premium than you need to. Also take into account any very expensive items such as jewelery and artwork, these things might not be covered in a normal policy and may need you to take out extra cover.

When it comes to buildings insurance then dont forget about such things as out buildings, greenhouses and patio, while the standard cover will include such things as subsidence, fire and storm damage a good policy should also cover for malicious damage. Again shop around and get several quotes online when it comes to getting the cheapest home insurance cover.

Jason Hulott is Business Development Director of Protection Insurance, an internet based insurance business dedicated to getting consumers the best rates and the best products. Visit our Home Insurance Directory.

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Probate Attorneys - Sometimes A Specialist is Really Needed

Attorneys can be very useful in times of bereavement. Probate complexities can be overwhelming to a grieving survivor, and lawyers trained in dealing with such complexities can be instrumental in getting through such a time. Let's explore the ways in which hiring a probate attorney can be beneficial to the family -- even prior to passing on.

A lawyer can help in many ways when it comes to writing a will. If a person dies without a will (or dying "intestate") in Florida, their assets are divided amongst their immediate family. If the deceased has a spouse and at least one child, the first $60,000 of their estate beyond homestead entitlements, plus 1/2 the remaining estate, will go their spouse. The remainder goes to their children. If they have a spouse but no children, the entire estate goes to the spouse.

If the deceased does not have a spouse nor any children, the estate goes to their parents, as long as they are still living. If the parents are deceased, the estate goes to the siblings. Considering the complications of distributing assets and estates, a good probate attorney can help prevent problems that may arise, by guiding one through the process of writing a will. They will explain the terms that are not understood, so that the process can be gotten through quickly and without missing any important details that may be unexpected. Especially if one has children from a previous marriage, a will is essential or your assets may not be distributed the way that you want them to be.

An attorney can help you choose among the many ways to transfer assets outside of a will in Florida. These other options may include: life insurance policies or trusts, gifting cash or other assets before death; "Payable on Death" (POD) bank accounts; retirement plans and Individual Retirement Accounts (IRAs), and "Revocable Living Trusts," or the giving all your assets to a trustee for management prior to your death. For some people, these options present a better plan than simply writing a will, but it can be difficult to decide which one is best for you. Estate attorneys can help you choose the best options by explaining about each and by applying these possibilities to your unique situation. Having a lawyer by your side while trying to figure out how you'd like your assets and estates dealt with after your death will help you make sure that these matters are professionally handled. Estate lawyers deal with these things every day, so they know far more about the process than most people do. That's why they are such a help during the process of probate.

In the state of Florida, you can make a valid will if you are at least 18 years old and of sound mental state. The will needs to be in writing and signed in the presence of two witnesses. This process can be simplified by hiring an experienced Florida probate attorney. The attorney will be able to put things in a language that you can understand, so that you know just what you're doing, and so that you can be sure to have your will just as you'd like it to be.

An attorney who does a lot of estate planning or probate procedures can describe the consequences of some of the most basic choices you will have to make. Hiring someone experienced in the field is key.

Kathy Hildebrand is a professional writer who is easily bored with her "day job" assignments. So, she researches anything and everything of interest and starts writing. Writing about an extremely wide variety of subjects keeps her skills sharp, and gives her food for thought on future paid writing assignments.

More of her research and articles can be found at her web site and other sites around the internet.

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Vitamin B12 Injections

Vitamin B12 injections are an effective and tested cure for patients suffering from a deficiency of the vitamin. Although there is much dispute vis--vis oral supplementation of cobalamin and nasal sprays, these injections are the classical, prescribed and accepted remedies for speedy recovery.

Patients suffering from pernicious anemia are treated with a regular dosage of vitamin B12 injections. This is due to the fact that they are unable to absorb sufficient vitamin B12 from their dietary food sources and therefore require intramuscular injections to aid absorption. Nowadays, there are substitutes in the form of oral supplementation; however physicians generally resort to this classical treatment.

Research findings show ample evidence to reveal that cobalamin injections of 1-2 mg per day can quickly correct deficiencies. It is not apparent whether smaller amounts, such as the 25 mcg or so found in multivitamins, are sufficient to cure deficiencies. Such a claim is substantiated by the fact that although oral supplementation with vitamin B12 is safe, efficient and inexpensive and most multi-vitamin pills contain 100-200 microgram of the cyanocobalamin form of B12, many multivitamins cannot be chewed, which is important for its absorption.

The body's ability to absorb vitamin B12 is reduced with increasing age. Older people are often detected to have a more potent vitamin B12 deficiency, even in cases where they do not suffer from pernicious anaemia. Moreover, an intake of vitamin B12 from food sources decreases markedly with an increase in age, probably because of a lack of stomach acid. The conventional way of fixing a vitamin B12 deficiency has been through intramuscular injections. Experiments also reveal that vitamin B12 intramuscular injections are useful healers of neurological disorders such as progressive memory loss and lethargy.

To maintain vitamin B12 status, the alternatives to high oral doses of cobalamin (500-1000 micrograms daily) are routine intramuscular injections at a dosage of 1 mg per month. This also helps to lower homocysteine levels in the blood, thereby reducing the probability of heart diseases and strokes.

The utility of vitamin B12 is not restricted to curing deficiencies. Injections can also serve therapeutic purposes. A vitamin B12 injection acts as a stimulant for energizing the body, through cobalamin, which transmits its anti-stress elements to the human body. For example a recommended effective cure for chronic fatigue syndrome (CFS) is 6-70mg dose of vitamin B12 intramuscular injection per week for 3 weeks.

Vitamin B 12 provides detailed information on Vitamin B 12, Vitamin B 12 Creams, Vitamin B 12 Deficiency, Vitamin B 12 Injections and more. Vitamin B 12 is affiliated with Topical Vitamin C.

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