Estate planning attorneys for the most part engage in every aspect of elder law, and one of the issues that is raising a lot of eyebrows is that of elder financial abuse. They say that all statistics lie, and any time you try to gather data that involves some potentially embarrassing admissions the numbers are likely to be understated. But to give you a general idea about just how significant this problem is, a 2009 MetLife Mature Market Institute study estimated annual losses due to elder financial abuse at some $ 2.6 billion a year.
To put this issue under the microscope you have to get into some sensitive territory, and the rabbit hole runs deep. But to scratch the surface it is useful to point out the fact that the majority of instances of elder financial abuse are perpetrated by a member of the victim’s family. This is hard to swallow, but a fact nonetheless. Short of this, caregivers and other people who are known to the victim are also common culprits, and there is no way of candy coating the challenge here: who can you trust?
Elders are also abused financially by people and entities that they do not know. Offers of various sorts can be made to them over the phone, in person at their doors, or over the Internet. The appeal of these offers can vary, and it must be said that some victims get themselves into trouble through their own desire to make easy money that they really don’t need.
In addition, many seniors fall victim to the epidemic of identity theft. Identity thieves target people of all ages, but seniors are especially appealing because they usually have very good credit, and many seniors own their homes outright making mortgage scams possible.
Elder financial abuse is something that everyone should be aware of and take very seriously. But the fact is that the vast majority of family members would never do anything to harm their elder relatives. People you don’t know who are proactively soliciting you are something else entirely. Stay vigilant, keep a tight hold on your purse strings, and discuss the matter of elder financial abuse with your attorney the next time you review your estate plan.
Alan L. Augulis is a leading provider of expert estate planning guidance in Warren, NJ. For more information on elder financial abuse and other estate planning services, visit our website.
http://alerstallings.com (614) 798-9800 Elder Law is extremely complex and involves both advanced tax and estate planning preparation coupled with many other…
Video Rating: 5 / 5
Find More Elder Law Articles
It is the duties of every individual to execute a will of all his or her effects, so that the inhabitants of the property after the holder’s demise (particularly the children) do not bicker over the issue. Some bring claims in court, only enhancing the tension between the families. It is therefore desirable that every person executes a living will, and declares all about their assets, and the way they should be handled. A person doing so in New Jersey must choose a responsible New Jersey will drafting lawyer who can draft the will and also suggest the legal boundaries in which it will be executed. In the event of the person executing the will falling sick, the will would have details regarding whatshould be provided for his medical expenses, which otherwise have a serious effect on the family, which has to bear the medical expenses in case he is not covered under any insurance and the illness requires prolonged treatment. The New Jersey wills lawyer chosen will then execute the will under the governing laws.The state of New Jersey maintains that the will must be witnessed by two other people who will confirm that the person executing the will is in sound condition and is not executing the will under any coercion. The will is then further attested to by any person who can administer oaths in New Jersey.
There are occasions when the will executed in New Jersey is to be contested. To contest a will one needs to consult a specialist in wills, and select one of the many suitable New Jersey will contest attorneys. The attorney will mull over all the details that are being reflected in the will, and contest his findings in a court of law. The New Jersey will contest attorneys will justify the client’s claim that he was not given his fair share in the estate of the deceased, and put forth all the facts before the court. The executor will approach a probate lawyer to contest the claim and a seasoned attorney must be able to justify the claims in the favor of his client.
In order to avoid the fallout of the relatives due to their claims, it becomes the duty of executor to seek the counsel of a probate lawyer to simplify the process of will execution and broker a solution that is amicable to all of those involved.
HnLawFirm are New Jersey based lawyers. Contact a New Jersey will drafting lawyer for all cases regarding the drafting of the will. In case the will is contested contact our New Jersey will contest attorneys .
Related Wills Articles
They are entitled o payment forthwith. They have an unassailable right to be paid out of the assets of the debtors. From the scenario, many of the original settlers in Texas were debtors fleeing from creditors in other states because Texas bankruptcy laws generously protect a debtor’s “homestead” from being seized by creditors. In order to discuss about these facts The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the changes in the bankruptcy code, debtors and creditors right has to consider here.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, provides few facilities that limiting state homestead exemptions to $ 125,000 in equity for homesteads owned for three years and four months that is less than 1,215 days. To do that they has to face two objective tests. A means test and median income test determine chapter 7 cases to protect fraud. By applying these tests court decides period of time to reduction of debts. If bankrupt income more then the test applies then he has to pay compensation for perpetrated fraud.
Debtors can protect their asset by investing them in a housestead. Debtors get opportunity to hide from creditors. However, may be congress considering policy grounds to introduce this law. May be the Texas homestead exemption Act tried to give protection for the wife and children. It is very common for a wife with young children to be faced with eviction in circumstance where the realization of her beneficial interest will not produce enough to buy a comparable home in the same neighborhood, or indeed elsewhere. And if she has to move elsewhere, there may be problems over schooling and so forth. Such circumstance engendering natural sympathy, may be they considering these issues before passing the law. Therefore, Texas homestead exemption Act, provides exemption taxes, several Code provide insurance facilities, current wages.
In addition, when a settler began bankrupt, family members may claim for beneficial interest in the homestead under a resulting or constructive trust. If wife has made a direct contribution to the purchase price, three possibilities exist. The money could have been intended as a gift, loan, and beneficial interest in the homestead to bankrupt. May be wife has indirect contributions to purchase of the homestead. For a constructive trust to arise three conditions must be satisfied. However, court follow the new rule but there has few loopholes.
The law of mortgages has particularly concerned itself with the need to protect the mortgagor from harsh and unconscionable transaction. Equity has always stressed the security aspect of the transaction and has developed rules to protect the mortgagor equity of redemption. May be court considering these issues that in equity mortgagor’s has right to redemption on date, if it not possible for him proper notice must serve.
Some of those around the table, advocate the Texas homestead exemption, and argue that provide a debtor to make a fresh start. To impose these Credit Counseling Agencies resolve the financial problem of debtors to avoid bankruptcy. Theoretically, it can be said that it is really a fresh start but practically here is a great chance to commit fraud to invest for homestead and file for bankrupt. Creditors may suffer several problems to bind by these acts. To avoid these kinds of problem it should need to be amended. In case of spouse, it should in exceptional cases.
Related Bankruptcy Articles
Contemplation of the division of your worldly goods and possessions after your death might not be the most exciting or inspiring thing you have ever turned your attention to. Even if you consider yourself to be the average man or woman on the street, rather than of mega rich status, you probably understand that it is important for you to make a will, rather than run the risk of dying intestate. All that is required is a simple and common sense approach to will writing. Think of it as a safety net you are providing to your closest family members and friends, should you die before they do.
It is not suggested that wills are fun, yet the key thing about wills is that they equate to ways. You might assume that the pecking order for the division of your estate is pretty much cut and dried without bothering to Make a will. Your assumption could be incorrect and result in much unnecessary expense, dispute and pain for those you leave behind if you fail to clearly outline your wishes.
Without doom mongering, you are probably not expecting to drop dead tomorrow, and heaven forbid that you might. Whenever your time on earth might be up, failure to make a will means that you relinquish your say about the allocation of your estate, and hand over the responsibility to the Courts. What you might take as read, the law that governs English and Welsh courts might strongly disagree with. The very quintessence of Wills is to ensure that the instructions of the deceased are clarified and adhered to.
For example, if you cohabit with a partner who is not your legal spouse or civil partner, neglecting to make a will seriously compromises their claims on your estate if you die before they do, regardless of the longevity of your relationship. It is far from unheard of for distant biological relatives to rank above long standing life partners in chains of entitlement when individuals have died without wills.
Undoubtedly the quickest and most cost effective way to undertake will writing is to Make a will online. You know you need to, both for your own peace of mind, and for the peace of mind of those you love. Make A Will Online offers premium online will writing services from £29.50 per will. Online will writing is efficient, fast and wills made via its site are equally as official as those made at a Solicitor’s office. Make the move to make a will. You never know when it might be too late.
Find More Wills Articles
Wills and probate is difficult and confusing area of law that most people do not really understand. It is important to remember that this very morbid topic of law is in place to allow individuals to create a Will that protects your property and family, it will ensure that all your estate goes to who you want it too in the event of your death.
Probate provides all the provisions that are needed for the administration of a Will. Wills and probate can be quite complex and difficult areas to deal with without the proper legal advice. This article aims to explore both Wills and probate in detail and explain the facts about where and how legal advice could be beneficial.
Legal advice tends to be required in the process of creating a Will as it can be quite a problematic process depending on your situation. You can create your Will on your own using a DIY Will kit and this will save you a lot of money. However, creating a Will on your own can be a difficult task and there are many things to consider and many areas to cover that can be very costly if missed. The disadvantages outweigh the advantages when it comes to making your own Will. You should always use a specialist probate solicitor who will be able to ensures that no area is missed, all relevant legal procedures are in correctly in place and the right kind of Will is used. Here are some of the different kinds of Wills you can create:
• Discretionary trust Wills
• Flexible interest trust Wills
• Living Will
• Lasting power of attorney
• Property trust Wills
• Single and Mirror Wills
There a two main reasons for creating a Will, the first is so you can decide who you want to receive what parts of your estate, and secondly who should be given responsibility of any children you may have that are under the age of 18 if both parents die. If a Will is not created the estate of an individual tends to be distributed as the law sees fit. They may not include those you would have wished to receive something from you after your death, which is why it is essential to ensure that all parts of your estate are covered in your Will. The best way to achieve this is to seek the legal advice of a solicitor, as they often think of areas that could be missed when making your own Will.
You should always seek advice from a solicitor for the administration of a Will. When a person dies their wishes in their Will need to be processed and administered. The majority of people mention someone close to them as the administrator of their Will, this person will need to hand out all relevant parts of the estate and sort out any outstanding debts. Administration of an estate can obviously be a very difficult task for those who are still in the mourning process. If the chosen administrator does not feel up to the task due to the emotional difficulties then the law will provide an alternative administrator who will carries out proceedings.
However not all estate administration is an easy process, it can sometimes become problematic if there are disputes over the estate administration and legal advice may be required to settle it. There are often frequent disputes about a variety of reasons, such as; who is entitled to what parts of the estate, who is entitled to inherit certain assets and whether the administration process has been carried out in the correct manner. When a claim is made against an estate, more often than not legal advice and solicitors will be needed to sort out the disputes legally and efficiently.
Wills and probate can be a bit of a gloomy subject, but they are an essential and important part of the law that must always need to be considered by any individual who wishes their assets and estate to be distributed between family, their children protected and their wishes administered. To ensure all this goes smoothly in the Wills and probate process, legal advice is highly advisable.
I am a legal writer who specialises in probate law, if you would like more information about Wills and probate and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.
When it comes to safety, the first thing strikes the mind is- is our house and people living in it our safe? Safety is not limited to living in a place safe from criminals but it is very important that our house is build safely. A very important thing that usually ends up with a very dreadful result is the usage of the good quality of cable wires. Yes, the electric wires that most of us use in our offices, homes and other places are very essential to be trustworthy. An industry offering such trust for the past 40 years is KEI industries.
KEI Industries Limited is one of the leading players in the wires and cables industry. It is a brand that has been known for years for its unique product range in India and also across the globe. As marked before, KEI industries limited manufactures products like high and low tension cables (EHV, HT & LT), control and instrumentation cables, house wires and stainless steel wires.
According to the sources KEI industries have collaborated with BRUGG cables. BRUGG cables are a very old Swiss company. According to the demand in the market, KEI industries have made a strong hold in manufacturing EHV cables up to 220kV.KEI industries also launched its new range of Flame retardant PVC insulated wires for domestic household applications -home cab. Many accidents usually take place because of heavy loads on wires.
These wires are especially designed for domestic house hold usage, Home cab is a multi-strand flexible house wires with fire resistant properties and are equipped with specially formulated insulation, with a high oxygen and temperature index that enables the cable to withstand overloads preventing electric mishaps.
Also KEI industry is a leading brand name in the Stainless Steel Wires segment and among the largest Stainless Steel Wires manufacturing companies in India. The industries manufactures stainless steel wires in various ranges for wide range of applications. There are just a few companies that manufacture specially designed wires and KEI is one of the few companies in country. It is perhaps one of the few companies in India to offer its customers a unique range of specialty SS Wires such as wide range with the best quality.
For more than 40 years KEI industries is working for its customers. It is serving over 40 countries in world. With a motto of giving safety to people, it also aims at building trust among its people. KEI offers a large variety of products like control cables, rubber cables, house wires, electrical cables, stainless steel wires, winding wires and many more of such types.KEI is a brand that ensures that it full fills the requirements of people associated with it. So here KEI proudly informs that they have been awarded the ‘Super brand’ status for the year 2010-2011 which has further strengthened their consumer’s trust.
This article on behalf of Wire & Cables Manufacturers. For more information on Thermocouple Cables, Zero Halogen Cables for visiting Control Cables you can visit at kei-ind.com
Related Trusts Articles
Individuals and businesses in the United States must follow bankruptcy procedures in order to avoid facing legal complaints. Although most states in the U.S have more or less similar procedures, there are actually variations. This is a reason why it is important to read Arizona Bankruptcy Newsletters in order to be properly informed. There are different issues discussed on their February edition which you need to read.
Before one doubts the variation of Arizona’s bankruptcy process, here are two examples:
• Submission of one’s petition in accordance with the federal bankruptcy law can only be filed in the local Arizona bankruptcy court.
• In order to qualify for bankruptcy, income data will be used. But data specific for Arizona will be the only thing one can use as a resident of this state.
As bankruptcy processes in Arizona can be different, here is a list of things you need to remember:
• Filing for a bankruptcy in Arizona requires the timeline and process to follow federal procedures.
• A petition can only be submitted once a credit counseling course is attended.
• After completing the petition, the appropriate filing fee must be paid. Then, everything will be ready to be submitted to the proper Arizona court.
• After a month, appearance before your bankruptcy trustee is required to review your petition. This is what they call as the “Section 341 Meeting”. This meeting can also be attended by creditors.
• A discharge of 60 days will then be granted if there are no objections present during the Section 341 meeting.
• People filing for a Chapter 13 bankruptcy case must not fail to forget that a payment plan must be submitted for court approval.
This the process one must face whenever the decision to file for an Arizona bankruptcy is present. In this case, it may be an important reminder for everyone to know that Arizona only has one bankruptcy district. But Phoenix, Prescott, and Yuma have separate courthouses. In order to know where to file your Arizona Bankruptcy, check the district’s bankruptcy website.
Steve Anderson is one of the lawyers of Pew Law Center. Arizona Bankruptcy Lawyer help people get the protection and debt relief they need under federal bankruptcy law.
It is advisable to let your executors know where they can find your Will in the event of your death so that they can carry out your last wishes. Once you have signed your Will, had it witnessed and dated, it is a valid Will and is legally binding. However, there is no law requiring that Wills must be registered before your death. It is entirely up to you to find somewhere safe to put your Will and then notify your executors of its whereabouts.
The main thing to remember about storing your Will is to keep it somewhere that is safe. If you have had your Will prepared by a solicitor, the original Will is usually to be kept in the solicitors store room, which is free of charge and you will be entitled to a copy if you want one. If your Will is kept in a bank deposit box, you will have to pay an annual fee but remember to notify your executor of the bank that you have chosen to hold your Will. Another place to keep your Will is in a safe at your home, but make sure that the whereabouts of the key or combination is known to someone else or your executors may have to employ someone to break into the safe before they can apply for probate.
The majority of people lodge their Wills for safekeeping with their banks but they will be charged for the service and it could take some time to obtain the release of the Will following the death of the testator. If it is decided to keep the Will at home, then wherever you keep your other important documents such as marriage and birth certificates, saving certificates, title deeds of the house etc. It is wise to put the Will in an envelope and seal it up writing your name on the outside and title it as your Will, also put the date. No other formalities are required but remember losing things in a home is easily done so make sure you remember exactly where it is.
I am a legal writer covering advice on topics of law, for further text and similar works visit Wills or contact a solicitor today.
For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.