Posted on Fri, Sep 03, 2010
We've discussed the plus points of selling real estate with a real estate lawyer, but buying real estate can be equally or even more complex. Here are some ways that hiring a real estate lawyer can help smooth your process for confident buying.
Purchase Contract
A real estate lawyer will help negotiate your purchase contract- the document binding the buyer and the seller to a real estate purchase deal. This is a legally binding document, and a real estate lawyer will help negotiate and explain the terms, as well as let you know when the title to the property will be yours.
Legalities
The real estate lawyer for the buyer will prepare and register the legal documents required in the sale. He or she will also be able to negotiate mortgage terms with the bank on your behalf, and attempt to alter the terms as needed in your case. Insurance protection is also valuable in a real estate deal. If the title has defects and snags, you could wind up paying for losses on the property that you shouldn't be- the lawyer will make sure this doesn't happen. You should receive registered ownership and be responsible only for the property liabilities that you are aware of and have accepted.
Hiring a real estate lawyer for a buyer is an issue of confidence. With the title, purchase document, mortgage deal, liabilities, liens, and other legalities and documents, it's easy to feel overwhelmed. The lawyer will cover your bases for you and explain it so that you can be confident going into the closing- which the lawyer will attend when you sign.
www.dialalawyer.com has a long list of qualified real estate attorneys to refer. If you're buying real estate in Massachusetts, consider hiring a real estate lawyer to help you close your deal.
Posted on Thu, Sep 02, 2010
Asbestos was used widely in twentieth century construction and is the only known direct cause of malignant mesothelioma. Factors like smoking may or may not increase risk, but aren't a definite cause. The highest risk of asbestos contact today is in construction and industrial workers that work in buildings that may have been built with the use of asbestos. Exposure includes inhalation of ingestion of asbestos fibers than can affect internal organs and lead to forms of mesothelioma cancer.
Personal Injury-Mesothelioma Case
Being exposed to asbestos in the workplace is much like being injured in the workplace. If you've inhaled of ingested asbestos fibers and are suffering from mesothelioma, there's a good chance you have a strong case for an asbestos lawsuit.
Filing An Asbestos Lawsuit
Many companies have faced heat for not disclosing information about buildings that contain asbestos to their employees. Almost any mesothelioma case could be preventable. To not be prepared to prevent contact to asbestos is negligent and is likely cause for an asbestos lawsuit. It's smart to take your mesothelioma case to an asbestos lawyer. The lawyer will help manufacture your case by aiding in obtaining medical records and tests, and helping to determine when and where you may have been exposed to asbestos. Often when construction workers are working in teams, multiple employees are exposes to asbestos. An asbestos lawyer will help determine if a joint lawsuit will be beneficial.
If you've been diagnosed with mesothelioma, contact an an asbestos lawyer to discuss your case and seek compensation.
Posted on Wed, Sep 01, 2010
Last week's immigration blog discussed how to apply for U.S. citizenship by way of naturalization. It was mentioned that to receive U.S. citizenship through naturalization, one would have to pass the naturalization test. If you plan on taking the U.S. naturalization test, it's a big help to be prepared and know what tests to expect.
Language
The goal of the naturalization test's language portion is to ensure that the applicant is capable of social and economical communication in the U.S. The applicant may be asked to read sections of English, sometimes from their N-400 application form. Reading one out of three sentences correctly allows for a passing score on this portion. The applicant will also be asked to correctly write one out of three English sentences. It's not required that an applicant be fluent in English. A basic understanding and foundation of the language able to suffice.
Civics
The civics portion of the naturalization test determines whether the applicant has a basic understanding of U.S. history and government. The applicant must correctly answer six out of ten questions to receive a passing grade on the civics test. The test may include questions about congress, presidential induction, the constitution, etc.
If an applicant fails the naturalization test, they can take the failed portion after a sixty to ninety day waiting period. Applicants are allowed only two chances to take the test.
If an applicant is working on obtaining their U.S. citizenship with the aid of an immigration lawyer, the lawyer can be very helpful in preparation for the naturalization test. They may go over what to expect, offer sample tests and give advice.
Posted on Tue, Aug 31, 2010
Sustaining an injury that qualifies you for social security disability benefits means you're physically or mentally impaired. While this is of course a setback for the recipient of injury, it can also take a toll on families. If you're able to receive Social Security disability benefits, your family may be eligible for a percentage of the compensation wages as well.
Who's eligible?
Family benefits may cover your spouse, divorced spouse, children, and disabled children. The total compensation for family members varies from case to case, as it depends on your injury, and the wages you are receiving. Typically, family can receive between fifty and eighty percent of the amount you receive.
Spouse
If your husband or wife is age 62 or older, they are eligible for receipt of a percentage of Social Security disability benefits- unless he or she is earning more from their own retirement / benefit plan. Another form of eligibility is if your spouse of any age is caring for your child aged sixteen years or younger. Receipt of benefits in a case like this would continue until the child turns sixteen. Ex spouses are eligible of you were married for ten years or more, he or she is currently unmarried, and they are not receiving higher disability or retirement payments.
Children
Your children are also potentially eligible. If your child is unmarried and eighteen years or younger, they are eligible. Additionally, if they are eighteen or nineteen, and a full time student, they can receive Social Security disability benefits through high school, and in some cases, through two months after graduation. If they are over eighteen and have a disability that began before they turned twenty-two, they are also eligible for a percentage of your compensation.
There are many complexities in an individual social security disability case, and only more in a family case. A social security disability lawyer can help with the paper work, filing of petition, case, documentation, doctor referrals and more. Statistically, it's more likely that your case go in your favor with the representation of an experienced social security disability lawyer.
Posted on Mon, Aug 30, 2010
When a small business files for bankruptcy, it is by bankruptcy law that the debtor receive a period of automatic stay. This period of automatic stay goes into effect as soon as the bankruptcy petition is filed.
How does automatic stay help the debtor?
As soon as the debtor files for bankruptcy and the automatic stay is set into action, the debtor is given relief. An automatic stay prevents action from creditors. The automatic stay can stop creditors filing new lawsuits or furthering pressing an ongoing lawsuit, attempting to obtain the debtor's properties, and sending letters or make phone calls to attempt debt collection. In a nutshell, automatic stay will keep creditors at bay.
Relief to the creditor
There has been concern that debtors may take advantage of the power of an automatic stay and exploit the creditor; give them the runaround. To prevent this, congress has in some cases given the creditor relief in the form of periodic cash payments. This occurs when the creditor has a solid case that the automatic stay for the debtor isn't protecting their interests (debt and property) as the creditor.
Real Estate Cases
An occasion where automatic stay can't keep a creditor at bay is when a landlord received judgment of possession before the debtor files for bankruptcy. In this case, after the debtor files the petition, the landlord (creditor) may continue their proceedings.
Automatic stay is solid relief for people and businesses in debt, but is not without it's fine print. Consulting the terms of an automatic stay with one's bankruptcy lawyer is the safest way to know where one stands while trying to get out of debt.
Posted on Fri, Aug 27, 2010
Selling real estate is not only a major decision emotionally, but legally as well. Closing a real estate sale is likely to be a lengthy and detailed process. It's entirely to your advantage to hire a real estate lawyer to help with that process.
Brokers
Brokers can be, and generally are very helpful in selling real estate. They can offer advice on sale prices, compare your property to similar properties, coordinate showings of the property, and middleman negotiation with potential buyers. They don't however know the legal ins and outs of a real estate deal. This is why it's smart to hire a real estate lawyer.
How Can A Real Estate Lawyer Help The Selling Process?
By Massachusetts real estate law, sellers are obligated to disclose select information to potential buyers. It helps to know what your rights are as a seller, and when you must disclose this information about your home. A real estate lawyer will help you determine what this information is, and when to release it. An experienced real estate lawyer will also review all offers in greater detail than a broker may be able to, deal with negotiation changes in the buyer / seller agreement, handle property issues that may arise in the home inspection, and attend the closing of the property. It's best to have a real estate lawyer read over any documents you may need to sign before you sign them. Hiring a real estate lawyer to help with your sale is paying for piece of mind that your selling will go smoothly with the outcome you hope for.
Posted on Thu, Aug 26, 2010
Massachusetts is home to some of the finest hospitals in the country; even the world. It should be safe to assume that you can rely on quality treatment from the doctors, nurses and other medical professionals that treat you, but this isn't always a guarantee. Medical professionals are human too, and can make mistakes. These mistakes may give you a medical malpractice case.
When Is It Medical Malpractice?
Medical malpractice cases occur when the medical professional treating a patient fails to properly carry out treatment. These situations may include mistreatment, misdiagnosis, delayed diagnosis, medical errors, surgical errors, or negligence. Being damaged by medical malpractice is a form of sustaining a personal injury. It's smart to have personal injury protection insurance, in the event you do sustain personal injury.
Filing For A Medical Malpractice Case
Filing for a medical malpractice case offers the potential for further coverage and compensation for botched medical work. To make the best case, before even visiting a lawyer, compile your medical reports, bills, and costs of treatment. Research your condition, and create a timeline of your medical malpractice case. Once you have a good angle on your case, present it to a qualified medical malpractice attorney. If the attorney thinks you have a strong case, it's likely that he/she will receive payment on a contingency fee basis- no payment required unless you win the case. If your attorney is willing to offer this deal, it's very likely that your medical malpractice case is strong.
If you feel you've been the victim of medical malpractice, start your timeline and research. You can visit www.dialalawyer.com for a list of qualified and experienced Massachusetts area malpractice attorneys.
Posted on Wed, Aug 25, 2010
After going over some basics on Visas (the most basic level of entry), and green cards (the next step up), that leaves the highest form of immigration: obtaining US citizenship.
There are two primary methods to obtaining U.S. citizenship; citizenship through naturalization, and citizenship through parents.
In this post, we'll discuss US naturalization. Naturalization suggests than an immigrant has become integrated in the United States culture and lifestyle, in addition to meeting some basic requirements.
Qualifying
There are a number of scenarios that may grant immigrants eligibility for U.S. citizenship. Most often, an applicant must hold permanent resident status (green card.) For eligibility, one must be eighteen years or older and have been a permanent resident for five years prior to applying for citizenship. One also must have spent at least thirty months in the U.S. within that five year period.
It's also required that an applicant be familiar with the culture, by reading writing and speaking English, as well as having familiarity with U.S. history and government. Of course the U.S. doesn't want to increase its crime. Applicants must be in good moral and legal standing.
Applying
To apply for U.S. citizenship, one must complete an N-400 form (application for citizenship.) It will help to consult an immigration lawyer to discuss immigration law, where you situation fits into the requirements, and how to study and prepare for the U.S. citizenship by US naturalization test. Also, if you are a member of the military and are applying for citizenship, you must obtain an M-599 application.
Posted on Tue, Aug 24, 2010
Unfortunately, not all children are able to live, play and grow without restraint. In some cases, there is social security disability for children.
Is Your Child Eligible?
The Social Security Administration determines wether a child is disable to the extent of compensation. Their decisions are based on the type of disability, as well as its severity. To qualify for social security disability, a child must have a physical or mental condition that puts severe constraint on their level of activity. The duration of this disability is a factor as well. The condition needs to have lasted at least one year. If it hasn't been a year, it must be expected to last at least one year, or be expected to result in the untimely death of the child.
In qualifying for social security disability for children, the Social Security Administration also factors in household income and family resources. If you think your child may be suffering from a qualifying disability, it's best to have him or her tested by a doctor to determine the cause, result, severity, and potential outcome. This information should be brought to a Social Security disability lawyer to help form your child's case. It's good to act quickly. Response from the Social Security administration for a child's social security disability benefits can take 3-5 months.
Posted on Mon, Aug 23, 2010
We've gone over the key ideas of chapter 7 and chapter 13 bankruptcy. The other generally common chapter of bankruptcy law is Chapter 11 bankruptcy.
Chapter 11 bankruptcy is most commonly petitioned for by businesses heavily in debt. Whereas a business that is filing for chapter 7 bankruptcy must halt its progress to clear debt, chapter 11 bankruptcy allows a business to work the debt off, so to speak. When filing for chapter 7 bankruptcy, the business typically stops its work, then sells its assets to earn proceedings which then go right to the creditor they're in debt to.
Restructuring
With Chapter 11 Bankruptcy, a business (or its creditors) file a petition with the federal bankruptcy court, and then the business in debt continues to operate under what's called a Debtor In Possession. Most Chapter 11 cases span over a duration of 120 days (extended spans can be agreed upon with creditors, but must be approved by the federal bankruptcy court), during which time the debtor will restructure its business. This can be done by receiving new loans from lenders that will basically have first dibs on new earnings the debtor makes. At the courts discretion, a debtor in possession may also cancel and turn down contracts, as well as be protected for additional charges.
Benefits
It's always safest to work out a bankruptcy petition with the help of a bankruptcy lawyer, but the general intended upside of a Chapter 11 bankruptcy case is not having to completely liquidate your business. The bankruptcy federal court and creditors may recognize that despite hitting rough spots, your business still has potential for value and profit. With good legal advice, solid planning, and strong execution, filing for Chapter 11 bankruptcy can help save a distressed business.