Just as important as writing a will is choosing who the executor should be. The executor is an individual or institution put in charge of administering one’s estate and implementing the final wishes as set forth in the will. It is important to select a trustworthy and capable executor. Image source: thebalance.com Here are some tips on how to pick the right one:
Image source: legalbeagle.com Daniel E. DeKoter is a juris doctor who specializes in various areas of practice, including civil litigation, business and employment law, and estate planning and administration. For similar articles, subscribe to this blog.
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The divorce/dissolution petition is a legal document filed in court by a spouse seeking a divorce. This petition, also called a “complaint” in certain states, informs the court of the filing spouse’s desire to end the marriage and signifies the start of the divorce process. Once the petition has been served on the petitioner’s spouse, it serves as a notification that the divorce process has begun. Image source: Pixabay.com Here are the steps for filing this petition. Provide the needed information Specific requirements may vary from one U.S. state to another, but the divorce/dissolution petition usually contains the identification of the spouses (name and address), date and place of marriage, identification of children, acknowledgement that the couple or one of them has lived in the state or county for a specified period prior to filing the petition, the grounds for divorce, and declaration or request for settling finances and other matters. Ask temporary 'orders,' if any The petition may ask the court for certain “orders” on family and financial issues while the divorce process is ongoing, including who has primary custody of the children, child visitation schedule, payment of child or spousal support, and payment of bills and other financial issues. Comply with the state’s residency requirements State laws govern divorce, and the process is solely handled at the state government level. Therefore the petition should be filed in the spouse’s “superior” or “circuit” court, typically in a county or district branch of the state court. In California, for instance, one can only file for divorce in the state when either spouse has lived in the state for six months and in one of the state’s counties for the last three months. Make sure the petition is “served” to the other spouse After being filed in court, the petition will be legally delivered to the other spouse, with each state maintaining its own strict requirements for serving legal documents. Image source: Pixabay.com Attorney Daniel E. DeKoter specializes in civil litigation, business and employment law, and estate planning and administration. Follow this blog for similar reads.
Most Americans have insurance in some form. According to CDC, a little less than 70 percent of American adults have private health insurance coverage, with 20 percent of the same sample holding a public insurance policy. Aside from health insurance, people also purchase auto insurance, home insurance, life insurance, or other types of insurance. Image source: americanbar.org Being such a heavily regulated industry and with millions of people involved in it, lawyers need to gain a broad knowledge and experience to practice insurance law. No two insurance lawsuits exhibit the same fact pattern, so insurance defense requires creativity and comprehensive fact-finding. Insurance companies often need legal expertise in investigating or verifying claims. Attorneys make sure that the claim being made is actually covered in the policy. They give legal advice about insurance fraud and false claims and settling coverage disputes.But Insurance defense attorneys are needed most when there is litigation involved. Image source: local-insurance.ca Daniel E. DeKoter is a lawyer and partner at DeKoter, Thole & Dawson, PLC, whose one of many practice areas is insurance defense. The firm has represented insurance companies in negligence cases and defended product liability cases. For more discussion on law, follow this Twitter page.
Wrongful termination occurs when an employee is laid off from his or her job for illegal reasons, or if company policy was violated when the employee was terminated. There are many reasons this form of termination is wrong, from discrimination and constructive discharge to violation of a public policy, breach of contract, and an employer deliberately making the job unbearable for the employee.
Other examples of wrongful termination protected by law are whistleblowing and when an employee is being forced to commit an illegal act. Discrimination, in particular, involves unfair treatment and eventual work termination as a function of race, nationality, religion, gender, or age.
Image source: wrongfulterminationsettlements.com
If an employee thinks that he or she has been wrongfully terminated, the first course of action is to apprise himself or herself fully of his or her rights by consulting an employment lawyer. The employee should then have a list of possible and practical legal remedies, including checking with the company’s Human Resources department.
If the company HR is of no help, check with the US Department of Labor, through the assistance of your lawyer, for legal stipulations on employment and filing a claim for wrongful termination. Your attorney might also direct you to your state’s labor department.
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Daniel E. DeKoter is a lawyer specializing in civil litigation, business and employment law, and estate planning. He grew up in Maurice and Orange City and currently lives in rural Dickinson County, IA. For more on his firm’s work and services, visit this blog.
There are more compelling reasons than ever to undertake estate planning, or a range of preparation tasks to manage one’s asset base in the event of incapacitation or death. These reasons go beyond the mere purpose of bequeathing assets to heirs and settling estate taxes. Here are some benefits of estate planning with the help of a highly qualified and experienced attorney: Image source: Pixabay.com No one wants to leave mess for one’s family Even if one thinks he won’t have much to pass on, effective estate planning is more preferable than creating trouble for loved ones in the event of death. Without a plan, heirs will be forced to divide the estate among themselves, and the estate could even go to probate, where the court will decide and take fees along the way. Estate planning prevents such a situation and saves money along the way. One has actual assets Assets include bank accounts, investments, and any form of property. Again, these will be vulnerable to the emotional difficulty of having to decide who gets these assets. The taxes on these assets, moreover, will also matter. The process is a fluid one Time and life changes, along with changes in state and federal laws, will influence the direction of estate planning and the best strategy to go about it. Still, these don’t change the importance of sound preparation, no matter the size of one’s assets. The need may not be immediate, but is ever present While one has his entire life to get the plan right, no one knows if time is running out. It’s crucial to make wealth transfer an efficient, well-organized process. It’s your hard-earned money Finally, estate planning is one way to value one’s hard-earned money and resources. Image source: Pixabay.com Daniel E. DeKoter is a civil litigation, business and employment, and estate attorney based in Sibley, IA. Learn more about his practice areas on this page.
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