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Estate Planning For Pets
2008-06-20 08:00:20
The "Property & Probate" online magazine of the American Bar Association published an article by attorney Stephanie B. Casteel of Atlanta, Georgia, entitled "Estate Planning for Pets". Estate planning topics include: Traditional Estate Planning Options Outright Gifts Traditional Trusts Fiduciaries Terms Distributions Funding


Ramblings from a Simple Biker Lawyer on my 45th Birthday.
2008-06-20 07:33:09
Well here I sit, June 20, 2008. I was born on June 20, 1963; today is my birthday, I am now 45 years old. Yippee fucken dodadeee. (Actually 44 years, 11 months, 30 days, 7 hours, and 15 minutes old at the time of the writing of this article, but who is...
Read more: Simple , Biker , Lawyer , Birthday

Florida Jury Awards Port Charles Parents $364,000 for Medical Malpractice Case that Led to Baby’s Pre-Birth Injury Defects
2008-06-18 16:20:14
In Florida , a jury has ordered Bon Secours-St. Joseph Health Care Inc. hospital to pay Lisa and Joseph Ferrentino, a Port Charles couple $364,928 for failing to detect pre-birth injury defects that caused their baby’s death. Joseph Ferrentino Jr. died on February 20, 2001, three days after he was placed on a respirator. He was suffering from a Trisomy 13, syndrome that leads to chromosome numbe
Read more: Awards , Parents , Injury

Avoid Probate In California
2008-06-18 07:59:28
California probate law says that if the person who died left property worth $100,000 or less, then the proper person may claim the property without using the probate court in Los Angeles County, Ventura County, Santa Barbara County, Orange County or any other county throughtout California. Here is what the California Probate Code provides to avoid probate: If the gross value of the decedent's
Read more: Avoid , California

California Probate Costs And Fees
2008-06-16 08:00:46
Of the many probates I work on as a probate lawyer in Los Angeles County, Ventura County, Santa Barbara County and Orange County, California , I often am asked before starting work what can my client look forward to spend for the entire matter. California probate costs are fairly standard since the procedures are uniform throughout the State. Other articles on this subject include: "California
Read more: Costs

Innocent Spouse Relief Granted by Tax Court
2008-06-13 17:31:40
The United States Tax Court (Tax Court) granted innocent spouse relief to Chrystina Nihser, overturning a decision by the Internal Revenue Service (IRS) . Nihser v. Commissioner, T.C. Memo 2008-135. Ms. Nihser had applied for innocent spouse relief under Internal Revenue Code § 6015(f), so called “equitable relief.” This is, in my view, the most difficult type of innocent spouse relief to obt
Read more: Innocent , Spouse

California Lawyers Are Not All Alike
2008-06-13 08:37:03
I read an ad and it went something like this: "There's really no difference between law firms." Many people believe that Los Angeles law firms are pretty much the same. I don't. I believe that what separates me from the pack is not what I do, but how I do it - aggressive not conservative, team player and not a one-man-band, problem solver not just a legal practitioner. My clients clearly unde
Read more: California , Lawyers , Alike

Is There a Rivalry between Cruiser Motorcycle Riders and Sport Motorcycle Riders?
2008-06-11 20:31:19
I have been getting many emails and comments on the Biker Law Blog, from all types of motorcycle riders in response to my articles. What is truly disturbing to me is that a couple of self described sport bike motorcycle riders have commented on articl...
Read more: Rivalry , Motorcycle , Riders

Identity Theft, Phishing And Your Tax Information
2008-06-11 08:21:00
Consumers have been warned in the past on the fraudulent use of the IRS name or logo by scammers trying to gain access to consumers’ financial information in order to steal their identity and assets. The Internal Revenue Service has issued several recent warnings with a lot of detail on how to prevent being scammed. When identity theft takes place over the internet, it is called phishing. Phis


One Person Dies in Florida Multi-Vehicle Crash on I-95 Close to Boynton Beach Blvd.
2008-06-10 19:27:39
In Boynton Beach , Florida , one person died on Tuesday night in a four-auto collision on I-95. Two SUVs and two sedans were involved in the crash. Emergency workers arrived at the accident scene and discovered one person with fatal injuries trapped in one of the motor vehicles. The rest of the motorists appeared to be uninjured. If you were seriously injured or if someone you love has died in a
Read more: Multi , Vehicle , Close

NHTSA Says Number of Traffic Deaths Declined in 2007
2008-08-19 14:21:15
US Transportation Secretary Mary E. Peters says that there were 41,059 motor vehicle-related deaths in 2007—the lowest number of traffic fatalities/per year since 1992—and that 2.49 million people sustained injuries in highway accidents. The number of motor vehicle-related deaths in 2006 was 42,708 with 2.58 million reported injuries. Peters attributed the decline in overall deaths to safer v
Read more: NHTSA , Number

California Inheritance Rules For Out Of Wedlock Births
2008-08-19 07:43:02
For the purpose of determining inheritance when there is no Will or other instrument disposing of property (called “intestate succession”) by, through, or from a person, California Probate Code Section 6450 provides that a relationship of parent and child exists in the following circumstances: (a) The relationship of parent and child exists between a person and the person's natural parents, r
Read more: Inheritance , Rules

Does Being Overweight Affect Your Rights in a Motorcycle Accident Case?
2008-08-16 01:40:45
First off, if you are overweight and a biker, I hope you do not take this article the wrong way. This article will discuss two things: (1) does being overweight affect your rights in a motorcycle accident case; and (2) does being overweight affect you...
Read more: Overweight , Affect , Rights , Motorcycle

Innocent Spouse: What Are The Tests?
2008-08-15 07:36:36
The IRS issued a revenue procedure which lists the various factors necessary to satisfy to obtain equitable relief as an innocent spouse. If you have a tax problem, and believe that you maybe qualify for innocent spouse relief contact the Mitchell A. Port at (310) 559-5259.
Read more: Innocent , Spouse

City of Fort Lauderdale Considers Catching Red-Light Runners on Camera
2008-08-13 21:34:18
In Broward County, Florida, the city of Fort Lauderdale is considering installing red-light cameras on its busiest roads. The devices would be used to catch anyone running a red light, and a fine would be imposed on the car’s owner. Some 28 auto crashes occur on Ft. Lauderdale roads daily, totaling to about 10,000 motor vehicle collisions a year. Motorists that failed to stop at red lights caus
Read more: Runners , Camera , Fort Lauderdale

Charitable Gift Annuity
2008-08-13 07:31:26
California tax lawyers and many of their clients are familiar with the advantages of accelerating charitable bequests into charitable remainder trusts: income for life for beneficiaries of the client’s choosing, capital gains tax savings, generous income tax charitable deductions and eventual support for important charitable causes. CRTs typically involve six-figure funding amounts, however, an
Read more: Annuity

Free Tax And Estate Planning Information
2008-08-11 07:01:44
The American Institute for Cancer Research has developed programs to assist California's tax lawyers and financial planners in providing their clients with accurate and current information related to charitable gifts. The Institute appreciates the role that California tax attorneys and financial planning professionals play in the consideration of charitable gifts by AICR supporters. In the AICR's
Read more: Estate

California Law On Your Rights To Get A Copy Of A Living Trust
2008-08-07 07:17:00
When you have a California living trust, generally the trust is revocable while you are alive. That means no one has the right to ask to see it and it's contents remain private. However, when either you or your spouse dies, a part or all of your California living trust becomes irrevocable. Once your trust becomes irrevocable, it's contents are no longer private and any beneficiary can request a
Read more: Rights , Living

Should You Stop Riding Motorcycles When You Reach A Certain Age?
2008-08-07 06:17:11
Well everyone who knows me personally, or reads the Biker Law Blog, knows or should know that I sometimes embrace controversial topics. I am sure this article will be one of them. So now I will pose the question; should you stop riding your motorcycle...
Read more: Riding , Motorcycles , Reach

University of Central Florida Football Player Ereck Plancher’s Family Plans to File Wrongful Death Lawsuit Against School
2008-08-06 16:33:51
The family of Ereck Plancher, the 19-year-old University of Central Florida football player who died after a practice session, says they intend to sue the school for wrongful death. Plancher collapsed during a conditioning workout last March. The family’s Florida wrongful death law firm submitted a notification of intent that a lawsuit would be filed. The complaint accuses UCF of negligence an
Read more: Football , Family , Lawsuit , School

Complaints Against California Tax Attorneys
2008-09-10 08:03:52
Complaints Against Enrolled Professionals California 's taxpayers who have a complaint against their attorney, accountant, enrolled agent or other practitioners who are specifically permitted to practice before the IRS can submit their complaints in writing in a letter format. The letter should include the tax practitioner's name, address, telephone number, designation (i.e., attorney, certified p
Read more: Attorneys

When a Dangerous Condition on Public Roads Causes a Motorcycle Accident; What Do You Do?
2008-09-10 06:25:15
I have handled many motorcycle accidents that were caused solely by dangerous conditions on public roads and highways. Many bikers and motorcyclists don't realize it, but when a dangerous condition on a public road causes a motorcycle accident, in many...
Read more: Condition , Public , Roads , Motorcycle

Small Business And Self-Employed One-Stop Resource
2008-09-08 07:50:17
California small business owners now have access to reliable and authoritative information provided by the IRS by simply clicking here. Select business topics using the IRS' A-Z listing, or by business type such as sole proprietor, corporation, etc. The IRS also provides links to major business subjects, such as Business Expenses, which provides a gateway to all related information on that subj
Read more: Small , Employed , Resource , Small Business

Choosing A Business Structure
2008-09-04 07:32:35
The answer to the question “What structure makes the most sense?” depends on the individual circumstances of each California business owner. The IRS provides a handy fact sheet giving business men and women in Los Angeles County, Orange County, Ventura County and Santa Barbara County a quick look at the differences between the most common forms of business entities. The most common forms of
Read more: Business , Structure

Willful Failure To Pay Over Employee Payroll Taxes
2008-09-01 07:36:57
A conviction for willful failure to pay over employee payroll taxes is affirmed where “willfulness” does not require the government to prove that a defendant had the ability to meet his tax obligations. In a decision made on August 22, 2008 by the federal court of appeals covering California (the U.S. 9th Circuit Court of Appeals), the court stated: This case illustrates the enduring truth o
Read more: Employee , Payroll , Taxes

A Motorcycle Ride With a Friend to Solvang California
2008-08-29 03:40:54
A couple weeks ago my old lady, and a friend and I rode our motorcycles to Solvang California . I thought I would write an article about the ride to Solvang. As usual, I found myself on a Friday night contemplating where I could ride over the weekend. ...
Read more: Motorcycle

Tax Relief For Mortgage Debt Forgiven
2008-08-28 07:51:49
There is now tax relief for homeowners. In a news brief issued by the IRS for the benefit of those with troubled loans, the government now says that if your mortgage debt is partly or entirely forgiven during 2007, 2008 or 2009 you may be able to claim special tax relief by filling out Form 982 and attaching it to your federal income tax return for that year. Usually, forgiveness of debt results
Read more: Mortgage , Forgiven

Maybe Someday We Will Wear Our Motorcycles!
2008-08-25 19:05:10
My friend Ed from Blawg Review recently sent me an article about a wearable motorcycle. You can see a picture of the design on the upper left. When I read the article, I thought to myself, wow, this would be a cool thing to ride. The design of the w...
Read more: Maybe , Someday , Motorcycles

Where Should I Keep My California Estate Plan?
2008-08-25 07:32:24
Your California estate planning documents (the living trust, will, durable power of attorney for property management and advance health care directive) are usually on paper and you want to be sure that they stay safe and can be easily found when your family needs to find them. So, where should you store them? There are people who store them in very odd places like their freezers. It’s a better
Read more: Estate

Disqualified Employment Tax Levy
2008-08-22 13:07:49
One of the important protections from the Internal Revenue Service ("IRS") is a taxpayer’s right to obtain a hearing with the IRS Appeals Division before an IRS collection officer can issue a tax levy. This hearing is known as collection due process, or CDP hearing. CDP hearings are permitted by virtue of Internal Revenue Code Section (IRC) Section 6330. Congress thought that some taxpayers wer


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