Did You Skip A Prenuptial Agreement? 3 Reasons You May Need A Postnuptial Agreement

If there was no prenuptial agreement created when you first married your spouse, but you are now regretting that decision, you can have a postnuptial document drawn up by a lawyer. You don’t have to regret not having a prenuptial agreement later on, and you can protect everything that you are worried about. If you had no reason to need a prenuptial agreement when you first said your vows, because you didn’t have any money, you still have every right to want to protect the money that you have now or may have in the future. Here are just three reasons why you may want to sit down with a lawyer. You Have Money Coming If you have recently found out that you have a trust, someone died in your family and you are going to be receiving a large inheritance, or you are going to be getting a lump sum of money from something else, you may want to protect it. You can have a postnuptial agreement constructed to protect the funds that you have coming, in the event that you get divorced.   Your Income Increased If you have started earning much more money than you did when you first got married, you may be nervous about losing it all. The postnuptial agreement can protect what you make from here on out, and can protect your 401k, pension and more. You want to make sure that you don’t lose half of the money that you have worked for, or possibly more. You Joined or Started a Business A postnuptial agreement for anyone entering into a partnership, investing in a business or starting a company from the ground up is best. This means that your spouse can decide to walk away from you down the road and take half of your shares in the company, or force you to split the business with them. You will have to make sure that your spouse is willing to sign this postnuptial agreement willingly, or else the document won’t be valid. They could say that they felt forced to sign the document, and then it won’t hold up in court. Talk with your spouse about your decision to have the documented created, and have your lawyer like Theresa L Wilson Barrister & Solicitor send it to your spouse or their lawyer to go over. Once you both sign the document and agree to the terms, you can quit worrying about your...

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Understanding “At Will” Employment And Wrongful Termination

In most states, employers have the right to terminate an employee for any or no reason. This is what is meant by “at will” employment. This can make it hard to fight a wrongful termination, even with the help of a lawyer. However, things may have been said to you, or there may be company literature that gives you job security and means you are not an “at will” employee. If you feel you have been wrongfully terminated, a wrongful dismissal lawyer can help you determine what you can or cannot do to get your job back. Spoken Promises If you were told that the company only fires people for illegal activity or other specific work violations, you are not an “at will” employee. It might be hard to have proof of what you were told when you were hired. You may need to have other employees testify that they were also told the same thing. It is important to take notes during your interview and any training you receive about the job or the company. Write down anything that is said about being terminated. The more reasons they give for firing, the less chance they can come back and claim you were an “at will” employee. Written Documentation Your employee handbook should have a section about being let go. It will also have information job requirements and probationary periods. If the manual states that you can be fired during the probationary period for any reason, it can be assumed that after that period you are no longer “at will.” If you sign a contract, non-disclosure agreement, or any paper stating the job, the pay, and what can get you fired, you are not “at will.” You can only be terminated for items on the list. The employer may need to have documentation stating what was done and when to validate your dismissal. Training Aids Quite often, training is done with videos. If this is the case, you may not have a copy of the information on reasons for termination. However, if you took good notes, you can have the training videos used as evidence. A lawyer can have them subpoenaed for the judge to see. If any of the documentation states that you are an “at will” employee, or that you have no right to employment, it is going to be difficult to prove wrongful termination. There are federal laws in place employers must follow. They cannot discriminate against you in any fashion, and may not fire you for pursuing a harassment or worker’s compensation case. If you feel you have been wrongfully terminated, the best thing to do is speak with a lawyer experienced with this type of law. He or she can tell you if you have a case or if there is no hope. Do not just assume the employer has the right to fire you without checking into the situation. Some firms, such as Scher Law, specialize in this type of case, so be sure to work with a firm like this. They’ll have the necessary expertise to help...

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A Look At The Emancipation Process For Teens

Some living situations are such that a teen may decide emancipation from their family is the only option. Emancipation gives a teenager the legal right to be independent and live apart from their parents or guardians. The rules governing emancipation vary from province to province, but all follow a similar pattern. Restrictions On Who Can Be Emancipated There are specific rules in Canada on who can be emancipated. Normally, those who file for emancipation in Canada are at least 16 years old; however, there is no specific age limit. If you wish to become emancipated, you have the choice of filing a declaration with the Public Curator or by asking the court. The conditions for filing for emancipation often include being married, or already living on your own and being able to prove you are capable of managing your affairs adequately. The court may also decide that emancipation is in your best interests after reviewing the facts in the case, such as the death of both parents or if you are expecting a baby. Emancipation Process The process begins with careful consideration regarding the reason for the request and the plans you have for supporting yourself. If there is no other way to handle the situation, then a decision to seek emancipation is made. You should consult with one or more lawyers who practice family law, such as McDonald Law Office. They can explain the process and help evaluate if the emancipation is the best legal avenue available to you. After the initial consultation, the lawyer may file a petition for emancipation and begin the process of representing you in court. A court date will be set and you will appear with your lawyer before the judge. It is up to the judge whether or not emancipation will be granted. The process can sometimes involve multiple court appearances until the judge has enough information to make a ruling. After the Emancipation Once the emancipation is granted, you is no longer required to live with your parents or follow their directions on any matter. You are free to get married, sign contracts, buy or sell property and conduct all the same business as any other adult. With this freedom comes the responsibility to pay for your own expenses. Your parents will no longer have any legal responsibility to pay for anything you do or any liability you create. Emancipation is not right for every situation involving a dispute between teenagers and their parents. This step should only be taken in dire cases when no other resolution between the family members can be reached. Often the process causes hard feelings that can last a lifetime and cannot be...

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Selling Your Home: 3 Reasons You Should Hire A Real Estate Lawyer

If you plan on putting your home up for sale, now is the time to consider hiring a real estate lawyer. While many people often assume that the use of a real estate agent can replace the services of a qualified lawyer when selling their home, the fact is that there are many benefits that only a licensed lawyer will be able to provide. To help you better understand why these legal services are so important, take a moment to review just three of the many reasons why you should hire a real estate lawyer to help you through the home selling process. Ensure You Are Getting The Best Deal For Your Home As with many things in life, purchase offers on your home may often be misleading. For instance, while one prospective buyer may seem to be offering more money, the contract terms that they are requesting may actually end with you walking away with less money than if you accept a smaller offer from a different buyer. To ensure you are truly getting the best deal for your home, it is important that all purchase offers are reviewed by a qualified real estate attorney. Protect Your Best Interest Prior To Closing There are a variety of problems that could arise and ultimately result in your real estate deal falling apart. If you have not taken the proper steps to protect your best interest prior to closing, you could find yourself suffering a rather significant financial loss as the result of a failed real estate transaction. For instance, if the purchase contract in your case does not clearly outline who will be responsible for paying inspection costs in the event of a failed transaction, you could find yourself paying for multiple inspections if the potential buyer decides to back out at the last minute. When you hire a real estate lawyer to handle your transaction, you can be sure that the language in all contracts is designed to protect your best interest. Your lawyer will also be able to handle issues such as the disbursement of any deposit that the buyer was required to make. Protect Yourself After Closing While every effort is made to identify problems with the property prior to finalizing the sale, there is always a possibility that issues may be overlooked. To ensure you are not held legally liable for any issues or misrepresentation after the sale of your home has been finalized, you will need to include a liability clause in the purchase contract that releases you from any and all future liability. Having all closing documents drafted by a qualified real estate lawyer will ensure that the appropriate clauses and legal terminology is used to prevent the documents from being challenged in the future. Conclusion While you certainly have the right to represent yourself in a real estate transaction if you so choose, choosing to exercise this right can prove costly in the long run due to a variety of common mistakes. In nearly all cases, the decision to hire a real estate lawyer to help you navigate the process of selling your home will prove to be the most affordable and effective option...

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Legal Documents Your Parents Need Right Now

Your parents are growing older – that’s a simple fact, even if it’s hard to face. Have they planned for their estate? Enabled you or someone else to speak on their behalf if necessary? Or provided for future medical or end-of-life decisions? Work with your parents to create these important legal documents to provide future peace of mind. Financial and Property Management Your parents may need assistance with financial or property matters, if they become incapacitated or can no longer handle their own affairs. In Canada, several different types of powers of attorney should be considered. The first governs the time period when your parents remain mentally capable of making decisions but prefers someone else to do so, and is called a general power of attorney. This can be limited to one particular aspect of their financial or property matters, or cover the entire spectrum. The second type of power of attorney in Canada, called an enduring power of attorney, governs the time period after you parents are no longer mentally capable of handling their own affairs, and can again be limited or broad in scope. Health and Welfare Matters Have your parents designated someone to make medical decisions on their behalf if they become incapacitated? This is just as important to address as the powers of attorney that cover other aspects of life. You and your parents can work with an attorney to draw up documents to inform medical personnel of preferences, or designate decision-making duties to you. A living will details to medical personal how different illnesses or situations should be treated. This can contain information about your parent’s preferences on resuscitation, breathing assistance, feeding tubes, or what happens after brain death has been declared. Your parents can draw up health directives or medical power of attorney to allow you to make decisions on their behalf, for areas that are not covered by their living will. This can enable you to seek additional medical attention or treatments on their behalf. Looking ahead to a time when your parents may be dependent upon you to help manage their lives may feel both daunting and depressing. It’s important to work with your parents and attorney like one from Kemp Pirie to design appropriate legal documents long before they are needed. By addressing future needs and laying out how financial, legal and medical matters will be handled, you can relieve future burdens and ensure that your parents’ wishes are always...

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