Yamot Articles Directory

While the Health Insurance Portability and Accountability Act, a federal law enacted in 1996, is primarily designed to allow Americans, including those in Texas cities of Dallas, Austin and Houston, the right to take health insurance coverage with them, some provisions of the law that protect the confidentiality of information are causing confusion.

Observers are seeing evidence of the issue arise in cases where relatives are being denied access to medical charts, the health care providers citing provisions of the law–commonly known as HIPAA.
The problem, say experts in the field, appears to be confusion as to the intent and actual wording of HIPAA privacy rules, which were introduced in 2003.

Some healthcare providers are said to be applying the regulations in a way that may be seen to be overzealous, even arbitrary in nature.

On the other hand, medical professionals and privacy experts extol the legislation, saying it has helped to make confidentiality of health information a priority, something they argue is important as the nation moves toward a system that is more and more focused on computerized medical records.

At the same time, ensuring electronic privacy has produced what some say is a tangle of regulations–the result being confusion as to what is allowed under HIPAA and what is not.

The confusion may itself lead to more government involvement, with Massachusetts Senator Edward M. Kennedy, a sponsor of the original legislation, proposing an office within the Department of Health and Human Services (HHS) that would serve to interpret medical privacy rules.

The extent of the problems related to HIPAA are largely unknown since the only complaints investigated relate to patients being denied access to their own medical information, which is a violation of the law.

Officials from HHS say that health care providers, either innocently or purposefully, will cite HIPAA as an excuse for not making permitted disclosures. Some examples of HIPAA misinterpretations have included:
–The cancellation of birthday parties in nursing homes for fear that revealing a resident’s date of birth could be a violation.

–Patients being assigned “code names” in doctor office waiting rooms so they could be summoned without identification.
–The refusal of nurses in an emergency room to telephone parents of ailing students for fear of passing out confidential information.
–Delays in creating immunization registries for children.

One key word in the legislation that seems to invoke confusion is “may”– the law saying medical staff “may” disclose but not requiring that they do so.

Medical professionals on the side of commonsense in the world of HIPAA are distinguishing different categories of secrecy.

So-called “good faith nondisclosures” might include a nurse taking a phone call from someone claiming to be a member of the family. Not being able to verify the relationship might be a cause for refusing to give out medical information to that caller.

On the other hand, using HIPAA as an excuse for not taking time to gather records required by public health officials investigating a case of suspected child abuse might fall under the category of a “bad faith nondisclosure.”

The fear by those in the medical field of being penalized for improper disclosures might seem to be unwarranted–especially considering there have been no penalties levied since the legislation was enacted.
In fact, according HHS officials, medical professionals are permitted to talk freely to family friends, as long as the patient does not object. Those discussions can be held without a signed authorization and it is not necessary to have the legal standing of a health care proxy or power of attorney. On the issue of investigation of crimes such as child abuse, HIPAA defers to state laws, which may require such disclosure. Health care workers may not reveal confidential information about a patient or medical case to reporters, but they can discuss general health issues.

Many decisions related to HIPAA issues are made by employees of health care providers who feel safer saying “no” than “yes”– especially if the rules do not appear to be clear.

When the answer is “no, I can’t tell you because of HIPAA,” some consumers simply don’t object.

Healthcare privacy is an issue that’s not likely to go away anytime soon. At the same time, Americans have a deep concern for the ability to stay healthy.

Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com

Asbestos has been proven to cause a number of health conditions, including a disease called mesothelioma. While companies that make products using asbestos have known about the negative health effects of their products for as long as 60 years, many of those who worked in their factories were in the dark.

Mesothelioma lawsuits mean big payouts, with lawyers receiving almost half of the final settlement. Suits settled out of court can bring an average of $1 million, and those that go to court often pay an average of $6 million. With that much money at stake, lawyers are jumping at the bit to handle mesothelioma lawsuits. If you’re considering filing a mesothelioma lawsuit, it’s important to find a lawyer with your best interest at heart and with the skills required to find you the best settlement possible.

What should you look for when shopping for a lawyer to handle your mesothelioma case? Here are some things to ask when considering someone for the job.

1. Has the lawyer ever handled a mesothelioma lawsuit before?
2. If so, what was the outcome? How much was the settlement?
3. Does their law firm specialize in mesothelioma cases?
4. Will that particular lawyer be handling your case, or will it be handed off to someone else?
5. If so, whom, and do they have experience with mesothelioma law suits?
6. What percentage of the final settlement will the lawyer receive?

While interviewing prospective lawyers, you want to get a feel for their communication style and how well you feel you’ll get along. Make sure to ask about any fees or expenses that will need to be paid up-front. Generally, lawyers wait until the settlement is in place and simply take their cut.

Investigate several lawyers before making your final decision. Again, your mesothelioma is a serious condition, and you want to make sure you get the settlement you deserve. If you have a bad feeling about a lawyer or don’t feel he or she has the experience necessary to make the most out of your mesothelioma lawsuit, move on to the next candidate. Find out about their reputation; don’t just take their word for it. See what their former and current clients have to say about their satisfaction with that particular lawyer.

You can also find out about their track record through your local Bar Association. Don’t leave your mesothelioma lawsuit in just anybody’s hands. Find the best lawyer possible someone with experience and a stellar track record to make sure you get the best representation available.

AsbestosNews.com is an online resource for information about mesothelioma cancer and asbestos exposure. Asbestos News has been providing the public with information online since 2001.

“It’s not how much you make that counts,” my father told me many years ago, “but how much you keep of what you make.” I did not really understand that old adage at the time, but he was passing on some wisdom that his father had given him. It’s just common sense, but it is amazing how blind most of us, including me, are to the significance of that sentence.

Let’s look at an example involving real estate. Lets say you own a commercial building that will sell for $1,000,000.00. The broker brings a signed contract. Your basis, or cost in the property after $400,000 in depreciation recapture, is $300,000. Eureka, a $700,000 profit! Then, as realization sets in, the income tax on that amount in the top bracket of 39% would be $273,000.

However, since the you owned the property for more than a year, the transaction will qualify for capital gains taxation at 25% for the depreciation recapture and 20% for the balance of the gain so the tax would be reduced to just $160,000. Uncle Sam will not get the $273,000, but will only receive $160,000. Still too much tax, though.

By employing a strategy that is set out in the Internal Revenue Tax Code, you can defer those taxes until ultimate sale or even longer. Section 1031 of the Code provides for the exchange of property for like property. 26 USC Section 1031. Any gain that would have been recognized on the sale or exchange of the property can be deferred and can be utilized to acquire the like property. The tax is not eliminated.

If the new “like” property which is now owned is sold at a future date, the gain from the exchange as well as any additional gain must be recognized for tax purposes. However, by exchanging again, that tax can again be deferred for as long as the taxpayer desires. If the taxpayer is an individual and dies, the heirs receive a “stepped up” basis in the property and can sell the property without recognizing the gain, which was deferred during the taxpayer’s lifetime.

This strategy is extremely effective to maximize “what you keep”. Preservation of principal is the key to amassing wealth. Paying more tax than necessary is certainly not the best use of principal. The $160,000 that would have been paid as taxes when re-invested at 10% would be worth $320,000 in seven years.

The Internal Revenue Code provides for a way to defer the payment of that tax, perhaps indefinitely. There are a number of requirements to be met and types of property that cannot qualify so a review of the statute is appropriate.

First, the properties to be exchanged must be held for productive use in a trade or business or for investment. What does that mean? Any real estate property used in business can qualify: land, commercial properties, office buildings, farms, ranches and rent houses all fit the category.

The properties must be in the United States and not be held primarily for sale as inventory. The U.S. Virgin Islands are considered real estate in the United States. Any property that meets the definition can be exchanged for another property; for example, a ranch could be exchanged for an office building, unimproved for improved, etc.

The statute provides for certain properties that cannot qualify: (A) stock in trade or other property held primarily for sale, (B) stocks, bonds, or notes, (C) other securities or evidences of indebtedness or interest, (D) interests in a partnership, (E) certificates of trust or beneficial interests, or (F) choses in action (lawsuit claims, etc.). So one cannot exchange Berkshire Hathaway shares of stock for Microsoft stock to defer the capital gain.

One does not need to exchange a personal residence because there are other ways to eliminate the gain on sale of those properties. There are ways to deal with partnership interests that involve changing the form of the business structure. However, those issues are involved and beyond the scope of this article.

Second, there must be an actual exchange. You cannot sell property for cash and call it an exchange. The exchange does not have to be simultaneous. You can sell property for cash today and exchange the cash for a property you find later. To qualify for what is known as a deferred exchange you must meet the time requirements that are listed below and you must use a “qualified intermediary”.

A Qualified Intermediary is defined in the regulations to the Code Section. 26 CFR 1.1031(k). The intermediary must be unrelated as to family, employee, or agent relationship. An agent is further defined as “the taxpayer’s employee, attorney, accountant, investment banker or broker, or real estate agent or broker within the 2-year period ending on the date of the transfer of the first of the relinquished properties.” Thus, an independent intermediary such as a member of the American Federation of Qualified Intermediaries is essential to successful tax treatment of the exchange.

The Qualified Intermediary acts as the middleman in the transaction so that the taxpayer does not have actual or constructive receipt of the sale proceeds. The Intermediary can handle financing, construction if necessary, or other tasks in order to complete the exchange. The Intermediary can also provide counsel in structuring the transaction and advising as to the technical requirements. A party to an exchange should also consult both their certified public accountant and their attorney before consummating either end of an exchange. Exchanges are difficult to clean up if the first part was not structured properly.

Third, there are two time deadlines that must be met to preserve the tax-free exchange. Forty-five (45) days after the front end of the exchange (the first property) is closed, the second or replacement property must be identified to the Intermediary in writing. This deadline expires at midnight on the forty-fifth (45th) day and must specifically identify the property by legal description, street address, or some other unambiguous description. Do not risk using “some other unambiguous description” unless it cannot be avoided.

The exchanger no later than one hundred eighty (180) days from the date of the first closing must receive the second, or replacement property. The exchange must be fully closed by that deadline. There are no extensions available. Miss the date and pay the tax.

The last issue in minimizing tax is the replacement property must have an equal or greater value than the relinquished property to avoid all taxes. A property worth $1,000,000 must be exchanged for property worth the same amount or more. If the property received is worth $800,000, then there would be a taxable gain, or “boot”, of $200,000.

The tax on the value of the replacement property in excess of the original basis is still deferred but the excess over the value of the replacement property is taxable at the capital gains rate. Another way to look at it would be, if there is cash or personal property received with the real estate, which means that the cash proceeds from the first part of the exchange were not fully reinvested in the replacement property, gain or “cash boot” will be recognized.

Furthermore, any mortgages on the replacement property must be equal or greater than on the relinquished property. If the mortgage on the first property was for $750,000, then the mortgage on the replacement property must be at least $750,000 or “mortgage boot” must be recognized. If the replacement property mortgage were only $600,000, then the gain would be the difference in the two mortgages or $150,000 unless the exchanger put additional cash boot into the exchange.

Fortunately, the advance planning that goes into the structuring of an exchange can easily avoid or minimize these types of consequences. Coordination with the advisers in the transaction, qualified intermediary, attorney, and accountant, is essential.

The tax-free exchange under Section 1031 of the Tax Code is an extremely important tool in maximizing the return from investments, particularly in the real estate arena, for the property owner. It is likewise a very important tool for those who structure such transactions, such as the real estate broker.

Mr. Montgomery has been involved in multi-million dollar litigation. His practice now focuses on the structuring of business entities and transactions to reduce potential liability and potential taxation, while maximizing the potential for profit. www.jamesmontgomerylaw.com

Probate law primarily concerns the execution, interpretation, and contest of legal wills and estates. A probate court may be known by various names depending on where it is, however, probate law always concerns how a deceased person’s estate is handled by his executor or heirs. The word probate describes the process through which a person’s final wishes are carried out with regard to who should administer the process, how assets will be sold and divided, and what will happen to any existing estate. The estate is the term used to refer to the legal entity that is comprised of a decedent’s assets after they themselves have died. An estate may own property, profit, pay taxes, be sued, and owe debts.

A will is a legal document that exists under civil law. It is considered to be the last, definitive, and dying wish made by a person before their death, and for a will that has been ratified by a court, the legally appointed administrator of this process - the executor - usually either a legal professional or a competent friend or colleague of the deceased, has an obligation to ensure that the decedent’s last wishes are carried out to the extent that is practical, legal, and affordable. Under probate law, the executor is entitled to charge the estate a reasonable fee for their services.

A will may include simple instructions for dividing the property of an estate between the children of the deceased, or it may include detailed instructions for using the estate to establish a scholarship committee, or trust. Despite the finality of a will, it is possible to legally contest even a will that has been ratified by a court. If an executor is suspected of mishandling the affairs of an estate, beneficiaries are permitted to request that court ask the executor to account for their actions while administering the will.

When a person who has left a will dies, a named executor is responsible for administering the will. They are under no obligation to agree to this, as it is a time-consuming process that an administrator accepts a considerable deal of personal liability for managing. If the named executor refuses (or one is not named), the duty falls to the most senior beneficiary of the will. Except in emergencies, it usually takes longer than a month to appoint an executor.

All recipients in the will, and all people who would legally be recipients if no will were left must be informed of the death by post, giving them the opportunity to prepare a challenge to the will or appointment of an administrator or executor. Before any division of assets can occur, the deceased’s estate must pay all outstanding taxes that were owed at death, or have been incurred by the estate itself. Finally, during probate, all creditors are given an opportunity to come forward in order to be compensated by the estate for any outstanding debts that the deceased carried at debt.

Probate is invariably a costly process, and usually far more time consuming than most people care to tolerate, so methods to avoid probate completely are being increasingly utilized. Some jurisdictions include procedures for streamlining or avoiding the probate process completely to reduce loads on courts and cost to beneficiaries. For example, in the state of California, probate law includes a provision for people whose assets were worth less than $100,000 at the time of their death by which probate can be avoided outright. Similarly, assets conferred to a living trust or jointly held by another person under joint tenancy laws (for instance, a surviving spouse) need not be subject to the probate process.

Probate law is an expensive, drawn out process that often takes up to a year to fully complete. The processes by which a decedent’s assets are divided according to their last will and wishes can be quite complicated, and in many cases, vehemently contested. For this reason, anyone with doubts or questions about this area of law would be well advised to book an initial consultation with a firm that specializes in probate law.

To avoid the costly probate process, have your questions and concerns addressed. Melcher’s Law Firm has over 30 years experience in wills, trusts, estate planning, and probate administration. http://melcherslawfirm.com>

When it comes to protecting your hard earned assets you want every advantage possible. When incorporating in Nevada it is often promised that there is a level of privacy for the owners of a corporation or LLC that will help them in case of a lawsuit. Some individuals looking to form a Nevada corporation or LLC are hoping that if they get sued no one will find out who the owner of the corporation or LLC may be. Thus, preventing them from being a the target of frivolous lawsuits. In the context of litigation, the best scenario is presenting properly structured business model and having the court rule in your favor resulting in your assets being protected. That would be ideal!

Now, if it takes longer for someone to get to first base in your situation to figure out who the owners are, wonderful, that just means the plaintiff will have to spend more money! After all, aren’t most lawsuits a simple gain of economics? And if you can make it very expensive for the plaintiff to find your assets the better!

So what is the challenge…

The challenge is the creation of rock solid asset protection plan that does not rely solely on the illusory promise of privacy through the use of Bearer shares (which doesn’t work) and nominees (which works to a certain degree). If the whole plan is designed to prevent the discovery of your assets to fend off a lawsuit and the corporation or LLC lacks substance; there are no employees anywhere; and no business license, the plan is doomed to fail. The only way you would be protected would be to hide under a rock, because you had to be so private!

Again, if you structure a rock solid asset protection plan and have privacy along with it that is the icing on the cake!

The common places most people have to give up their identity as being linked to a corporation are in the following areas:

1. Issuing stock
2. Obtaining a Nevada Business License
3. Opening a Nevada bank account
4. Being an employee or independent contractor to the corporation
5. Entering into other contracts or agreements
6. Loan applications from banks

It is important to realize that you may be private on the surface corporation, such as the state records, but eventually, your name will appear in one of these six (6) areas. You cannot be so private that your name won’t appear in one of these six (6) areas, unless you choose to have no role in your corporation or LLC.

Nevada is pro-business and has a strong history of protecting the corporate veil. Creating a sound business model and understanding all of the strategies available to you will complement your plan of asset protection.

Scott Letourneau is the founder and CEO of Nevada Corporate Planners, Inc. Over the past 10 years NCP has assisted more than 4,500 business owners form LLCs and corporations to get their business off to a fast start! Visit http://www.nvinc.com for insight and essentials in proper entity formation.

When people think of Estate Planning, they generally think of legal wills. Estate planning is not just a will, although it does involve writing one. Rather, it’s a series of legal steps that involves allowing your beneficiaries to avoid probate and minimize the taxes incurred, and for you to write a living will in which you nominate trusted associates who would assume power of attorney and executor status should you be incapacitated or die. Estate planning also allows you more direct control over how your assets will be treated when you’re gone.

One of the most important parts of any estate plan are measures to avoid too much of the estate’s worth being lost to taxes. In the United State and abroad, dying can attract a number of specific taxes from both State and Federal governments, like death tax and estate tax. The simplest way to minimize estate tax is to name recipients of funds or assets from your estate in your legal will, specifying that a certain amount should be given as a gift. Provided your lifetime tax-free gift threshold of $1 million is not exceeded, these portions cannot attract any taxation.

An important part of any estate plan is the inclusion of a living will. A living will is not usually considered a legally binding document, however, it is given consideration if you are ever incapacitated and left unable to carry out your legal rights, or make decisions. While the living will itself may not carry much weight, you can nominate someone to assume your enduring power of attorney (EPA). If you are unable to exercise the living will as a legally binding decision, your enduring power of attorney can only be challenged by a court.

The will itself is the most important part of any estate plan. If you should die without writing a will, the specific laws of your state will determine how your assets will be divided following probate. Additionally, with no prior planning of where the assets should go on the event of your death, your estate is likely to be taxed the maximum possible amount. Where no will is present, the spouse is likely to keep one third of the value of the estate with the remainder to be distributed evenly among children.

An estate plan enables you to stipulate, for instance, that if your children receive an inheritance, the property is given to them personally and not, for example, to the child’s spouse. Should your child ever divorce, then the value of any inheritance received would not have to be shared in any divorce settlement, as it would not be a shared asset of that marriage.

One of the more important aspects of estate planning is the protection it can provide your assets. Typically, after a person passes away their family sells the assets that were left to them and divides the proceeds among themselves. If, however, you have a company or significant property holdings, you may wish to prevent the breakup of any of these assets, judging them to have more value whole compared with their value after being broken up.

Estate planning allows very specific instructions for how such assets should be treated if you wish to prevent this asset division from happening. For example, you can specify in your will that you require that your business be run by a family trust whose members and membership requirements you specify. It is not uncommon for people to wish to leave behind some legacy when they’ve gone, and the establishment of a family trust to ensure your assets are managed properly by a family member is a good way of ensuring it.

Another common request made is for a trust fund to be established as a scholarship fund or similar. Again, with a proper estate plan, it is possible for a benefactor to specify who a scholarship fund is for, and who is allowed to sit on any board or committee it relies on to pick a recipient.

Estate planning is the method by which specific instructions may be given in advance on how to manage your affairs should you become incapacitated or die. Estate planning represents the best way of protecting your assets from the whims of financially irresponsible relatives, excessive government taxation, and dissolution of your assets by the normal laws of succession in the state or country concerned.

To avoid the costly probate process, have your questions and concerns addressed. Melcher’s Law Firm has over 30 years experience in wills, trusts, estate planning, and probate administration. http://melcherslawfirm.com

A living will is also known as an advance directive, and it is a written document indicating a person’s wishes in the event that they are reduced to a vegetative state by some accident or trauma, and whether doctors treating them should go to all efforts necessary to keep them legally living, or to “allow nature to take its course”.

Unlike a legal will, courts have not generally recognized the significance of living wills, and the existence of one would not necessarily be legally binding. Most countries in the world have introduced little or no legislation to codify their status for the judiciary. That said, much of what judges and magistrates do is apply the intention of the law to new, unique situations. Therefore, the presence of a living will would factor very heavily in any deliberation by a judge, should your living will be challenged.

One thing a living will cannot do - and this is probably why lawmakers have been reluctant to legislate - is protect a doctor from malpractice, should she be put into a position where she has to decide between attempting to treat a patient who may recover, and obeying the wishes you expressed in your living will.

Of course, there are always circumstances and events which we could never foresee, particularly where death is concerned. Where someone like a community spouse or family member has doubts about whether you would make the same decision now, knowing all the facts, they have grounds to challenge the contents of a living will in a court. If they were able to produce a compelling explanation, they would have a good chance of convincing most courts.

Since there is no legal specification for living wills, there are no official government or municipality forms to pay for and fill out. You might notice, however, that many law firms give free living will forms out on their websites. Such firms have usually just drawn up a fairly standard written declaration that expresses your intentions should any of a number of possible things render you unable to make or express a decision at the time. Most of the living will forms offered at no charge are as robust a legal document as an advance directive can be.

Living will forms have a fairly similar structure addressing a number of key areas: Choice of whether or not to prolong life; whether painkillers should be administered as needed regardless of the chances that this will reduce or end the life of the patient; contact details of your personal doctor; whether you wish to donate organs, which ones, and for what reasons; and finally a declaration that it is your wish and right to refuse medical treatment, and that you have an informed idea of what this means. Usually a living will form includes areas for witnesses and an advising physician to sign the document alongside yours.

Unfortunately, no matter how shrewd a legal document you are able to craft, the advance directives issued in living wills are legally powerless. Ethicists grapple with the extra complications that the instructions of a living will introduce, while most lawmakers dare not tread near the issue.

At the end of the day, if there’s a conflict between the informed advice of the doctor, the wishes of the family, and the advance directives of the patient, the outcome will not be satisfactory to all involved.

To avoid the costly probate process, have your questions and concerns addressed. Melcher’s Law Firm has over 30 years experience in wills, trusts, estate planning, and probate administration. http://melcherslawfirm.com>

The Fair Housing Act of 1968, as amended, prohibits discrimination on the basis of race, color, religion, nationality, familial status, age, and gender.

Many state and local laws also forbid discrimination on the basis of sexuality or source of income, and the Americans with Disabilities Act makes it illegal to discriminate against the disabled.

If you harbor any such prejudices and would allow them to come into play when renting a housing unit, then you’re probably not cut out to be a landlord. However, many sincere real estate investors make honest mistakes that result in discrimination lawsuits. The best way to avoid them is to be informed.

The Fair Housing Act (FHA) may appear to be common sense, and most people would never think of discriminating against people of different races or religions, or on the basis of gender.

However, it is important to note that the FHA extends beyond the screening process, and into advertising as well. This is where many landlords and property managers make fatal mistakes.

After all, there are people who scour the classifieds looking for inappropriately worded ads so that they can pounce on them and threaten a lawsuit. While someone must have standing to bring suit, these scoundrels often work in coalitions to ensure that all of their bases are covered.

For example, if you own a rental property in a predominantly Jewish community, its proximity to the local synagogue could be a major feature.

But if your ad says “within walking distance from the synagogue, you could be sending the message gentiles need not apply, even though this wasn’t your intent.

And keep in mind that you may not discriminate on the basis of whether a couple is married, whether or not children are to live in the unit, or on the basis of age.

Novice landlords may not be aware of these areas of concern, and while it’s a good thing that citizens are more aware of their rights today, it can be a very bad thing for well-meaning landlords who are out of step with the times.

State law and local ordinances can extend similar protections granted under the FHA to other groups. For example, California, Minnesota, and North Dakota prohibit discrimination based on source of income. In other words, a landlord cannot discriminate against would-be tenants who rely on public assistance.

Putting the political perspective of the landlord aside, such discrimination makes very little business sense, since people on welfare or social security are virtually assured of a fixed income.

Some cities make it a crime for a landlord to discriminate against lesbians and gay men. If you are uncomfortable renting to same-sex couples and you live in a community progressive enough to pass ordinances protecting their rights, then you are either in the wrong line of work or the wrong town. There can be little rational argument in favor of discriminating against same-sex couples in an accepting locale.

The Americans with Disabilities Act (ADA) prohibits discrimination against the disabled, and also requires landlords to make reasonable accommodations to disabled tenants. Who decides what’s reasonable? Typically, judges, if it comes to that.

But while most landlords are aware of the ADA and would never stoop so low as to discriminate against a person in a wheelchair, many are unaware that the ADA also protects mentally disabled tenants. A mental disability could also include recovering alcoholics and drug addicts.

The downside of this is that these types of people are prone to relapse and if they do, can cause serious problems for you and other tenants. Everyone deserves a second chance, and many recovering addicts go on to be productive members of society.

The ones who are unable to recover typically have other problems, and thus it is vitally important that you document additional reasons for rejecting their rental applications if you decide to do so.

If you own rental properties in your own name, you are asking for a world of pain - it’s the equivalent of wearing a giant kick me sign on your back. Instead, own your properties in corporate, limited partnership, LLC, or trust form.

That way, even if you are the victim of a discrimination suit, or any other type of judgment, your personal assets may be protected against the liens of creditors.

Richard Reichmann is internationally known as a millionaire maker. He’s a leading consultant in real estate and internet marketing strategies that are profit proven.

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If you move into an apartment or a home and you sign a lease, some people might think that they are stuck with that lease even if they discover that the property has a substantial mold problem. This is not true.

No matter who you are renting from or what kind of property, it is the landlords responsibility to provide you with a healthy place to live. If you or your children become sick due to the mold located in the home, apartment, or business you are leasing, your landlord can be held responsible.

The only thing that you have to do first is prove that mold exists in your rented space. That burden or proof is on you because in most leases, mold testing, inspections, and removal are not covered by the landlord. Landlords do not pay for these; you do. If there is a problem, you have to prove it.

If the rental property is infested with mold, the landlord might be liable for the damage to the tenants health, the medical bills associated with mold, loss of income due to sickness, and for the damage to clothing and other possessions.

Other possible liabilities include the expense it takes to move to a mold-free environment, the difference between the rent at the mold-infested rental and the new, habitable rental, and for any mold inspections, testing, and remediation of the rental that were paid for by the tenant before moving out.

You should mail a notice to your landlord via certified mail that there is a mold problem first and foremost and provide proof within the envelope. An analysis and identification of the mold sample you collected using a mold test kit signed by a mold laboratory is a good way to prove that mold exists in the property.

Even better than this is to have a written report signed by a certified mold inspector along with the above mentioned laboratory report. If notice is ignored by your landlord, you can choose to send a second notice stating that due to the failure to have the mold removed from the property, you are withholding your rent.

Lastly, if that is ignored by your landlord, you should send another notice via certified mail that you are vacating the premises and that legal action is going to be taken, especially if you have suffered health complications due to the mold.

You should not need a lawyer to draw up these notices for you, as long as you are clear and to the point that mold exists on the landlords property that you are renting and you want it removed and if you are suffering any health complications, these should be stated very clearly and with proof, as well. Most landlords will respond promptly.

Jim Corkern is a writer and promoter of quality
flood and water damage cleanup and
water damage restoration> companies across the united states.

Most of the plaintiffs involved in lawsuits do not realize they can get cash advance before their case settles. It is called as lawsuit funding and often referred as lawsuit loan, legal finance, lawsuit cash advance, litigation financing, legal financing, pre-settlement loan and plaintiff cash advance.

The following 22 facts, every plaintiff must know about lawsuit loans. I hope these will help and guide them to take a knowledgeable and judicious decision.

1. Who is eligible for Lawsuit funding?

If you are a plaintiff, involved in any of following lawsuits (but not limited to), i.e.: personal injury, auto accident, malpractice (medical, legal, construction), employment discrimination, fraud, product liability, breach of contract, Mesothelioma, negligence, workers compensation, civil rights, class action, patent infringement, whistle blower (qui tam), workers compensation (not in all states), wrongful death, commercial litigation etc.; and if you are represented by an attorney, you may be eligible for a cash advance or legal financing on your pending settlement.

2. How can I benefit from lawsuit funding?

Many plaintiffs are forced to accept a low offer due to the financial hardship that many victims experience soon after their personal injury. An advance on your settlement will allow your attorney the time needed to get the full value for your case.

3 - What types of cases are funded by lawsuit pre-settlement funding companies?

A good company would provide cash advances on mostly all types of cases. The most common types are listed in fact number 1.

4 Is good credit & employment necessary?

No, the lawsuit funding or legal financing is not based on credit history, unless there is a pending bankruptcy. Applicant may have bad credit score and no employment.

5. Why don’t I just get a bank loan?

Traditional financial institutions, including banks, do not generally lend solely on the merits of a lawsuit. They deem the practice of lawsuit finance or lawsuit funding as too risky.

6. Is this a lawsuit loan?

No, this is not a loan. It is actually non-recourse cash advance on the future value of your case. Unlike a loan, if you lose your case you owe nothing in return.

7. Why is this not a loan?

Loans are repayable absolutely. A loan is type of financial aid which must be repaid, with interest. But lawsuit cash advance, legal finance or lawsuit funding is actually purchasing an interest in your settlement. So, if you lose your case, you do not owe the funding company anything.

8. Do I owe any up front out-of-pocket fees or costs? Are there any additional fees, such as monthly fees, involved?

Absolutely NO! A good lawsuit financing company should not charge any upfront fee or any application fee, processing fee or any monthly fee. There should be only a single fee for the lawsuit loan, based upon the length of time to settlement of your case. There will be a specific repayment amount, due and payable only after the case resolves itself successfully. And if the case is unsuccessful, there is no repayment required.

9. Will I have to sign any documents? Will my attorney be required to sign any documents?

Yes. You will need to sign an application and after you are approved for lawsuit loan, you and your attorney will sign the Funding Agreement.

10. How big an advance on my settlement can I get?

Lawsuit cash advances are generally limited to, from 10% to 15% of the projected case value. The minimum advance is $250 and the maximum amount available on a single case is one million dollars.

11. How would this help me get more money for my case?

The defendant, in order to save time and money and settle the case early, will offer you far less than what the case is really worth. If you need immediate financial help you may feel pressured to take an earlier (and often smaller) settlement. Lawsuit funding or so called lawsuit loan can ease your immediate financial needs and allow your attorney to continue to fight for a fair larger award.

12. Is the defendant insurance company notified?

No, the only parties who know about the transaction are you (the plaintiff), your attorney handling your case, and lawsuit funding company.

13. How long does it take for me to get the funds?

If you are eligible you can have your approval decision within 72 hours after reviewing your case documents. Funding company will wire your approved lawsuit funds into your bank account or can Fed Ex your funds within 24 hours of receiving your signed Funding Agreement via fax from your attorney.

14. How is the lawsuit cash advance paid back?

The lawsuit loan is repaid out of the financial settlement award from the case. It is paid at the same time that the proceeds of the claim are paid out to you.

15. What happens if I lose my case?

You owe absolutely nothing in return! The money advanced to you is yours to keep.

16. What can I use the money for?

Anything you like. It is your money. You pay your bills, mortgage and car payments. You can take care of education expenses of your children and pay your medical bills.

17. What if I need more money later?

If you have not received all the money, lawsuit funding company may be able to advance you more on your case. You can make another request for additional settlement funding or pre-settlement funding at a later date.

18. Does the legal finance company get involved in my lawsuit case?

NO. They have no input or control in your case. They do not get involved in the attorney-client relationship. All management and decisions pertaining to your case are made by you and your attorney. They have no role in the pursuit of your case. They only involvement is to initially review your case papers, so they can evaluate the claim.

19. Is this legal?

Yes. The claim or lawsuit is yours and you own it, just like you own a piece of property. After paying your attorney and medical liens (if applicable), the potential remaining money is yours. You may sell or assign it.

20. How will my attorney feel about me doing this?

Attorneys are sympathetic to the financial strain their clients can experience. In some states, attorneys are not permitted to assist clients financially, but they are allowed to assist in seeking third-party financing, such as plaintiff lawsuit finance or lawsuit funding.

You can apply for lawsuit funding without consulting your attorney first. However your attorney plays an important role in getting your lawsuit funding.

Attorneys are typically eager to help a client obtain plaintiff funding because it may mean that a long legal proceeding won’t end with the client having no choice other than to accept a low settlement offer.

Applying for plaintiff funding does not interfere with the agreement between you and your attorney in any way.

21. Why my attorney can not lend me money?

The American Bar Association prohibits attorneys from lending money to clients for anything but case expenses. This prohibition exists to prevent a conflict of interest from arising. If you owed your attorney money you might feel pressured to accept your attorney’s advise to settle your case when you really did not want to accept the amount offered. No. This would cause a conflict of interest because your attorney would now be your creditor. In fact, the American Bar Association expressly prohibits attorneys from loaning money to their clients for anything other then case-related expenses.

22. Is this process confidential?

Yes the total process is confidential, private and quick. Underwriters take a look at your case documents and determine if they think you have a good chance of collecting on your claim. These are the same documents that your attorney prepared to fight your case. If they think your chances to win are good, they will offer you a cash advance.

Paul Sherman is a Legal Funding Consultant.He offers free, professional, and independent advice to plaintiffs (incl. business owners) & Attorneys. To get
Lawsuit Loan & Structured settlement funding please visit http://www.easylawsuitfunding.com