When to Find Legal Counsel

April 6, 2019 | David J. Hernandez | 0 Comment | 2:39 pm

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It is important to know when and how to find legal counsel when you need it. It is always better to be protected and armed and ready for whatever may come your way. You never know when you might need to sue someone or protect yourself in a situation. These aren’t things one would like to spend their weekends thinking about, but it is always better to be prepared and ready for the unknown that lies ahead in life. The key is to know when to find legal counsel and striking while the iron is hot. What calls for legal counseling and what can you handle on your own? Those are important questions to ask oneself when deciding whether you need legal counsel or not.

Legal counsel is there for protection and it should be used wisely and within reason. One does not want to simply take advantage of this and become sue crazy. That is when things start to become dangerous and a little too hectic. It is important sometimes to take a step back from an emotional situation and ask oneself if it is really necessary to sue and what are the reasons behind this? Are they reasonable? Are they logical? If not, there are probably other ways one can handle it.

However, if there was serious wrongdoing and this has been an ongoing problem and something has been taken from you and your rights have been infringed upon, then by all means, it is important to sue and take legal counsel. You should never feel like you are being taken advantage of or being used in any way. The system is in place for a reason and that is to protect the citizens so they can feel safe, secure, and taken care of in everyday situations.

J. Scott Gunn P.A. is someone you can trust to do the right thing when it comes to your case. He has been doing the right thing for a number of years and prides himself on doing the right thing, day in and day out. That is what he is all about and what he stands for as a human being. That is why he is one of most respect in his field. He always takes care of his clients and gives it to them straight. He doesn’t pull any punches or lead them on to believe something that is downright false. He is an honest and fair man that you can be proud to be associated with, that is for sure.

If you ever find yourself in a legal situation, he is the one and only name that should be on your cell phone. He is a name that speaks for itself.

Does the Government Shutdown Effect Workmans Comp?Does the Government Shutdown Effect Workmans Comp?

January 20, 2018| David J. Hernandez| 0 Comment| 3:05 pm

The recent government shutdown has many people concerned about which programs will continue and which programs will be suspended indefinitely. Workman’s Comp is no different. Many people who receive Workman’s Comp have been wondering if they will still get their benefits or if they will have to find some other avenue of covering a portion of their bills. This is the same question that many individuals are asking who depend on the federal government for employment benefits or assistance of virtually any type. The short answer is that for the time being, Workman’s Comp will continue as scheduled. However, it should be noted that there are no simple answers regarding the government shutdown. There are, however, many gray areas.

Most of the gray areas occur regarding federal employees who are receiving Workman’s Comp before the government shutdown occurred. Private employees who are receiving Workman’s Comp are scheduled to receive their benefits without delay at this time. However, many federal employees who are currently working find themselves either forced off of work until the government shutdown is resolved or they are working without pay. It stands to reason that any federal employee who is currently working and is not being paid can expect not to be paid if they are receiving Workman’s Comp. This is one of the many gray areas that has occurred regarding the government shutdown and many individuals who are directly in the center of this calamity have little knowledge about how they will ultimately be affected.

The other problem is that even more ominous things can happen if the government shutdown is not resolved rapidly. The government will default if the issue is not resolved by mid October. If this is allowed to occur there is a great deal of uncertainty about how many government programs will be affected, including Workman’s Comp. Virtually every individual from federal employees to senior citizens are deeply concerned about whether or not they will receive benefits if the government defaults. Unfortunately, it is largely up to the federal government to decide which programs, if any, will be funded. This means that virtually every individual is at the mercy of the people in Washington to decide their fate. There is also the very real problem of finding a way to fund government programs in the event that there is no money to fund the programs with, which is what will happen if a default is allowed to occur.

In closing, anyone who is receiving Workman’s Comp who is concerned about their ability to continue to receive benefits should contact the Law Offices of Oliver C. Minott with any questions they may have. Having proper legal representation is vitally important at any time, but it is especially important during this time of uncertainty.

How To Form A Charitable Trust? – A Step By Step GuideHow To Form A Charitable Trust? – A Step By Step Guide

August 17, 2019| David J. Hernandez| 0 Comment| 9:43 am

What is meant by charitable trust?

A charitable trust is developed to perform charitable activities and remain unsuitable for commercial activities. It may earn profits by trading activities however the profits should be used only for charitable purposes and should not be distributed to members. If you have plans to start a charitable trust, you should know the process involved in society registration. It differs from state to state or country to country. Ensure to check your country- NGO society registration website to get complete details.

A charitable trust can function exactly like an individual person. It can raise mortgages, hold bank accounts, raise mortgages and hold all kinds of investments and assets until it functions as per the powers finalized in the trust deed.

If you are thinking of society registration, you need to register as per the 1957 Charitable Trust Act. The trust should exclusively or principally exist for:

· A charitable reason as per the law of the country or
· Any purpose which is educational or religious whether or not the purpose is charitable as per the country law.

What is the purpose of society registration or charitable trust registration?

Image of Society Registration Written In A White Background.

The charitable purpose would be an objective of the trust or the reason for the society is developed. Some of the purposes that remain as the foundation of charitable trust registration or society registration are as follows:

· The help of poverty
· The advancement of education
· The advancement of religion
· Other purposes that aids to the community

It is also generous to develop facilities for leisure time activities and recreation if the facilities are offered for public benefit or interest of social happiness.

What is the registration process involved in public charitable trust?

A trust is established when the trust’s author mentions with reasonable certainty in the form of acts or words. It is necessary for the society or public charitable trust to register with the Charity Commissioner officer who has complete rights over the trust. If you are thinking to do society registration, you have to follow the below-mentioned steps.

Step 1: Select the right name for your charitable trust. It is an important step involved in registering the trust. When selecting the name, ensure to see that the planned name does not interfere with any type of patronage by any state government or the Indian government. There is no constraint in utilizing names which are previously recorded as a Charitable trust in the Registration office. If the registrar refuses to accept the name in the registration office, you can lodge a complaint with higher officials and necessary action will be taken.

Step 2: Find the author or settler and executors of the planned trust. In most cases, there should be a single author or Image That Represents The Charitable Trust Quotes In A White Background. settler. It is possible for even an illiterate to become a trustee. The minimum age limit to be a trustee is 19 years for male and 18 years for females. But still, in a certain case, the average age of both male and female that is 19.5 years is considered.

Step 3: Develop regulations and rules and MOA (memorandum of association) for the trust. It is referred to as trust deed. It is extremely important and serves as the lawful evidence of the Trust’s existence. There are various clauses in the trust deed. It includes name clause, overall body member clause, object clause with beneficiaries, registered office clause and trustee and settler clause.

Step 4: Arrange all the necessary documents that are necessary at the submission time. It is also necessary to have a trust deed. Trusts are irrevocable except if it is stated in the charitable trust deed. It means it cannot be closed or wound up.

Step 5: Collect all the necessary documents, trust deed, properly attested photocopies and submit to the local registrar. The settler has to sign each of every page of trust deed’s photocopy. During registration, two witnesses and settler should physically be with their ID proofs.

Step 6: Once you submit the documents and complete the formalities, you will receive the registration certification within 7 working days. It is not easy to follow each and every procedure. Certain registrar will verify the address by sending an official letter as part of verification.

Chapter 7 or Chapter 13?Chapter 7 or Chapter 13?

June 17, 2017| David J. Hernandez| 0 Comment| 2:51 pm

Realizing that you are in a position that might require filing for bankruptcy is a hard pill to swallow for anybody. It takes a lot of humility to understand that you have screwed up. Filing for bankruptcy usually has a negative connotation associated with it. It is a very long thought-out and difficult decision people make. However, it is important to know what happens when you file for bankruptcy. First when considering whether or not you should file for bankruptcy you will be required to attend approximately six months of credit counseling and at the end you will take a test to see whether Chapter 7 or Chapter 13 is more suited to your needs.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy individuals end up filing with the Court. With Chapter 13 you will set up a specific payment plan including payment and time period to pay back the loan to pay back your creditors on payments that are overdue. The time period used is typically about five years. The Court needs to approve your payment plan and this happens once they have sufficient evidence that you have the financial means to pay the debts back as you have outlined. Often this is the more desirable option as you get to keep your property and work over time to pay things off. On the other hand, with Chapter 7 you have to fill out a bunch of paperwork detailing all of the property you own and assign a value to each item. It tends to be known as liquidation bankruptcy. You then typically have a hearing where your creditors get to determine whether each item should be part of the bankruptcy. A trustee will then take these items and work on converting them into cash to pay back your creditors. Hence the liquidation aspect. It is important to understand that once a bankruptcy claim is filed, an automatic stay is put in place which prevents creditors from furthering harassing you for payment during the proceedings.

A lot of people enjoy this aspect because it can get overwhelming having creditors down your back every day. A month or so after you file your claim, your trustee with meet with creditors to discus your bankruptcy. The trustee acts as the intermediary between you and the creditors so that you don’t keep receiving harassment from creditors. The trustee will go over the paperwork with you and make sure there aren’t any discrepancies with values you have assigned different items of property you listed. Based on your goals, assets, debts, income and expenses filing for bankruptcy can help wipe out most types of debt including credit cards and medical bills, reduce monthly payments, stop creditor harassment, stop repossession of your vehicle, stop the foreclosure of your residence, stop wage garnishments, and even stop the stress caused by debt collectors. Either option you choose, Chapter 7 or Chapter 13, it is important to have an attorney look over things. Kirkpatrick & Associates is a great firm to call. They will assist you in getting back on the right track. Bankruptcy may not be the best option for everyone so it is important to have an attorney go over things with you and help you come to the best option for your situation.