Archive for June, 2006

23rd of June, 2006

Types of Wills

Posted by admin in Family Law at 2:17 am | Permanent Link

Wills are legal documents that a person uses to declare how he or she wishes his property to be disposed of when he or she dies. In most cases wills are written out, signed and attested to, or more commonly known as witnessed to. In the past, the law stated that wills could only dispose of real property, or land, and a testament disposed of personal property. Today, wills are referred to as the last will and testament and it deals with both real and personal property.

There are various types of wills that people could have. One such will is a joint will. More than one person with each testator executes this will, as the person who makes a will is called, leaving his property to the survivor or to other persons. The second type of will is a mutual will. Mutual wills the testators agree that each shall be the beneficiary under the other’s will.
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18th of June, 2006

Becoming a Notary Public

Posted by admin in Law Education at 6:18 pm | Permanent Link

A notary public is someone who is authorized by the courts to serve as an impartial witness and acknowledge and certify signatures and documents. A notary public may also administer oaths and affirmations. In some states, a notary may perform civil wedding ceremonies as well. Since the notary witnesses the signing of documents, he or she can make sure that all parties involved are entering into their agreements willingly.

To become a notary public, you must contact your state’s notary division. They’ll advise you as to the requirements necessary. An applicant must be at least eighteen years of age and reside legally in the state in which he or she is applying. You can obtain your application from your state or the National Notary Association. You’ll probably be asked to take an exam and submit to finger printing. A filing fee must be paid and a bond must be posted. You’ll have to research your own state’s fees and bond requirements.
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4th of June, 2006

Easy California Divorce

Posted by admin in Family Law at 6:01 am | Permanent Link

People ask whether a California “Easy Divorce” is possible. Sure it is - when both parties will work together to expedite the process. A California “Easy Divorce” will not be completed when the husband or the wife wants to dispute any of the issues. Just like other states, California has set rules that have to be followed before you can get a divorce. This fact is unavoidable. Clients ask, how is it possible for one spouse to impede a California “Easy Divorce”? They can do so by arguing about issues, such as grounds for divorce under circumstances where grounds are required to be agreed on, or by choosing to dispute issues such as (a) what property to divide, (b) who the children will live with & how custodial time will be divided, or (c) how to determine if alimony ought to be given the situation.

All issues that have to be addressed prior to getting a California divorce can also be argued about. So, if you or your spouse wants to delay & halt an “Easy Divorce”, it can be done.
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2nd of June, 2006

Wage And Hour Laws

Posted by admin in Business Law at 3:04 am | Permanent Link

The primary Federal law governing wages, hours and overtime, the Fair Labor Standards Act (”FLSA”), 29 U.S.C. § 201, et seq., was originally enacted in 1938. This law is enforced by the Wage and Hour Division of the Department of Labor.

Most employers see no reason to even think about this law if the pay their employees more than the widely known minimum wage. In fact, problems involving violations of the “wage and hour” laws are relatively uncommon to most employers. However, often when a problem arises, its not discovered by an employer until the violation has been ongoing for years. Too often the liability under the law at that point is absolutely staggering to most employers. Employers assume that as long as they pay the minimum wage and overtime there is nothing else to know about the wage and hour law. This is simply not the case and navigating the complex wage and hour laws is something best left to a wage and hour specialist. One clear sign that you need to consult a labor and employment law specialist immediately is that you still believe that paying an employee a salary means you don’t have to pay them overtime.
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