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Is Probate Necessary?

Is probate required? Whether probate is necessary depends on what property the decedent owned and how it was held, and on the law of state in which the decedent died and the laws of any states where the decedent held property.

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What Is Elder Abuse & What Can Be Done?

Every year, thousands of elderly Americans are abused in their own homes, in relatives’ homes, in nursing homes and in other facilities responsible for their care. This article discusses the signs and symptoms of elder abuse and how to act on behalf of an elderly person who you suspect is being mistreated.

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When is a government employee acting under ‘color of law’?

Filing a civil rights claim under section 1983 requires first demonstrating that the defendant was acting under’color of law.’ But what does color of law mean? In general, color of law is a broad term used to describe when someone is working in their official capacity for a governmental agency. Anyone who works for a governmental agency is potentially subject to a section 1983 civil rights violation suit.

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What is reformation?

Reformation, when used in a discussion of contract law, is considered one of the legal remedies available for use when a breach of contract or contract problem occurs. In a situation where two or more parties have entered into a contract and not all of the written contract matches what the parties understood the agreement to be, a court of law may use reformation to settle the dispute.

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Disputing IRS Tax Collections: It Can Be Done & You Do Have Options

Can you fight the Internal Revenue Service (IRS) if you believe that you don’t owe what the IRS claims? Absolutely, encourages Justin Hein, Managing Attorney for Roni Deutch, A Professional Tax Corporation’ a law firm that has been resolving IRS tax debts for American taxpayers for nearly 20 years. Hein says that you not only have the ability to dispute the collection action being proposed by the IRS, but that you also have several options for resolving your IRS tax debt.

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Plea Bargains

A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty in exchange for a lesser charge or lighter sentence. While a defendant can request a plea bargain, the decision to offer one is solely in the hands of the prosecution. Once a plea bargain is met, is it generally put on the record, either orally or in writing, and cannot be rescinded by either party. While state law varies, a plea bargain usually results in the prosecutor either agreeing to recommend a lighter sentence to the court; requesting that the court drop one or several charges against the defendant; or agreeing not to oppose the defendant’s requested sentence.

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Punitive Damages: What They Are and How They Work

Punitive damages are designed to punish a defendant and deter bad conduct. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and some states have strict rules and limitations on when punitive damages will be allowed. There may also be caps in place that limit punitive damage awards to no more than 2 or 3 times the amount of actual damages.

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