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.

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

The hedge fund industry in the Commonwealth of Massachusetts will come under greater regulatory scrutiny according to Secretary of the Commonwealth William Galvin, who is the chief securities regulatory. This past January Glavin filed a civil complaint against Bulldog Investors and Phillip Goldstein, among other connected parties (collectively, the Respondents’). The civil complaint alleges Respondents failed to adequately restrict online access to information about the Respondents hedge fund products. According to the civil complaintfiled by Galvin, Respondents maintain an interactive web site through which potential investors have unrestricted access to general advertising and offering materials.

Using guidance provided by the Securities and Exchange Commission on the use of electronic media in securities offerings, the civil complaint maintains that in order to conduct appropriately and legally a private offering of securities over the internet, a web site is required to be password protected. In this case, Respondents web site was not password protected.

It is this unrestricted access that is alleged by Galvin to be in violation of Massachusetts laws on public securities offerings. This contention is based on the argument that no attempt has been made to discern whether parties attempting to access the site are sufficiently sophisticated or financially suited to evaluate the risks of the investment opportunities presented. It is a requirement of the law that a determination be made about the sophistication and financial suitability of people accessing this type of information.

The ultimate contention in the complaint is that the hedge fund securities offerings by Respondents are alleged to constitute what legally is known as an unregistered, nonexempt, public offering of securities. Even though some safeguards were in place at the web site, there were not adeqyare controls overall, according to Galvin.

Respondents web site, which no longer is available online, is said to have once contained a printable offering brochure that included details on the investment opportunities in various Bulldog funds. The printable materials were also said to contain information investment strategies, annual returns and background information on the funds managers themselves. Galvin is seeking a cease and desist order to prevent what he contends are ongoing and continuous violations of Massachusetts securities laws.

In the past year, Galvin office initiated an investigation into so-called hedge fund hotels. Hedge fund hotels are large investment banks that provide hedge fund managers with office space and administrative and technical support. The contention here by Galvin is that there arrangements result in a serious conflict of interest. Galvin maintained that these arrangements needed to be disclosed fully to potential investors.

Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.

They are not just fictional characters that exist in popular crime, thriller or detective novels, nor are they just glamorised characters in a police investigation movie. Private Detectives do exist in our contemporary post-modern culture and they come with many purposes, and skills. They have been around for over a hundred years and are still strong in their professions. So a word of warning to anyone cheating on their partners, watch your back someone maybe watching your every move right now!

History

In 1833 the first private detective agency was formed in France, by Eugene Francois Vidocq former French Soldier, criminal and privateer. Vidocq is credited for introducing the use of record keeping, criminology and ballistics in police investigations. His skills and ingenuity in criminal investigations are still being used today, particularly in America where The Vidocq Society was formed, for members only, who claim to follow the methods of Vidocq for their investigations.

Vidocq was the inspiration of many Private Investigation novels, most famous of all being Sherlock Holmes by Sir Arthur Conan Doyle. The character of the nineteenth century private detectives are stereotyped as being cool, relaxed, intelligent, stocky in physique, usually drinking whiskey and dressed in a trench coat.

The detectives were used mainly for crime and police investigations, during which time only a limited number of investigation services were available for solving crimes. The U.S soon followed on forming The Pinkerton National Detective Agency, by Allan Pinkerton in 1850. They became famous for successfully foiling the plot to assassinate then President Abraham Lincoln.

Modern Private Investigations

Private investigators are now used for many purposes and not solely for crime investigation. The investigation service are also involved with celebrity protection, identity theft, pre-employment verification, cases of infidelity, civil liability cases, financial investigation, legal investigation and computer crime investigation.

Modern depictions of the private investigation service have appeared in popular Hollywood films and TV shows such as Charlie’s Angels, Magnum PI, Remington Steele and Veronica Mars. These adaptations make the investigation service seem more interesting, dangerous and usually violent! Such is the exaggerated perception for the world of the PI and yet the truth is life in the private investigation service is quite the opposite.

How interesting the job may be, is dependent upon the assignment. America has taken the world of PI’s to the next level into a reality TV show, involving people who are suspecting their partners of having an affair. The results are nothing less than traumatic and emotional; one can only empathise with the individual and question the moral intentions of the show.

The Private Investigator as we know it are people who deal with more paperwork than action, it is known for them to work in disguise as Vidocq was forced to do, after he was suspected by fellow convicts he was assigned to observe. Hollywood interpretations provide a false perception of their role and overall this service is more accessible to the public than they were before. Yet one thing the films and TV shows have been accurate in, is that they are very good at preserving their identity and do take on any role they feel necessary to help them gain the results they need, including acting as friend or perhaps a work colleague undercover.

Shaun Parker has been involved in the private investigator industry for several years now and is an expert on undercover surveillance and private detective work.

Will making can be a daunting process and is something that people only tend to do once in their lifetime which means they aren’t very familiar with the process. As a result of this mistakes can often happen which is why it is best to seek help from professionals who can assist you whenever needed.

Some of the most common mistakes that occur when will making are as follows. Some people are not aware of the formal requirements that are required in order to make the will legally valid. It is extremely important that this is investigated because if it is not valid there are likely to be problems when it comes to distributing your money and possessions. It may even be put into the hands of the State which means that any relative may be able to claim a stake in your fortune.

When will making, a lot of people forget to take into account all of the money and property that they have. This is easily done if you have an investment somewhere that you haven’t touched in years or something may have simply slipped your mind. Again, if you have property or money that hasn’t been mentioned in your will it could end up going to someone you didn’t want to have it.

When it comes to will making it is common for people to make changes and alterations to their will. This normally happens with people who make their will at a young age or get divorced. However, the amendments must be signed and witnessed otherwise they are invalid and the new changes will not be honoured.

There are rules relating to will making which means that if someone feels they haven’t been adequately provided for they can make a claim on the estate. As a result of this provisions in the will could be overturned and they may end up getting something. Things like this are not common knowledge which is why so many people seek the advice of professionals when it comes to will making.

Will making companies and solicitors know everything about wills and how to ensure that they are legally valid. It is strongly advisable to use one or even both to make sure that your will is saying what you want it to and that your money and possessions are going to go to the correct people. As well as this you can be assured that your will, money and possessions are going to be in safe hands.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

Will making is an important requirement regardless of how old you are or how much you own. Without it all of your possessions may be distributed to people that you don’t want them to and the ones you love could be left with very little.

There are certain requirements when it comes to will making and without them it may be invalid. The person who is making the will must be aged 18 or older and must be in writing. Once it has been made it must be signed by the person making the will in the presence of two witnesses.

The two witnesses must also sign the will in the presence of the person making the will after they have signed it. When will making think carefully who the chosen witnesses are as them or their partners cannot benefit from the will. For example, if leaving possessions to family or friends they cannot be a witness when signing the will.

Another reason why will making is important at a young age is because the person making it must be of sound mind. They must be fully aware of the nature of the document and who and what people will be inheriting. If it is hard to prove that the person making the will is in a normal mental state it is likely to cause problems and it may be difficult to find someone who will construct the will.

As well as this will making must be done voluntarily and without any pressure from anyone else. After all it is the will maker’s money and their wishes so they should be respected by all of those around them.

Once the will making is complete it is important to keep it in a safe place together with any other relevant documents. Some people feel safer keeping it at home with them whereas others choose to keep it at a bank, with a solicitor or at the Principal Registry of the Family Division of the High Court.

Although will making is something that people put to the back of their minds it is an important process that should be completed as soon as possible. It can be amended to benefit new or different people and possessions can also be added or taken away. Once is has been done it can be forgotten about and should something happen it is guaranteed that only the people you want to inherit things will.

Affinity will making is one of the leading firms of independent Will writers in the United Kingdom with over 100 years collective experience, specialising in Will drafting, Trusts, Estate Planning and Probate.

Have you longed for that vacation home on the beach or in the mountains? Because of the slow real estate market in Florida and many other areas of the country, there are bargains available.

Despite this condition, many people cannot afford their dream vacation home. Others are reluctant to buy because they can’t use it enough to justify the expense.

This has led many to an alternative that makes vacation home ownership affordable – Shared Use Ownership. Shared Use Ownership is an arrangement where several individuals or families own a property together and share the use and expenses.

Most people who own vacation homes spend an average of only two weeks to two months each year at the property. However, they pay expenses such as taxes, insurance and maintenance fees year round. To meet these expenses, some property owners have to rent out the property. Shared Ownership provides an arrangement where you own only the share of the vacation home that you will use.

You, along with the other owners would share the cost of acquisition, the expenses and the maintenance of the vacation home. You would also share the occupancy and use of the home, setting a schedule under which each owner is allocated certain weeks or months.

Shared ownership is not a time share or fractional ownership project. Those arrangements are usually set up by a developer and you would buy an interval or pre-arranged week of usage.

The Shared Use Ownership arrangement is flexible. The method of structuring the ownership, allocating the use, and sharing the expenses can be set up differently and uniquely for each property. There is no developer and these arrangements are usually limited to a maximum of six owners or families. This arrangement works with houses as well as condominium units.

With Shared Use Ownership you would be an actual owner of the property. Unlike a timeshare, you would directly share in any appreciation in the value of the property.

You can choose your partners in the vacation home. You and your partners can then decide on the appropriate legal structure of the ownership. It may be a limited liability company, corporation or tenants-in-common.

You and your co-owners would then, with the help of an attorney, prepare the user agreement, which is the centerpiece of the Shared Use Ownership arrangement. The user agreement sets forth how you will allocate the occupancy, share the expenses, manage the property and settle disputes. It will also address when a co-owner can sell his interest and under what circumstances the owners would sell the property.

The user agreement will also govern such issues as whether the property can be rented to third persons and how the home will be decorated. It provides the method for setting a budget so that all expenses are paid and a reserve maintained to pay for repairs and maintenance. Under the agreement each co-owner is required to contribute his share of the expenses on a regular basis and procedures are included to address an owner who is delinquent in payments. This ensures that the owners can meet the expenses of the property as they come due.

A properly structured Shared Use Ownership arrangement can be a practical and affordable way to own your dream vacation home.

Dean Hanewinckel is a real estate attorney practicing in Englewood, Florida. For further information you may contact him at dean@dean-law.com. Visit his website at http://dean-law.com for additional information.

Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.

This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.

With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.

A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.

There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on the loan and the lender, such as a bank can claim the property as payment.

State Law

Property laws trace its history back to the monarchs who ruled much of the continent of Europe. This was brought to America and from there has evolved a great deal. Real estate law, like most all law type, is still constantly evolving today as new cases are brought to courts.

Because events are often relating to geography and local cultures and law, there are a lot of aspects of real estate law that reflect this and are divided up by states.

For instance, if you were having a land dispute with a neighbor and you owned a tract of land near Coeur d’Alene, Idaho you would ideally want to consult with Coeur d’Alene real estate attorneys — even if you retain an attorney in Pittsburgh or some other city where you make your residence — to know what is fully involved regarding that specific city’s statutes.

A Coeur d’Alene real estate attorney can advise you on the specifics with Idaho’s real property laws and can give you a heads up on what your rights are as a land owner pertaining to that tract of land you own and the dwelling that reside within.

Hiring a real estate attorney’s group, no matter where you plan to buy land, would lend you piece of mind and a defense or litigations counsel if that dispute with the neighbor ends up in court.

Beck & Poorman (http://www.beck-poorman.com/real_estate_law.html) is a legal firm that advises in varied legal matters. Among their staff are Coeur d’Alene real estate attorneys working in both private and public sectors. Located in Hayden, Idaho, they have a combined work experience of 35 years.

If you experienced PPH symptoms and was later been diagnosed with fen-phen related PPH (Primary Pulmonary Hypertension), you may be dazed, confused, and wondering where to turn.

That’s where a competent PPH lawyer can come in, as a PPH attorney who specializes in fen-phen, Redux and similar product liability lawsuits, knows how to handle the lawsuit. They can also get you a settlement that will take care of the costs for tests and medical assistance, which can abate your life altering PPH symptoms.

Just where does one start to find a potential PPH lawyer?

Well, begin with word of mouth. If you know someone who has prosecuted a similar case successfully, ask him or her about their representation. The Internet is an equally great place to go to comparison shop for a competent PPH attorney.

If you have finally located a PPH lawyer, set up an immediate consultation. The consultation is the most important part of the process, as it will tell you if you have made the proper choice.

Signs that you have found great PPH lawyer include:

1. He or she listens well. You don’t want a PPH lawyer who talks at you. This is about what happened to you. If he is inattentive, or makes you feel like an idiot, you shouldn’t procure this person’s services.

2. They understand the nature of your problem. An attorney who doesn’t comprehend what you are trying to accomplish does you no good.

3. They respect your questions, and appear genuinely interested in securing a good outcome for you.

4. They explain things in a way that you can digest, i.e. devoid of legalese.

5. They seem as if they want to save you money, not bilk you of everything you will earn in the case.

6. They have a great staff that treats you with dignity. PPH lawyers rely heavily on their team, so their team is a reflection of the PPH attorney.

If all these aspects check out to your satisfaction, your last step would be to ask for references as well as a copy of their firm’s rules of operation and promo materials. These should be readily available and happily given, if not, take that as a red flag.
PPH symptoms can be crippling, and a PPH diagnosis, life changing. A qualified PPH lawyer can get you the money you deserve, and enable you to get your life on track!

You will need a PPH lawyer who can handle the case and is experienced in the field. To get the proper benefits from your PPH attorney, the Internet should be used to find an experienced PPH lawyer who has dealt with similar cases in the past. Since there are a lot of medical terms and issues to understand, finding the right PPH attorney will be critical to getting the most out of your lawsuit. Any class action lawsuit that may be filed will benefit from the right PPH lawyer knowledgeable enough to handle the case.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Are you a small business owner? You need to know this!

Immigration recently announced that a revised Employment Eligibility Verification Form I-9 is required. The legislation went into effect in July of 2008, and the new Form I-9 has significant changes.

Employers must use the amended Form I-9 (Rev. 06/16/08) for all employees hired on or after June 16, 2008. Employers who fail to use the new form after that date may be subject to penalties by Immigration and Customs Enforcement (ICE). No previous editions will be accepted. Note, employers only need to complete the new version of Form I-9 for new employees. They do not need to complete new forms for existing employees. However, they must use the new I-9 Form when their employees require re-verification.

This is all part of ICE’s new aggressive workplace enforcement strategy, which has included a huge upsurge in workplace raids by ICE in response to growing political pressure. They are aggressively enforcing laws that are already on the books, which prohibit an employer from knowingly employing an unauthorized alien.

Consequently, employers need to get ready now, so that they will be prepared when Immigration knocks on the door. Here are seven secrets to surviving an Immigration Audit:

#1 Do an Internal I-9 Audit Now. Don’t wait for Immigration to raid your workplace or to send you a letter demanding to inspect your I-9 Forms within 72 hours to first review them. Do it now. Compare your payroll with your I-9 forms and make sure that you have an I-9 Form for all employees. Make sure that they all have been filled out correctly and completely and that you have started to use the new revised I-9 Form (Rev. (06/16/08).

#2 Centralize the I-9 Process. Train 1 or 2 employees in the technical process of filling out I-9 forms. Then have them always be in charge of completing the I-9s, instead of random supervisors, who may or may not be familiar with the process.

#3 Do Not Put the I-9s in the Employee’s Personnel file. Keep the I-9 forms in a separate file. You don’t want to have to turn over your employee’s personnel files to Immigration, since they contain privileged information. (You can put a copy of the I-9 in the employee’s personnel file, if you want, but keep the originals separate.)

#4 Always Examine the Original Documents – Not Copies. It is critical that you examine the original document, “green card”, drivers license or social security card, not a copy. Make sure that you are using the revised list of approved documents, effective June 16, 2008.

#5 Copy the Front and Back of All Documents that were Examined, and Attach to the I-9. Although employers are not legally required to make a photocopy of the documents that they examined, doing so, demonstrates the employer’s good faith, and if questioned, the employer can point to what documents they relied upon, even if they ultimately prove to be fraudulent.

#6 Establish a Written Policy that Fraud in the Employment Application Process, Will be Grounds for Termination. By doing so, the employer will clearly have the right to terminate an employee if it later discovers that he submitted fraudulent documents to obtain employment.

#7 If you Receive a Social Security Mismatch Letter, Contact Your Attorney First, Before Responding. The Social Security Administration is sending thousands of Social Security Mismatch Letters to Employers, informing them that there is a “mismatch” in the names and social security numbers of some of the employer’s employees. Although a Federal Court Judge has issued a preliminary injunction preventing ICE from sending letters together with the SSA, there may be serious legal consequences for the employer. Therefore, immediately contact experienced legal counsel before responding.