My Civil Advocate

Over the past decade, economic circumstances have played a major role in pension plans being frozen at a large number of corporations. Many traditional defined-benefit plans provide a monthly annuity payment to employees at retirement. A freeze on a pension plan means that the plan does not make any further additions to the employee's benefit. The traditional formula for determining benefits is based upon salary and years of service. The benefits grows larger with the numbers of years employed and with increases in salary. When a pension plan is frozen, the benefit ceases to grow and is locked in at the amount when the "freeze" occurs. A frozen pension plan will still pay benefits; it's just that there won't be as much to pay out since it was frozen. many people earn their largest amounts of income just prior to retirement. Those who are closest to retirement will see the largest portions of expected additional benefits denied them due to the pension being fro...

Probate is a legal process by which the court establishes the validity of a will; determines the value of the estate; resolves issues with payment of creditors, taxes, and other debts; and distributes assets to heirs. It also has some serious drawbacks. For one thing, probate is a public process; financial privacy goes out the window. Probate can also drag out for months, sometimes over a year, due to court hearings and other court-related matters. Last but not least, probate can be expensive. Attorney and executor fees can drain up to 5 percent of an estate's value in some circumstances. Throw in appraiser's fees and court costs, among other expenses, and heirs take a significant hit in the final estate distribution. There are a number of tools available to minimize (or eliminate) the toll probate takes on an estate. Properly designate beneficiaries or title assets so they transfer directly to beneficiaries (apart from a will) - e.g., life insurance policies, IRAs, annuiti...

Adoption can be a long and emotional undertaking. Familiarity with adoption rules and procedures can benefit would-be adoptive parents. For an adoption to be legal, the birth parents must consent to the adoption - unless they have been legally stripped of their parental rights (e.g., unfitness). Most states do not permit the parents to sign a consent form until the child is born. In some states, birth parents need to wait three or four days. Even after a child has been placed in their adoptive home, in many states the birth parents still have a window of time during which they can change their mind- a period of angst for the adoptive parents. Understandably, some states require counseling for birth parents before they sign a consent form. Prospective adoptive parents will undergo a "home study" to make sure they are fit to raise a child. A state agency or licensed social worker will investigate issues such as marital stability, lifestyle, financial situation, physical a...

Starting a family can be exciting, stressful, joyful, and daunting - all rolled into one. As with most endeavors, a little foresight and planning can go a long way. Prior to a newborn's arrival, know the facts about what and how much your health insurance will cover. Give some thought as to whether you want a doctor or midwife to provide prenatal care and deliver the baby. Choose a pediatrician before a baby's birth. In the workplace, find out how much maternity leave can be taken and how much of it will be paid. Inquire as to your employer's policies on taking time off for doctor's appointments or to prepare for adoption. Consider the steps you must take to get health insurance coverage for your bundle-of-joy-to-be. Research the safest baby products available and which ones to avoid. Is your home free of hazards? Do your homework on child safety seats. Know your legal rights to nurse in public. When returning to work after the birth, be informed on what your righ...

In most states, juvenile delinquency proceedings involve persons age 18 or under. A few states might go lower, at 16 or 17, and one state (Wyoming) sets the age at 19. All juvenile cases are civil matters, not criminal. In juvenile delinquency cases, instead of being charged with a crime, the juvenile is accused of committing a delinquent act. A prosecutor or probation officer typically gets the ball rolling by filing a civil petition, which states the charge and requests that the court determines that the juvenile has been delinquent. Juveniles have the right to attorney representation at an adjudicatory hearing (where the judge weighs the evidence in a case), but they do not have the right to a trial by jury. If a delinquency determination is made, the court has broad powers as a to what constitutes the best interests of the child and a suitable course of action. Common delinquent acts include theft, drug abuse, simple assault, and disorderly conduct, among others. Roughly ...

There are times when a person passes away and leaves behind a will that may surprise (or even shock) the survivors because of who is chosen to receive the assets. If you've been left out of a will or feel the terms of a will are unfair, there are certain instances when it may be worth challenging the validity of the will in court, such as when: Your loved one didn't seem mentally fit shortly before death but signed or made changes to his or her will during that time frame A lawyer didn't assist in drafting or executing the will (this can increase the chances that the will doesn't conform with state laws).  The will wasn't signed by your loved one or the signature on the document does not appear to be that of your loved one. Undue influence led to changes in the will. This is sometimes seen when caregivers push for changes that benefit them.  There are inconsistencies between beneficiary designations of the will and other aspects of your loved one's esta...

It's a scenario we see all too often: Let's say you're involved in a wreck that wasn't your fault, suffered some pretty serious injuries, and are filing a personal injury claim to receive compensation for those injuries. Now, let's also say that you were in an accident years ago or have some old, pre-existing injuries or conditions that you feel hurt your claim, so you're thinking about withholding that information from your lawyer. We've got some absolutely critical advice for you: DON'T DO IT! The reason why is that you can be sure that the insurance company will be digging into your past to discover any old accidents or injuries, and trust us, their investigators will find out that information and they will use it against you to minimize or deny your claim altogether. The good news is that if you share that information with your lawyer right from the start, he or she can be completely prepared to deal with those kinds of issues and can build ...

In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised. If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial...