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Appeals Attorney in San Luis Obispo

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Finding An Experienced Lawyer Whatever your legal needs are you will find that there are countless lawyers in your town that advertise they focus on your type of case. This can make the entire process of finding one with significant amounts of experience somewhat of a challenge. However, should you follow the following it is possible to define your search to the right one out of almost no time. The first step is to generate a list of the lawyers that are listed in your area specializing in your situation. When you are making this list you ought to only include those you have an excellent vibe about based on their advertisement. You can then narrow this list down by taking some time evaluating their website. There you must be able to find just how many years they are practicing and several general details about their success rates. At this stage your list ought to have shrunken further to the people that you felt had professional websites and an appropriate level of experience. You should then spend some time to search for independent reviews for each attorney. Be sure you look at the reviews instead of just relying on their overall rating. The information inside the reviews gives you a sense of the way they connect to their clientele and how much time they invest into each case that they are focusing on. Finally, you will want to meet with at least the very last three lawyers who have the credentials you are looking for. This provides you with the time to really evaluate how interested these are in representing both you and your case. It can be important to follow every one of these steps to ensure that you hire a company containing the correct level of experience to obtain the perfect outcome.

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Question About The Estate Tax?
My Parents Have A Professional Do Their Estate Planning But I Had A Quick Question Since I'M Not In The Loop (Yet). I'Ll Ask This Simply And Hope For A Simple Answer. My Grandma Passed Away And Left Her Estate To My Father. He Then Incorporated It Into His Estate. The Total Now Is About $5 Million In Cash And Property. If My Parents Pass Away And My Brother And I Each Get Half Do The Taxes Come Out Of The Original 5 Million Or Do They Say Since We Each Are Getting 2.5 Million They Tax Based On That? Say The Exemption Is 1 Million And Your Parents Have 2 Million. Do They Tax The Entire 2 Million Or Do They Tax Nothing Because Each Heir Is Getting The Exempted Amount? Thanks.

Estate tax is a federal tax imposed on a decedent's estate to the extent it exceeds the estate-tax exemption in the year of death. The number of beneficiaries is irrelevant. Using your example: if your parents' estate were valued at $2 million when the survivor of them passes, and the then current estate-tax exemption were $1 million, WITHOUT proper planning, the estate tax would be $345,800, based on a $1 million taxable estate. WITH proper planning, however, the estate tax would be $0, as both husband and wife would take advantage of their own estate tax exemption, saving the estate, and ultimately the heirs, over 345 grand!

Where husband and wife have "simple" wills, that is, all to the survivor at the first death, and then to the kids, the estate-tax exemption of the deceased spouse (first spouse to die) is wasted. Using your scenario, the surviving spouse with assets of $2 million will get only one estate-tax exemption at his or her death. Of course, if the couple were worth less than the estate-tax exemption, all of this would be moot.

That said, it is IMPERATIVE your parents work with an attorney, competent in estate planning, to make sure their documents (wills, trusts, etc) provide for the estate-tax exemption for BOTH of them. Given your reference to working with a professional, they may have this strategy in place. While HOW it's done is beyond the scope of this Q&A format, for informational purposes - or if you want to Google it for more info - it's called a Credit-Sheltered or Bypass Trust.

Estate tax was repealed for 2010, and, unless Congress acts, reverts to $1 million in 2011.

Hope that helps.

On behalf of all of your responders, who take the time and effort to help questioners in this free Yahoo! community, THANK YOU in advance for taking the time to choose your "Best" Answer. We really appreciate it.

DISCLAIMER: While the information in this response was obtained from sources believed to be reliable, its accuracy and completeness cannot be guaranteed. The opinion voiced in this answer is for general information only and it shall not be construed as tax, legal, or investment advice for any individual, nor shall it be considered a solicitation for clients. Questioners are urged to consult with their professional advisers before making any decisions regarding their finances.

Bradley Mann, CFP®, EA, BCE, CFS, AAMS
Certified Financial Planner Practitioner
Enrolled Agent | Admitted to Practice before the IRS
Board Certified in Estate Planning

"Providing sound retirement opportunities and tax-reduction strategies since 1985."

What Happens At A Consultation With A Divorce Lawyer?
What Information Will They Need, Etc?

A consultation with a divorce lawyer is an opportunity for you to decide if you want to use that lawyer or not. You can ask him/her questions about their rates and anything else you want pertaining to the divorce or about how they would proceed. It's a good way for you to compare different lawyers and their rates, and to decide whether you would have confidence in one to work for you or not. Most consultations are free, but some charge, so it's always best to make sure first so there are no surprises. You might find one you like right off the bat, but it might be a good idea to talk with a few before you decide.
You will probably just need some basic information with you for the consultation: incomes, whether you own a house or not, the date and place the marriage took place, the reason you are seeking divorce, whether there are kids involved or not, etc. You might want to have additional information with you, though, just in case, such as SSN numbers, 401k/retirement plans, stocks, savings and checking accounts, credit cards, loans and other debts. You could bring along a copy of your last year's taxes. Mostly, though, the consultation is for you to decide whether you think that lawyer is a good fit for you. If you decide to use them, they will let you know what other information they will need.

How Come Voluntary Intoxication Is A Legal Defense?
It Doesn'T Make Any Sense

It is only a defense to crimes involving a "specific intent."

Contemporary society negates criminal liability if the perpetrator does not have the "mens rea" or mental capacity to commit the crime. Voluntary intoxication negates mental capacity.

An argument can be made that the mental intent involved in voluntary intoxication was intentional; i.e., nobody forced the perpetrator to get drunk, he did that on his own. As such, he should not be given the luxury of having his impaired intent to commit the crime negate his liability.

Personally, I agree with you. I understand the law but feel that unless someone forces the alcohol down the perpetrator's throat, he should not be allowed to use intoxication as a defense. Most drunks get drunk using their personal free will to do so.

FYI, voluntary intoxication negates the intent in crimes such as First-degree murder, burglary, and larceny. There are other crimes, but those are the only specific intent crimes I can think of off the top of my head.

What Are Your Top 5 Tv Shows?
Mine: The Office Csi Law And Order Family Guy Andy Griffith

Nice another Office fan.
1 The Office
2 Ace of Cakes (don't judge me, i like cake)
3 The Daily Show
4 The Colbert Report
5 Family Guy
Really I watched a ton of TV, I could list dozens of shows I enjoy.

Huge Problem!! Experienced Lawyers Please.?
Ok, There Is This Girl, Lilly. Her Shirt Fell Down And She Hit Andrew. (My Celent.) How Can I Proof It To Her Dad And Win My Case? Here Are Details: Me And My Friends Where Hanging Out, But Soon Saw Andrew And Lilly Fighting. It Looked Like A Play Fight, But Her Shirt Was Slightly Agar. Then She Slaped Him So Hard He Cried And A Huge Print Was Left. She Ran Of Like A Scardy Cat And Into Her Room. When She Told His Mom Her Story She Lied And Sayed It Was Her Elbow That Hit Him And He Pulled Her Shird Down. I Don'T Know If The Shirt Pulled Down Story Is True Or Not, But What Should I Do?

ok talk to her and get the story and then talk to the boi to get the story from him....after that figure out who is tellin' the truth cuz i think the boi might tell the truth than the gurl.....really try to figure out wat they were arguing bout!!! Good luck!!!

Labor Laws?
Alright, I Dont Know Much About Labor Laws Or Labor Pretty Much During The Early 1900S. If Anyone Could Help Me Out, I'D Really Appreciate It.

Sadly, if you were a 6 years old then you would be part of the labor pool. They used children in textile factories and coal mines. "The National Child Labor Committee, an organization dedicated to the abolition of all child labor, was formed in 1904. It managed to pass one law, which was struck down by the Supreme Court two years later for violating a child's right to contract his work. In 1924, Congress attempted to pass a constitutional amendment that would authorize a national child labor law. This measure was blocked, and the bill was eventually dropped. It took the Great Depression to end child labor nationwide; adults had become so desperate for jobs that they would work for the same wage as children. In 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act which, amongst other things, placed limits on many forms of child labor."

Corporations could make you work for over 40 hours per week w/o paying you over time.

"The Adamson Act was a United States law passed in 1916 that established an eight-hour workday, with additional pay for overtime work, for railroad workers. This was the first federal law that regulated the hours of workers in private companies. The United States Supreme Court upheld the constitutionality of the Act in 1917.

The eight-hour day was realized for many working people in the U.S. in 1938, when the Fair Labor Standards Act (29 U.S. Code Chapter 8) under the New Deal made it a legal day's work throughout the nation."