Monthly Archives: November 2011

Mediation And Living Trusts

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By Diana Mercer, Attorney-Mediator, Peace Talks Mediation Services, Inc., http://www.peace-talks.com/estate.php

There are lots of decisions which go into deciding if you need a living trust. http://www.peace-talks.com/trust.php. It can depend on your assets, because ev 00004000 eryone wants to minimize their estate taxes and make their estate as easy as possible to administer. http://www.peace-talks.com/needtrust.php But there are other reasons for living trusts, too, like providing for minor children or grandchildren, providing for a special needs adult child, creating a aspendthrift trusta for a beneficiary who you believe is a little too freewheeling with financial decisions, and to avoid probate court, to name just a few of the benefits of a living trust. http://www.peace-talks.com/cost.php

A trust is a gift to your children also. Losing a parent is so stressful and trying. On the one hand, children are faced with the devastation of a beloved parent. On the other, they are overwhelmed with all of the decisions that need to be made bout thing they’d never considered.

Once you’ve decided that you want or need a living trust, there are even more decisions to make. http://www.peace-talks.com/estfaqs.php. Who will you choose to administer the trust? Who will your beneficiaries be? Will they receive equal shares? What if one dies before you do? These decisions must be made thoughtfully and take into consideration both family capability to execute these responsibilities as well as the feelings which may be hurt.

About the author: Peace talks is a Los Angeles family law mediation firm offering services including divorce mediation, Parenting Plan Mediation, Premarital Mediation in Los Angeles, Playa Del Ray areas.

Source: http://www.articlesbase.com/law-articles/mediation-and-living-trusts-1079721.html


Mismatched Social Security Numbers: An Employer’s Dilemma

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A federal district court judge from the Northern District of California ruled that the government cannot use mismatched Social Security data to root out illegal immigrants from the workforce, declaring that such enforcement actions would do ‘irreparable harm to innocent workers and employers.” Judge Breyer issued a preliminary injunction temporarily preventing the Department of Homeland Security from beginning a program to punish companies that do not clear up discrepancies between their workers’ names and Social Security numbers within 90 days after receiving a letter from Social Security advising them of the discrepancy.

What does this mean for employers? What should they do if they are faced with an employee’s name that does not match the Social Security Number? Employers have to tread lightly in California in summarily terminating employees because of discrepancies in Social Security numbers. Mismatched Social Security data could be evidence that someone is unauthorized to work, or it could also be caused by a typo or name change. If an Employer takes the position that an employee with a mismatched Social Security number is unauthorized to work and therefore should be terminated, the employer is looking for trouble.

First, the new Homeland Security provisions place a burden on employers to comply with a new 90-day time frame for resolving mismatches. The scope of the rule would have staggering effects on employers, prompting them to develop costly personnel systems and fire workers who may be legally employed, thus exposing them to liability for wrongful termination. The liability exposure for employers summarily terminating employees with mismatched numbers could be staggering.

About the author: Elizabeth A. Moreno is a mediator and arbitrator and is a principal of Centurion Mediation, LLC which provides quality mediation for less than 0 per hour at a location convenient to the parties in the Los Angeles, California area. Ms. Moreno has mediated and arbitrated over 300 matters. She is serving a three year appointed term with the State Bar of California ADR Committee. Ms. Moreno practices in the following areas Insurance, Personal injury, Employment, Business Disputes,Real Estate, Malpractice, and Residential Construction Defect.

Source: http://www.articlesbase.com/business-articles/mismatched-social-security-numbers-an-employers-dilemma-519274.html


Prepare Yourself For Mediation: Child Custody

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With custody lawyers Frederick,MD parents have an excellent option for working out the often difficult parenting plan after divorce. Child custody mediation is a process that is meant to avoid the drama and the scars of a long and drawn out court battle. Both parents work together with a third party to determine the best plan for the children.

There are a variety of mediation plans.Yours will be customized to your situation.Mediation plans can become very involved and detail every day of the year and the holidays.Other parents may be able to work together to determine some of these issues and the mediation plan is larger on scope.

Getting Ready for Mediation

When you meet with your family lawyers in Frederick,MD have an open mind. Be ready to listen to both the mediator and your spouse.If you go into mediation convinced you have the only plan it will be a difficult experience.However,if you come to the table with an open mind you can expect the process to go smoothly.

Come to mediation with all of your options written down suggest family mediators in Frederick,MD.Many parents get distracted and quickly forget what they want to say once mediation begins.Prepare notes so this does not happen to you.

Remember that this is not a replay of your divorce proceedings.The mediation process is not the place to continue to discuss spousal problems.The focus of mediation is on your children and their needs.

What to Carry

There are several items family lawyers Frederick,MD encourage all parents to bring to mediation.These items will help the process go smoothly and hopefully do away with delays.

Key to mediation is your proposal for custody of the child. This can include who the child will live with, when the other spouse has visiting rights,a plan for holidays,and other sharing issues you think might come up.

To make sure you cover all the bases with child custody it is recommended that you bring a school calendar to the mediation meeting.A school calendar will list school holidays and the dates when school begins and ends. In addition,you can bring your schedule for work and a schedule of your child’s activities.

Keep in Mind

Do not ever forget that child custody mediation is a separate process from the divorce case. Mediation determines what is best for your child.You may be tempted to discuss child support or other financial issues but this is not the time. You need to make sure that everyone present recognizes the individual needs of your children. Many times,parents go to mediation expecting one plan – a standard plan for all cases.Every mediation process is different. Therefore, the need for family lawyers,Frederick,MD parents is vital.

Family mediators Frederick, MD parents will discover will represent them through the entire mediation process.You will have a dependable advocate for you and your children during one of the most important parts of the separation process.

About the author: If you are interested to read more details about Custody Lawyers,Frederick MD or Family Mediators,Frederick MD then please visit our website www.thecustodyplace.com

Source: http://www.articlesbase.com/journalism-articles/prepare-yourself-for-mediation-child-custody-4583177.html