INTESTATE SUCCESSION

If you die without a Will, your probate estate is considered to be “intestate.” In those cases, the distribution of your assets will be governed by Florida’s law of intestate succession. It is a directive of what the Florida legislature believes is a fair allocation of your estate. Unfortunately, what the state believes is fair and what you believe is appropriate are often two completely different things.

It is important to note that intestate succession only affects property in the probate estate. All jointly owned property with a right of survivorship, all accounts with “Transfer on Death” provisions and all pensions, annuities and insurance policies with properly designated beneficiaries are not affected by intestate succession, because they are not a part of the probate estate. They automatically pass to the surviving joint owners and the beneficiaries named by the decedent. Likewise, property titled in the name of a revocable trust is not part of the probate estate and will pass to the beneficiaries named in the trust.

Any property owned solely by the decedent at the time of his or her death with no contractual means to distribute it will in the probate estate and subject to intestate succession if there is no valid Will.

LEAVING A SURVIVING SPOUSE

So who gets the property in that situation? That depends on a number of factors. First, did the decedent leave a surviving spouse? If so, the following rules apply:

1. If there is a surviving spouse and the decedent has no living children or grandchildren or great-grandchildren (lineal descendants), then the surviving spouse gets the entire probate estate.

2. If the decedent has lineal descendants, and all of them are also lineal descendants of the surviving spouse, then the surviving spouse gets the first $60,000 of the probate estate and half of the balance of the probate estate. The lineal descendants split the remaining half.

3. If the decedent has lineal descendants, and one or more of them are not lineal descendants of the surviving spouse, then the surviving spouse gets one-half of the probate estate and the lineal descendants divide the other half equally among themselves.

EXCEPT FOR FLORIDA HOMESTEAD.

If the decedent is survived by a spouse and lineal descendants, then the surviving spouse will receive a life estate in the Florida homestead, and after his or her death, the title to the homestead will pass automatically to the lineal descendants of the decedent who were alive at the time of the decedent’s death (not the spouse’s death). This distribution to the lineal descendants is made “per stirpes.” This means that if one of the decedent’s children dies before the decedent, the deceased child’s share will be divided equally among the deceased child’s children.

NO SURVIVING SPOUSE

If there is no surviving spouse, then the entire Florida probate estate is distributed as follows:

1. Equally among the lineal descendants of the decedent. This distribution is made “per stirpes,”

2. If there are no lineal descendants (this means no children, grandchildren, great-grandchildren, etc.), then the entire probate estate is distributed to the decedent’s father and mother, or to the survivor of them.

3. If the decedent has no lineal descendants and no surviving parents, then the probate estate will divided equally among the decedent’s brothers and sisters and their descendants, per stirpes.

4. If we still haven’t found anyone to give the estate to, then one-half of the estate will be distributed to the decedent’s paternal side of the family and one-half to the decedent’s maternal side of the family. In doing this, we will look to the grandparents. If they are not surviving, then to uncles and aunts and their descendants.

5. If there are no relatives of the decedent, then the estate will be divided among the descendants (or other kin as described above) of the last deceased spouse of the decedent.

6. If we still can’t find anybody, then to the descendants of the decedent’s great-grandparents – but only if any of them were Holocaust victims (seriously).

7. Finally, if there are no persons to receive the estate after going through all of the steps above, then the property will escheat to the State of Florida.

As you can see, dying without a Will in Florida can cause unintended consequences and a lot of confusion.

Learn more about Florida probate and estate planning by visiting http://www.floridaprobatesecrets.com. Dean Hanewinckel has helped his Florida clients with estate planning and probate issues since 1984. He is the author of 3 books, “The Official Snowbird’s Guide To Becoming A Florida Resident,” “Manifest Your Legacy” and “What To Do When A Loved One Dies – A Survivor’s Guide.”

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Now that the Republicans are in control, some people had worried that the climate toward criminal defendants would be even more hostile. But some signs of reform are emerging from the General Assembly.

First, in 1994, North Carolina adopted structured sentencing which eliminated parole. Structured sentencing limits the way in which a judge can depart downward from a presumptive sentence, meaning that it favors harsh punishments.

As a result, while crime rates have fallen in North Carolina over the past decade, the number of people incarcerated in North Carolina’s jails and prisons has increased by 23 percent. The vast majority of the increase is the result of harsher punishments for non-violent drug crimes – drug possession, drug sales, maintaining a dwelling where controlled substances are used or sold, and so forth.

But now with a massive budget deficit looming, the Republican-controlled General Assembly is looking to lessen punishments for non-violent crimes and change certain felonies into misdemeanors.

This is the right approach. Violent felonies should be punished harshly. But non-violent crimes – where there is no victim and where there is merely the sale or possession of a drug – are costing North Carolinians billions of dollars in extra spending while achieving little in terms of safety.

Second, the General Assembly is considering introducing post-release supervision. While I don’t particularly favor creating new punishments after release, if someone has otherwise behaved properly in prison, and can be released early and placed on a supervision program, it can dramatically decrease costs and increase safety.

Raleigh criminal lawyer Damon Chetson helps people charged with serious felonies, misdemeanors, and other crimes in the state and federal courts of North Carolina. Call (919) 352-9411 for more information.

Article Source: http://EzineArticles.com/?expert=Damon_Chetson

But several Austinites have questioned the validity of the $17,000 price tag that TxDOT assigns to DWIs-enough, in fact, to prompt PolitiFact to research the true cost of driving drunk. Sure enough, the data that TxDOT relied on to create the billboard was taken from interviews with 30 people-a random assortment of DWI offenders, prosecutors, DPS employees, and more-rather than concrete data.

The video from whosdrivingtonight.com shows a brief overview of where the $17,000 went, from the tow truck to bail and lawyer payments to a license fee. It also shows other non-monetary losses that the woman suffers, like missing out on a lake trip with friends, being dumped by her boyfriend, and getting fired-all of which, of course, are not guaranteed by a DWI.

PolitiFact found that a more accurate average of the cost of a DWI would be around $13,000. However, there are dozens of variables that even that number doesn’t account for. Attorney fees, fines, and insurance rate adjustments can vary greatly from case to case. Additionally, a University of Texas mathematician who contributed to the research claimed that an accurate average cost could only be determined on a regional basis, since attorney payments and court fees fluctuate depending on where the incident occurs.

Furthermore, even the label of “DWI” could refer to an incident involving a first-time offender who didn’t cause a collision or injuries, or a fourth-time offender who caused a three-car pileup. Obviously, the price tags for these two cases would be drastically different. For the former offender, the total for a lawyer, court fees, fines, and other costs could stay in the $6,000 range.

The message at the end of TxDOT’s video is valuable: designate a driver, and avoid spending money on court costs, towing and impoundment, and alcohol education. However, perhaps it would be more persuasive if the number displayed on the billboard reflected a more conclusive study on the cost of drinking and driving. A DWI charge will inevitably take a chunk out of your paycheck, but slapping a $17,000 price tag on all DWIs overlooks a myriad of factors that play into each case.

For more information about the costs of driving while intoxicated, visit the McMinn Law Firm which helps people who have been charged with an alcohol related offense and need an Austin DWI lawyer.

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The trial of an action is not a scientific guess for the truth. Judges decide civil cases not on certainty but on probability. Judges will be able to decide after they sort through all the evidence, including the evidence of witnesses called upon to testify.

The outcome of most trials often depends from the inferences judges or juries draw after assessing the evidence as a whole.

If you have to testify in court, your testimony will be judged based on common sense and experience and on what appears to be probable.

Judges are well-trained to understand that the clothes you wear, your manners or clarity of expression are not as important as whether your story seems to the court to be more probable than your opponent’s. Usually experienced judges will follow the following routine when assessing the evidence. They start from the undisputed facts which you and the opponent accept. Then they add to those facts which are likely to be true (for example facts recorded in contracts, invoices, records or spoken to by independent witnesses, such as innocent by-standards), then they weigh the evidence of the witnesses who have a direct or indirect interest in the outcome of the litigation. They judge such witnesses to be unreliable if their evidence in any material sense is inconsistent with the undisputed or indisputable facts, or if they contradict themselves on important points. They use these objective tests to separate true from false and come to a conclusion which story seems the more probable, the plaintiff’s or the defendant’s.

Even if you have the law on your side, the wise cause of action is to avoid being overconfident. Many grave yards are full of cases that became victims of false confidence and arrogance.

To minimize your chances of losing, be ready to prepare yourself well ahead of trial. It is important to be aware of all the facts and evidence, including all the evidence your opponent is likely to adduce.

If your evidence is self-contradictory or inconsistent with the undisputed facts, you are likely to lose your case. To prevent this, you must be careful to review all relevant documents and all previous statements, oral and written.

To minimize the traumatic experience which is often associated with giving evidence in court, you must be adequately prepared so that your evidence becomes more effective. One of the best methods of preparation is to be familiar with all the relevant facts of your case; review your own notes and records carefully; examine all relevant documents; in short, work hard to ensure your recollection is as complete and accurate as possible.

For your evidence to be most effective in court you must be focused; you shall concentrate on the relevant material evidence, and steer away from irrelevant or marginally irrelevant evidence. To help you understand in your mind what relevant and not relevant evidence is, ask yourself the following two questions:

1. What are the main questions that the court has to decide? (They are referred to by lawyers and judges as “issues”)’

2. Is the evidence I am about to give directly connected or related with these questions? (If not, it is best to avoid referring to such evidence unless it is circumstantial or collateral to the main questions).

Stick to the facts and answer the questions that you are asked without too many qualifications. Also avoid giving the impression that you anticipate what is in the mind of the examiner.

You may wish to generate an outline of the important events in a chronological fashion. Try to re-live the relevant events as they occurred. A useful technique is to construct a list of specific questions based on the events you had experienced. Begin to sort out what you know firsthand and what you have learned from other sources.

Examinations of witnesses during the trial of an action are divided into the following categories: examination-in-chief, cross-examination and re-examination.

Examination-in-chief consists of a series of open-ended and non-leading questions which your lawyer will ask you about the relevant events and facts concerning the case. Listen to the question and wait until the whole question has been put before you begin to answer. If you do not understand the question, ask the examiner to repeat it. Answer the question you are asked completely, without volunteering additional information. Be precise and to the point. If you do not know an answer, do not guess; just say “I do not know the answer to that”. Do not rush. Do not argue or joke with the examiner. Be yourself. Above all tell the truth.

You may hurt your case if you are argumentative or give the impression that you are biased. Unless you are called as an expert witness (who may be asked to give an opinion) stick to the facts and avoid giving opinions. The difference between facts and opinion is this: facts relate to what you saw, heard and did; opinion relates to what you thought, inferred or guessed. When you give answers, speak toward the judge.

When your examination-in-chief ends, the opposing lawyer will begin his cross-examination which ideally should consist of a series of leading questions designed to elicit short answers, usually “yes” or “no”, but not always. Here are some fairly standard points to remember when you are being cross-examined:

• Make sure you understand the question; if you don’t understand it, say so;

• Answer the question asked. Give a complete answer, but do not volunteer any information not required by the question;

• When giving answers, use your own words, do not let words be put in your mouth; watch for false assumptions which may be rolled into the questions;

• If the question has more than one part, be assertive enough to ask the examiner which part you should answer first. Respond to all parts appropriately; if the question is confusing, your lawyer will probably object;

• Do not anticipate what the next question will be. Concentrate on the question asked and avoid outguessing the cross-examiner;

• Do not guess at an answer. If you do not know or remember, say so;

• The cross-examiner may ask you a question which cannot be answered with an unqualified “yes” or “no” answer. In such situations, be prepared to use the word “but” with the qualification “yes, but…”

• Avoid looking at the lawyer who has called you as his or her witness, as if you are looking for help or approval;

• Above all, avoid losing your temper or show that you are visibly upset;

• Avoid the temptation of trying to explain an unfavourable answer given by you; if the answer you gave was incomplete or wrong, the lawyer who has called you will have the opportunity on re-examination to solicit answers from you which hopefully will minimize or destroy the apparently harmful effect of those answers;

• You should not hedge or stall or argue with the cross-examiner; and

• Avoid giving the impression that you are too partisan or biased.

If a question is highly objectionable, your lawyer would most likely object. If this happens, stop talking; remain calm, collected and disinterested. After the argument is over, either the judge will ask you to answer or the cross-examiner will repeat the question or, if the question is ruled by the judge to be improper, you do not have to answer the question.

After the completion of your cross-examination, your lawyer will have the opportunity to ask you questions which are designed to allow you to correct or complete the answer or answers you have given in cross-examination. When you are asked such questions, listen carefully and ensure to give a complete answer which hopefully will repair any previously damaging answers or correct the wrong impression some of your answers during cross-examination have generated.

The judge may ask you questions during the examination-in-chief or cross-examination. Some judges are more inquisitive than others. Judicial interrogation is not necessarily a bad thing. But be careful not to let the judge put words in your own mouth. Be polite and courteous in your exchange with the judge, but guard against agreeing too readily with the judge’s suggestions or paraphrases unless they are completely accurate.

If you are called to testify as an expert witness, there are additional points that you should take into account. Your function as an expert witness is to provide scientific or technical information.

Whether your testimony is expected to last thirty minutes or thirty days, this depends on the nature of the case. In order to prepare for this potentially exhaustive experience, you need to be physically and mentally prepared. Proper exercise, good diet and adequate sleep will help you cope. Reduction of alcoholic consumption is also advisable. The objective is to be and feel rested and confident. Remember if you become tired and stressed out, the chances are you will start uncritically accepting the facts being put to you by the cross-examiner.

Information and Tips from a lawyer to non-lawyers http://www.self-represented.com
Author: Andreas Solomos, Barrister & Solicitor, Toronto, Canada

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As a Tech & Patent Specialist, I’ve seen quite a bit. I’ve talked to all kinds of inventors. Many solo inventors are very easily confused about the different forms of Patents available, and what they protect (or do not protect).

Patent protection actually comes in three a variety of forms. Utility Patents supply broad protection to your conventional “gadget” kind of invention, including apparatus, methods, ways of making, processes, and now even software. Plant Patents are quite only of interest to agriculturists as they protect particular strains or varieties of plants. Design Patents are worth mentioning for 2 reasons. First, Design Patents are generally utilized by fraudulent invention brokers in many Patent invention con games. Second, Design Patents tend to overlap somewhat with copyright protection. A Design Patent only covers the ornamental outward appearance of an post of manufacture and thus provides extremely narrow protection.

The following is really a brief description on the several Patent Types and what they basically protect and don’t protect. You’ll find three easy kinds of Patents: Design Patents, Utility Patents, and Plant Patents. In addition, there’s anything known as a “Provisional Patent Application” which is not a Patent, but merely a ways of holding your location in line at the Patent Office – but only for your Utility Patent Application. This post also discusses bar date difficulties and foreign filing types, for example Patent Cooperation Treaty (PCT) and explodes the myth with the “International Patent”.

A Design Patent covers the External Ornamental Appearance of an object ONLY. It does not cover the Purpose of an invention (i.e., how it works) but rather only how it LOOKS.

Obtaining a Design Patent is one thing but easy.

There are legitimate situations wherever a Design Patent could be of value. I learned how to prepare and prosecute Design Patent Applications from at Agent who is now an in-house counsel at a large sneaker company. At the time, we each had been working for your downtown law organization and he and I prepared numerous Patents for this sneaker business on their various shoes. He was a beneficial teacher, and it was a excellent education.

Design Patents appear deceptively easy. However, they’re extremely subtle. The Specification, Claims, and Drawings are all the exact same issue – the drawings! For the novice, this appears to simplify things, but should you rely upon your draftsman to prepare the application, you could be in for a globe of woe.

Deciding what to “claim” and what to “disclaim” is part on the problem. If your Design Patent drawings include too a lot ancillary subject matter, they’re to narrow in scope. Remember that so that you can infringe, an individual need to copy all the claimed subject matter. For this reason, we usually put portions of the design in dashed lines in order to broaden the scope of protection. We try to “claim” only the key features or issues in the design, instead of the entire model being a whole.

Another component with the problem is making sure the invention is totally disclosed. All views from the object need to be provided (or disclaimed) in order to “define” the invention. Submitting plan drawings without the need of six plan views including a perspective view could trigger a “fatal” §112 rejection. The correct use of shading (and knowing as soon as not to use it) can be tricky as well.

Design Patents are quite intriguing for organizations who would like to protect the appearance of their solutions from cheap knock-off artists. For solo inventors, Design Patents could be much less useful. Unless you’re genuinely creating a product or service that may be likely to become ripped off, you are able to not require Design protection. A Design Patent is really effortless to “design around” merely by altering the ornamental appearance on the object. If you have a famous product, persons would like to copy it using a look-alike. But if you have occur up using a new Design, chances are, folks can design anything similar without having a lot difficulty.

And bear in mind that a Design Patent doesn’t cover any functional aspects of an invention! Relying upon Design Patent protection being a “cheap” type of protecting an inventive thought is short-sighted.

Design Patents are a tiny portion of my practice, and I usually discourage consumers from trying to acquire them, unless they quite particular needs tailored to Design Patent protection. For this reason too, I do not have a sample price quote for Design Patents on my site. Whilst a Design Patent can sometimes be filed for much less than $1000, it all depends upon the nature and extent from the Drawings required. As this price can vary considerably, a price quote in your Design case ought to be tailor-made for every applicant.

Another product or service worth mentioning with regard to Design Patents will be the overlap with Copyright protection. Copyright protection automatically attaches to a jobs as soon as it’s reduced to a fixed medium. Copyright applies only towards the expression of an idea, not for the underlying thought itself. Thus, whilst you may copyright a book, you cannot necessarily claim copyright to the overall story idea. Copyright is similar to Design Patent protection in that you can claim copyright for an ornamental sculpture in a similar way you possibly can claim Design Patent protection on the ornamental appearance of an write-up of manufacture. At a single time, the Patent Office required you, under the doctrine of election, to select one form of protection, but such is no longer the case.

Three differences worth noting about Design Patents: First, the term of a Design Patent is 14 many years inside date of ISSUE, instead of 20 many years during the date of FILING with utility Patents. Second, although a Design Patent can claim priority from a Utility Patent, it can not claim priority from a Provisional Application. Third, if you are filing within the USA from a foreign “Industrial Design” software package (or equivalent), the deadline for filing from the USA is SIX MONTHS from the overseas filing date (as opposed to 1 YEAR for Utility Patents.

Utility Patents are the conventional “gadget” Patents that nearly everybody is familiar with. Utility Patents are considerably much more expensive to obtain, as they require a complete description (Specification), drawings, and most importantly, CLAIMS.

The Claims of a Utility Patent describe the metes and bounds of one’s “intellectual property” and can be extremely tough to draft and prosecute, even to your skilled Agent. For this reason, it is a great concept to secure the services of the qualified Agent in preparing and prosecuting a Patent Application. A Patent with weak or narrow claims is not worth paying the trouble fee on.

Traditionally, Utility Patents had been informally broken down into 3 groups: Mechanical, Electrical, and Chemical. Having a background in Mechanical and Electrical Engineering, I pretty much limit myself to Mechanical and Electrical Patent preparation and prosecution. Chemical Patent procedure has some certain features finest left to individuals who specialize in that field.

The Patent Office now officially recognizes Software and Methods of Creating Firm as Patentable subject matter as well. I have written a number of Patents in this area, for instance a single on the initial Web Ways of Creating Firm Patents (Internet Couponing).

The term of a Utility Patent is commonly 20 years within the date of filing on the first software (under the new rules, you will find nevertheless some older cases “grandfathered in” under the old rules). It is possible to file a U.S. Software program from a foreign application within 1 YEAR with the filing date of the foreign application.

Don’t just rely on random articles. Take the time to learn more about how to file patent applications online.

An inventor and patent enthusiast.

Article Source: http://EzineArticles.com/?expert=David_Gary_G_Marques

With a website being accessible to anyone, a website owner has no control over who accesses the site or how the information on the site is used. Not only do terms limit liability of the site owner they also, in most instances, form a contract with a user or visitor to your website. Essentially every website that provides any type of goods or service should include terms and conditions governing the payment or delivery of that good or service and in the instance of sale of a product or service on a website, the visitor or customer should be required to click to accept these.

Website terms and conditions are essential for a number of reasons. First with the commercial reality that when there is business online, and with potential clients anywhere in the world, by having terms that are clearly outlined, the governing law will be on the website owner’s terms and according to their country jurisdiction so there will be no ambiguity despite location of any buyer of goods or services. Another important note following this is that regulations differ from one country to another so the website owner will need to ensure their terms and conditions comply with the laws in their country.

When a website is providing any type of goods or services, it is absolutely essential to outline how and the terms upon which the goods and services will be provided; this may be as simple as conditionss of shipping or as complex as outlining specifics for a security trading account. These terms and conditions will also need to outline the extent of the website’s liability for these goods and services. A common example of this is when goods are provided, the website will be responsible for them while in their possession, but at the time of shipment onwards it is then the buyers responsibility. Other related terms of sale would also be included in the conditions of this type of transaction such as, for example, terms of return of goods, if any, and warranties on the goods or services.

With the worldwide accessibility of websites and website owners being willing to do business with any customer, websites owners should attempt to minimize any possible risks that are posed no matter how foreseeable and wherever possible through strongly worded website terms and conditions.

Want to know more? Click here for Free information on Website Terms and Conditions. Australian legal agreements and forms from http://Legal123.com.au

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Hopefully, these tips and pointers will start you down the proper road to hiring a lawyer that will represent you well. When looking for an attorney, consider the following:

1) Make sure the attorney you hire has experience with your type of offense. Defending a felony narcotics possession is very different from defending a DUI. When interviewing an attorney, be sure to ask you much experience he or she has with your type of case.

2) Talk to your friends. It may be possible that they know somebody who has had to hire a criminal defense attorney. A referral is an excellent way to meet a good attorney as the referring person can let you know how the attorney did on all aspects of the case.

3) Any attorney you are looking to hire should offer a free initial consultation. This might be 10 minutes on the phone if you are in custody or 30 minutes if you are able to meet in person with the attorney. Do not hold back – be very upfront and honest about your situation. If you aren’t providing full disclosure, it can negatively impact your case and cause extra expense. Be wary of any attorney that will not provide a free initial consultation or demands payment for this time

4) During the initial consultation, ask who will be handling your case. Many high profile criminal defense attorneys have their associates do all the work. You may be okay with this but many people want the attorney they speak with to handle their case directly. In general, the more well known the attorney is the more likely he or she will be less involved in your case.

5) Make sure the terms of the engagement are clearly spelled out. Be sure to ask what the rates are for negotiating a plea agreement and any other stages up to and including trial. Rates can vary dramatically from attorney to attorney and you can avoid a big surprise by asking about them up front. An up front retainer fee after the initial consultation is usually required. This fee may be many thousands of dollars depending upon the offense with which you are charged.

6) Most importantly, make sure you are comfortable with the attorney and the firm. You will be working with these people on a very intimate part of your life. Feeling insecure about the working relationship will do nothing to help you or your mental health. Listen to your gut. If something feels off, keep shopping for an attorney until you are sure you can be completely comfortable with him or her.

If nothing else, these tips should give you a starting point to begin looking for a lawyer to professionally and effectively represent you. If you have had an unfortunate run in with the police, take the first step and call a criminal defense attorney as soon as possible.

Many websites provide additional information on the topic of criminal defense attorneys. One such site worth visiting is http://www.CivilRightsPA.com.

Eric Parish independently author’s articles for WebDrafter.com, Inc. ( http://www.webdrafter.com ) for search engine marketing. The views and opinions expressed in this article are those solely of the author, and not of any other person, company, or organization. No guarantee or warranty, express or implied, is made regarding the accuracy, fitness, or use of the content herein.

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With a few preventative steps, you can protect your website and your business.

First, make sure that you own any content on your website. The owner of the copyrights to content is the creator of the content unless there is a written agreement transferring the ownership. If someone else has written any materials, done any design work, or taken any photographs, get a written agreement transferring those items to you.

Next, if you are in a competitive industry where this type of copying is common, you should register your website’s copyright with the United States Copyright Office. You also should keep the registration up to date. It is easy to add additional materials to online works and most websites are updated on a regular basis. When new content is added to the website after the copyright registration is filed, that new content is not automatically added to the copyright registration. Rather, a new registration must be filed which indicates that it covers the new materials.

If your work is very valuable, or if you have a particular concern about copyright infringement, you might inquire with your technology consultant about the availability and cost of software that prevents others from copying your website content. Another helpful technology is software that detects copying by searching the internet for content that is substantially similar to your content.

To help address pervasive copying of online works, the Digital Millennium Copyright Act (“DMCA”) went into effect in 1988. The DMCA provides a process for removing unauthorized works from the internet. Specifically, the DMCA provides a safe harbor to internet service providers and website operators who did not directly infringe on a third party’s copyrights, did not have actual knowledge that the material was infringing, did not receive financial benefit directly attributable to the infringing activity and respond expeditiously to a proper notice to remove the material. [i]

To understand the DMCA, it is helpful to understand who is involved in displaying a website on the internet. In order for a website to appear on the internet, several service providers are involved: (1) the website operator or owner (whoever actually controls the content on the website); (2) the internet service provider, also known as the “ISP” which provides the website operator with access to the internet; and (3) the domain name registrar, which provides the uniform resource locator (“URL”) or domain name to the website operator. GoDaddy.com is a well-known domain name registration company.

When a website has stolen your content, you can have a DMCA notice sent to the internet service provider who acts as the host of your website. The ISP has the ability to control the website operator’s access to the internet. The ISP is often confused with the domain name registrar. The domain name registrar has control of the web address, but not the content. The domain name registrar is not in a position to remove the website from the internet, even if the website is infringing your copyright. The ISP does have that control and will usually be responsive to a DMCA notice.

Typically, a properly prepared DMCA notice will result in prompt removal of the infringing material. Sometimes, dishonest website operators move the content to a new ISP rather than permit the ISP to block their access to the internet. In such cases, send a DMCA notice to the new ISP and repeat the process until the website operator gets tired of moving its website from host to host. A website may experience intermittent downtime if it is forced to move hosts.

In extreme situations, you may decide to send a DMCA notice to the ISP and also file a lawsuit against the website operator who intentionally copied your content. A copyright must be registered before a lawsuit can be filed.

Although protecting online works can require diligence on your part, the laws and technological tools do make it manageable. Familiarize yourself with the preventative measures available and, in the event of an infringement, to work closely with an attorney familiar with both intellectual property laws and internet laws.

By: Maria Crimi Speth

About the author: Maria Crimi Speth is an IP attorney and is a shareholder in the Phoenix business law firm of Jaburg Wilk. She heads the intellectual property law department and assists client with trademark, IP law and Internet issues. Maria is a frequent speaker on intellectual property law and is the author of the book, Protect Your Writings, a Legal Guide for Authors.

This article is not intended to provide legal advice. Always consult an attorney for legal advice for your particular situation.

Article Source: http://EzineArticles.com/?expert=Maria_Speth

STEP ONE. GATHERING INFORMATION. Before contacting the necessary parties to administer the estate, you will need to collect the following information:

1. Order Certified Copies of the Death Certificate. These can be ordered through the funeral home or from the Health Department of the county where the decedent died. Florida has 2 types of death certificates: the “Long Form,” which includes the cause of death, and the “Short Form,” which does not show the cause of death. Any death certificate filed in the public records of the State of Florida cannot, by law, contain the cause of death. You should order one short form for each county in which the decedent owned real estate and one for filing in the probate proceeding.

2. Full Name of the Decedent.

3. Social Security Number of the Decedent.

4. Locate any Pre-Paid Funeral Arrangements.

5. Locate all Statements and Check Books for any accounts jointly owned by the decedent and a third person.

6. Locate any Burial Instructions or writings related to the decedent’s funeral and memorial service preferences.

7. Biographical Information of the Decedent for composing the obituary.

8. Locate the Decedent’s Estate Planning Documents. – Last Will and Testament, Revocable Trust or any other type of trust (such as Irrevocable Life Insurance Trust, Charitable Trust or Asset Protection Trust).

STEP TWO. INITIAL CONTACTS.

1. Contact Social Security. You will need to inform them of the death. If monthly benefits were being paid by direct deposit to decedent’s bank account, do not remove any funds received for the month of death. Social Security will remove any excess payments. The local Social Security Administration office will usually schedule an appointment with the surviving spouse to determine if he or she is entitled to additional benefits as a result of the death.

2. Contact the Funeral Home and persons conducting the memorial service to make arrangements.

3. Contact Relatives and Close Friends to inform them of the death.

4. Contact Decedent’s Attorney for help regarding estate matters.

5. Contact Life Insurance Companies. Determine the beneficiary (some insurance companies will not give any information to anyone unless they are the beneficiary or they have been appointed as personal representative by the probate court), request the forms necessary to apply to receive the death benefits. If there is no living beneficiary or the beneficiary is listed as decedent’s estate, distribution of the death benefit will likely require probate.

6. Contact Decedent’s Employer or former employer for possible group insurance, pension or other benefits.

7. Contact the Veterans Administration or Civil Service Office of Personnel Management if decedent was a veteran or an active or retired employee of the Civil Service. If the decedent was retired military, also contact the Defense Finance and Accounting Service Casualty Assistance Line to report the death and check for survivor annuity. Surviving Spouse will need to provide a copy of the marriage certificate.

STEP THREE. GATHER INFORMATION REGARDING ESTATE ASSETS AND LIABILITIES.

This is usually undertaken by the personal representative of the decedent’s estate or the successor trustee of the decedent’s revocable trust, although a substantial portion of this information may be obtained prior to appointment.

1. Obtain Contents of Safe Deposit Box. If the box is titled in joint names, the survivor has an immediate right of access. If only the decedent owned the Safe Deposit Box, an interested party may have to petition the court to gain access. If this is the case, the law will only allow the person to initially remove the Will, a deed to a burial plot or burial instructions, and life insurance policies (may be given to the named beneficiary only). The person granted access may examine the contents of the box and make an inventory.

2. Statements and records of bank accounts (including checkbook).

3. Brokerage Account Statements. You should obtain the most recent statement and the last year-end statement for each account, including IRAs and retirement plans.

4. Deeds, property tax bills and printouts of the County Property Appraiser for any real property the decedent owned. If any of the properties are encumbered by a mortgage, you should obtain a copy of the mortgage and the most recent payment statement or coupon book.

5. Any Stock or Bond Certificates in possession of the decedent.

6. Insurance Policies on the life of the decedent.

7. Automobile Title Certificates or if there is a loan, the vehicle registration.

8. A List of Personal Property and any insurance policies on valuable items such as jewelry or art.

9. Income Tax Returns for the last 3 years.

10. Any Gift Tax Returns (IRS Form 709) filed by the decedent.

11. The most recent credit card statement for each credit card.

12. Any Promissory Notes or other evidence of loans or debts owed by decedent.

13. Medical Bills.

14. Funeral Bill and evidence of payment (receipt or cancelled check).

STEP FOUR. IDENTIFY AND VALUE THE DECEDENT’S ASSETS.

1. You should make a list of all of the decedent’s assets and determine their date of death value.

2. You should determine the ownership of each of the assets: Individual, joint tenancy with right of survivorship (or tenancy by the entireties if owned with a spouse), assets owned by the decedent’s trust, and assets with designated beneficiaries (life insurance policies, IRAs, annuities, transfer on death, etc.).

STEP FIVE. OPEN ADMINISTRATION PROCEEDINGS.

1. You should retain a probate attorney and file a petition for probate for any property owned solely by the decedent in his or her individual name and without any contractual method of transferring title (such as a beneficiary designation). The type of petition you file will depend on the circumstances of the estate including the total value of the assets in the probate estate, whether the will directs formal administration, and whether there are outstanding debts of the decedent at the time of his or her death.

2. If the decedent had a revocable trust, the successor trustee as named in the trust, must be appointed and obtain authority to manage and administer the assets of the trust. This is usually accomplished by the successor trustee presenting the trust (plus all amendments) to the relevant parties with a written statement that he or she has accepted the appointment of trustee. The first action of a newly appointed successor trustee should be to file a Notice of Trust in the county where the decedent resided or owned property.

STEP SIX. PRESERVE THE ASSETS OF THE ESTATE.

The Personal Representative or Successor Trustee must take action to preserve the value of the assets of the probate or trust estate. Some actions include:

1. Take possession of personal property, stock and bond certificates and real property for safekeeping.

2. Manage the investment of securities, accounts and money to preserve their value.

3. Maintain or obtain insurance on the estate’s properties.

4. Pay mortgage payments, property taxes and assessments as they come due.

5. Cancel the decedent’s credit cards and lines of credit.

6. File claims for insurance of which the probate estate or trust is a beneficiary.

7. Obtain a federal tax identification number for the probate estate or trust.

8. Open a checking account for the estate (probate or trust).

STEP SEVEN. DISTRIBUTE AND TRANSFER THE ASSETS; CLOSE THE ESTATE

1. Pay the debts of the decedent. The personal representative or trustee is responsible for determining what debts the decedent had at the time of his or her death, verifying the validity of those debts and paying the debts. This process can create liability for the administrator and should be done only with advice from counsel.

2. After the debts are paid, the personal representative or trustee must then determine the identities of the beneficiaries and distribute the proper share to each. Real estate and securities may have to be liquidated to effect a proper distribution.

3. For property owned jointly with the decedent with a right of survivorship, usually only evidence of death of the decedent and proof of identity of the surviving joint tenant(s) are required to title the property in the surviving joint tenant’s name(s). For real estate, a certified copy of the short form death certificate should be recorded in the public records of the county where the property is located to provide evidence of death. If applicable, an Affidavit of No Florida Estate Tax Due should also be recorded to clear the title from any potential estate tax lien.

4. The personal representative or trustee is responsible for filing all applicable tax returns and paying any applicable tax liability. This may include filing the federal estate tax return (IRS Form 706) and filing income tax returns for the estate while it remains open (IRS Form 1041).

It is important to note that the steps described in this article are basic and space prevents it from going into depth. Not all estates will require every step I have listed and some may require much more. This checklist is provided only as general information for education purposes and is not intended to provide specific legal advice. You should seek advice from competent legal counsel in Florida.

If you need more detailed information about settling a loved one’s estate, the author has written a comprehensive guide, What To Do When A Loved One Dies – A Survivor’s Guide. Visit http://www.floridaprobatesecrets.com/e-book for more details about, this valuable E-Book. Dean Hanewinckel is an attorney in Southwest Florida who has helped his clients plan and administer their estates for over 25 years. In addition to the E-book described above, Dean is the author of 2 other books, “The Official Snowbird’s Guide To Becoming A Florida Resident” and “Manifest Your Legacy,” both available on Amazon.

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If a barter was made, regardless if it was made from something physical like a building or intangible like services through the internet, it is considered a barter. A taxpayer must report all bartering that has occurred. In order to do so, there is the 1099-B Form- Proceeds from Broker and Barter Exchange Transactions. This filing is to be done yearly by the clients or members that partook in the bartering, reported to the IRS.

Bartering income is the value estimated in dollars on the goods or services received or bought. It is the same as using money to receive or “sell” the goods or services. Because it is considered identical to real dollars, the barter amounts are to be reported on the 1099-B Form. There are a lot of people who are unaware that the IRS wants their share in any bartering because it is still a form of “cash” and all cash is taxable. For an example if a person trades a car for a camper, it is considered a barter so the IRS wants to know the value of both the car and camper so as to figure out the amount of taxes owed.

The rules for reporting bartering may vary depending on which form of bartering took place. Most bartering is reported on the 1040 Form Schedule C- Profit or Loss from Business with the 1099-B Form. There are other forms that are also used to file bartering: there are the forms 1065 for Partnerships, Form 1120 for Corporations, or 1120-S for Small Business Corporations. Check with the IRS website under Business for more information regarding filing for bartering or if you have any questions that need to be answered. Filing a return that involves bartering could be a tricky part of filing taxes, but it is to be done correctly so make sure to do your research thoroughly. Many taxpayers are unaware that bartering is the same as “cash” and can get penalized for not filing it correctly to the IRS, so make sure to keep all the proof that is needed to verify barter exchanges.

Robert L. Daniel and partners of Limon Whitaker & Morgan, for years have helped businesses and individuals Nationwide, with their delinquent IRS & State tax problems. The firm is based in Los Angeles, California USA. http://www.limonwhitaker.com/ Tel:888.321.2430

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