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Recent Blog Posts
Choosing a Legal Guardian: One of the Most Important Decisions a Parent Makes
Making legal plans to ensure that your family is taken care of in the event of your death is not an easy subject to consider. It can be even more difficult for those who are parents of young children.
Although none of us want to think that we will not live long enough to see our children grow up into adulthood and have children of their own, the sad fact is that many parents pass away when their children are still minors. Therefore, it is important to have these plans in place, including who would be the legal guardian to your child in the event both of his or her parents die. If you do not make the decision while you are still alive, the state will make that decision when you are gone.
Often, when parents are having the discussion over who should be the legal guardian of their child, they disagree. The father may want a relative from his side of the family, while the mother may think one of her relatives would be the best choice. However, there are certain questions that parents can ask themselves as they make their list of the pluses and minuses for each of their choices.
Who Owns the Company Tweets?
In today's world, the majority of businesses have at least one social media account—if not several. In large corporations, there is typically an entire department—such as the PR department—which handles the company's social media postings. Or, a corporation may outsource to an advertising agency to handle those types of duties. Small business, however, typically delegate social media duties to an employee. However, what happens when or if that employee leaves the company? Who owns the rights to that social media page?
One Illinois company is suing a former employee who refused to turn over information from the social media accounts that he oversaw when he worked for the company. The company claimed that the employee was illegally holding onto information that belonged to the company. They also claimed that he was breach of the non-compete contract he signed, as well as in violation of the Illinois Trade Secrets Act.
When Divorce is a Mistake
Making the decision to divorce can be difficult. For many people, the decision arrives after a long, drawn out period of unhappiness. For others, the decision may be a quick, matter-of-fact determination that the marriage is over and they want to legally end it. Still, no matter how couples arrive at the decision to divorce, it is not uncommon to second guess the decision once the papers have been filed and the process is started.
Statistics show that approximately 13 percent of couples who are separated eventually reconcile before divorcing, and another 10 percent of divorced couples eventually remarry each other.
Recently, a New Hampshire couple made the news when they attempted to get their divorce vacated. The couple was married for 24 years before their divorce was granted in January 2014. The divorce became final in July 2014. However, in March 2015, the couple petitioned the NH court to vacate the divorce, leaving them legally married again. The family court ruled against the motion to vacate. The couple appealed to the NH Supreme Court, which upheld the lower court's decision.
Tips for Purchasing Your First Home
One of the most exciting experiences for a person or for a couple is the purchase of a first home. After years of working hard and saving towards that down payment, it can feel very rewarding to actually sign on the dotted line and become a homeowner. However, the process is not without the occasional hiccup—and headaches. Therefore, following a few tips can help the purchase go smoother.
What is Your Credit Score?
One of the first steps a potential home buyer should take is to check his or her credit. Financial institutions put a heavy weight on a person's credit score when it comes to deciding how much—or if—they will approve a mortgage.
To begin, request a copy of your credit report from the three major credit reporting agencies and look over these reports carefully. Examine your credit reports for any errors. Look for any unpaid accounts or accounts sent to collections. It is not uncommon for a person to apply for a mortgage and then discover that they have an unpaid credit card or utility bill from years ago. You may have forgotten the debt, but the mortgage company will look at those types of entries unfavorably.
How to Stop a Zombie Bank Account
Millions of people take advantage of the convenience of online banking and bill paying, including setting up automatic withdrawals from their checking accounts each month. In many cases, it is done out of convenience. However, with some creditors, automatic payments may also be part of the stipulation for repayment, as in a loan repayment plan. When a person dies, and his or her bank accounts are closed, one would think that these automatic payments stop. Yet this is not always the case. Many families find that months later, they are dealing with "zombie bank accounts."
When a person opens up a checking account, he or she is given disclosure paperwork by the bank. Often included in those disclosures is the bank's right to reopen a closed account if a debit or credit arises. Banks do not have to decline the transaction. Moreover, they are also not required to notify the customer that an account has been reopened.
Protection Against Employee Lawsuits
Under federal and state laws, and employee can sue his or her employer for age discrimination, disability discrimination, racial discrimination, and sexual harassment. An employee can also sue for retaliation, which appears to be increasing more and more.
Allegations of discrimination or misconduct can cost a small business owner thousands of dollars to defend against. Moreover, if the employee is successful and wins his or her lawsuit, it could spell financial disaster for a small business and literally put an owner out of business.
National statistics reveal that approximately 100,000 employee claims are filed against employers every year. However, there are steps that businesses can take in order to help protect themselves against a disgruntled employee.
Can Certain Behaviors Predict Divorce?
It would be wonderful if we had a crystal ball to look into the future and see if the person we select as our spouse is really the one who will lead us into happily ever after. Of course we cannot see into the future, which may explain why almost half of all marriages end in divorce. There are, however, behaviors that couples exhibit which psychologists say could be a strong indicator on whether or not a marriage may last.
The predicting behaviors come from data collected from several studies. In one study, researchers counted how many time these four behaviors occurred during a 15-minute conversation between a couple. Using that data, along with questions about the relationship, researchers were able to predict which marriages would endure and which ones would end in almost 95 percent of the couples they interviewed. The research team used information from a 14-year study which included 79 couples. Twenty-one of the couples divorced during the study's time span.
The Eviction Process in Illinois
Many people invest in rental property with the idea that the income the property generates will help with current living expenses and will be a source of income when the owners are ready to retire. Moreover, the majority of renters are good tenants who pay their rent on time and are respectful of the property they are renting. However, what happens when a property owner has a tenant who does not pay their rent or destroys the property? What are a landlord's options?
When a landlord is having an issue with a tenant and wants the tenant out of the property, then he or she must first determine whether or not he or she even has the right to evict. You cannot evict a tenant just because you do not like him or her. This is especially true if there is an existing lease.
A landlord can petition to have a tenant evicted if he or she refuses to leave after the lease has expired. A landlord can also petition to have a tenant evicted if he or she has not paid rent. One exception to note in this situation, however, is there are incidents where a tenant refuses to pay the rent because of the landlord's failure to make repairs, or for other valid reasons. If this is the case, then the tenant must place the funds in an escrow account and notify the landlord of what he or she is doing and why.
What Happens to an Illinois Estate When There is No Will?
Drawing up a will is something that most people know they should do. However, for one reason or another, many never get around to doing it. Moreover, when they die, it often leaves major legal issues for their loved ones to sort out.
When a person dies without a will, it is referred to as intestate. We hear story after story about families locked in major battles over a family member's estate, which often results in a manner that the deceased person would not have wanted. The only legal choice, however, is the one made by the court because there was no will.
This is the case with the estate of the late granddaughter of actor Morgan Freeman. Last August, the 33-year-old woman was stabbed to death. Her estate included a condo, worth approximately $800,000, that Freeman had purchased. When the young woman was murdered, she was not married, nor did she have any children or siblings. She also died intestate. According to New York law, where the young woman lived, her estate will go to her mother and father because she did not have a will.
U.S. Copyright Laws
A federal judge recently ruled that when it comes to a copyright of a photo—or any other document—a monkey cannot own the legal rights. Yes, you are reading that correctly. The plaintiff in this case was a monkey.
The Copyright Act of 1976 is the federal law under which copyrights are protected. There are no state copyright laws, as these laws are prohibited under the Act. The law protects "works of authorship" and includes the following:
- All stages of architectural works;
- Audiovisual works and motion pictures, which can include documentaries, interactive multimedia, movies, television shows, television ads and training films.
- Choreographic works;
- Dramatic works such as operas or plays;
- Graphic, pictorial, or sculptural works. The types of works that fall under this category include cartoons and their characters, drawings, graphic art, maps, paintings, photographs, statues, and stuffed animals;
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