Don't Be Like Anna Nicole Smith and Teri Schivo!

If you are like 70% of the population, you dont have a current will even though 100% of us are going to need one. High profile cases such as Smith and Shivo are good reminders why it is so vital to have a current will that says who you would want to raise your children in case of your death and what kind of medical care you want if you can no longer communicate your wishes. There is NO reason to create the kind of drama, fighting and expense that we have seen in these two unfortunate situations. The simple solution is to have a will and health care directive. It is the last love letter you leave your family.

When I was in law school I was horrified to read all the cases about parents who died in accidents, leaving behind minor children but no directions as to who was to raise them. What almost always happens is that the custody battle between the grandparents results in such hard feelings that the winner cuts the losing side of the family out of the childrens lives. Imagine the shock of suddenly being an orphan and now you have lost your grandmother, grandfather, aunts, uncles and cousins on one whole side of the family. If you think about nasty custody battles in divorce cases you can imagine what happens when parents die without a current will. Imagine losing a child and the ONLY connection you have to your dead child is your grandchildren. Each side of the family wants custody and if you dont have a will the only way custody will be settled is in court. TOTALLY UNNECESSARY!!!

As a family law attorney I have seen some really ugly divorces. The LAST thing either side wants is to leave everything they own to their ex but that is what happens when a divorced parent dies. The minor children will not be able to take the life insurance policy, business, house or 1968 Camaro so it follows the child to the surviving parent who gets custody of the children and complete control over the dead parents estate. Wouldnt you rather have a trusted family member in charge of doling out your money to the children as they need it?

I know what you are saying, I have other more pressing things to spend money on than hiring a lawyer to do my will. I will get around to it later. I can appreciate not wanting to spend $500 on a will (Consumer Reports says the national average is $500 for a will). So how about an easy solution that will cost a lot less than $500 and give you and your spouse your own wills and updates each year, access to lawyers 24 hours a day, whenever you need one for any reason. From now on when you have a legal question you will have a toll free number for unlimited free consultations with lawyers in every area of the law, in every state in America. If they lawyer thinks a phone call or letter will solve your problem, they will do that at no extra charge. You will fax them everything BEFORE you sign important documents so YOUR lawyer is protecting your interests. You will have lawyers to represent you for defensible moving violations in and outside of your state and if you have teenage drivers or drive like a teenager yourself you will want the protection of having a complete defense should you or any family member be charged with vehicular manslaughter or negligent homicide (think of the old man in Santa Monica who ran over those 10 people in the farmers market or singer Brandy who just killed someone). As long as there are no drug or alcohol allegations, you have a free defense. NO car insurance covers criminal defense if someone dies in a car accident. You have prepaid hours if you are sued, 50 hours of tax attorney time if you are audited, 25% off attorney fees for uncovered matters and nighttime and weekend emergency access to attorneys within 3 rings, again on a toll free number.

What is this amazing thing? Pre Paid Legal insurance. When I saw it I immediately bought it for my family and so can you. For less than a bottle of water a day, you and your family will have the kind of security and peace of mind that has only been available to the wealthy. If you have minor children and no will, act now! As a lawyer I am very aware of how our legal system works. You only get the legal help you can afford. I would rather be rich and guilty then poor and innocent. Until I learned about legal insurance I was convinced that there was no such thing as liberty and justice for all, only for those who could afford it. Now I know the words in the Pledge of Allegiance is true, if you have legal insurance.

Ms. Rachman has been an attorney since 1996 and has been disturbed at the fact that when it comes to justice you get what you pay for. For those who are interested in the idea of protecting your children by doing your will, get more details on my "Homework" page at http://www.divorce-inaday.com

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Lawsuit Loans Help Keep Cases and Lives Financially on Track

Lawsuits can help victims receive compensation for pain and suffering caused by negligent acts. But cases can drag on for years, making it difficult for plaintiffs to survive financially until they receive their settlement. That's where lawsuit loans can help.

Lawsuit loans are a unique brand of financing that can be a lifesaver to plaintiffs who are struggling to maintain their finances. They provide a cash advance on expected future court settlements, which can help them meet their immediate financial needs. Most lawsuit loans are used to pay for medical expenses of those who don't have health insurance. But the funds can be spent on anything, including mortgage payments, car notes and daily living expenses.

Interestingly, there's no lending actually involved with lawsuit loans. That's because theyre technically a form of "non-recourse" payment. Repayment on lawsuit loans isnt due until after your case has been settled. In fact, many attorneys add the cost of this funding into the basic reimbursable costs of the suit when determining damages.

If you don' win your case, you don't have to repay the advanced funds. Neither does your attorney or anyone else. So, essentially, companies providing lawsuit loans assume all the risk-not you.

Qualifying for Lawsuit Loans

While personal injury cases are the most common litigation used with lawsuit loans, many kinds of cases qualify for this type of financing. They include medical and legal malpractice, wrongful death, wrongful termination, breach of contract, sexual harassment, employment discrimination and product liability.

In terms of personal qualifications for lawsuit loans, there are none. Because no actual lending takes place, the standard items for loan approval-such as a credit check and employment verification-aren't required. Instead, companies that provide lawsuit loans base their selection on the merits of the cases they choose. Their goal is to support strong cases with the most likelihood of winning.

For these companies, lawsuit loans are purely an investment tool. If you lose your case, they'll walk away with nothing. But if you win, they'll have a legal right to share your settlement. This right is based on the lien that gets placed on your case to secure your lawsuit loan. The lien gives the financing company a legal claim to be repaid when your case is settled.

Given the high risk involved, the companies financing lawsuit loans charge a significantly high fee for the services they provide. Their fee can amount to up to 15 percent of the settlement amount. This may seem like a hefty percentage. But if your case wins, you'll probably walk away with more money than you would have if you settled early-even after repaying your lawsuit loan.

Exactly how much money can be provided for lawsuit loans? The actual amount depends on the underwriting requirements of the financing company. However, most companies funding lawsuit loans will pay up to $500,000.

Why Lawsuit Loans?

Lawsuit loans can be a viable option for plaintiffs who are straining to make ends meet until their case settles. Many of them lack access to outside funding and are desperately trying to survive. Their family many not be able or willing to lend them cash to tide them over. They could get money from their home equity loan or line, but this could jeopardize their house. And they may not qualify for traditional bank financing because they lost their jobs due to their injury or other circumstances.

However, lawsuit loans can make a world of difference in their case and lives. Here's how: People pursuing personal injury and other cases are often at a disadvantage in the legal system. Companies with deep pockets can afford to extend cases in an effort to "wait out" plaintiffs who are in dire need of funds to meet their living expenses.

As a result, litigants often give into the pressure of their financial hardships and opt to settle early for much less than they deserve. Lawsuit loans help to fill the gap. They provide the financial wherewithal for plaintiffs to survive as they wait to receive their settlement.

Could a lawsuit loan benefit you? It could if you are out of work , struggling to meet your living needs, can't qualify for a traditional loan or are considering filing bankruptcy.

Lawsuit Loan Companies

Most providers of lawsuit loans are relatively easy and straightforward to work with. Normally, there are no up-front or out-of-pocket fees to apply for lawsuit loans. Here's how the process works: You consult with a company that provides lawsuit loans regarding your case and requirements. Then the company will contact your lawyer, evaluate the details of your case and let you know if you qualify for financing. And once all the paperwork has been completed and a lien is placed on your case, the funds will be sent to you directly by check.

Companies that provide lawsuit loans maintain a hands-off policy concerning the legal strategy of your case. They don't attempt to offer any legal advice, as their main focus relates to funding issues. Therefore, your attorneys will retain complete control over your case and any relevant legal matters.

Lawsuit loans can be a lifeline for litigants struggling to keep their finances afloat while their case settles.

David Springer is a consultant for Sovereign Funding Group. Sovereign Funding Group is an experienced, reputable company that offers convenient, no-risk services to help you with the selling of your deferred payments and business financing, including lawsuit loans.

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Trust, Tax Morale and Corruption

It is often argued that tax evasion is widespread. The problem is that a high level of tax evasion reduces governments ability to implement important reforms and provide adequate public goods. Thus, revenue needs are an important issue. Many discussions of tax specialists have shown that tax morale, the intrinsic motivation to pay taxes, is a key determinant to explain the level of tax evasion.

It is important to have social capital in terms of mutual trust and honesty in the transitional deregulation and privatization process. It is interesting to analyze tax morale as individual often is not aware of taxes before or had no perceptions regarding the tax burden. Thus, it might be useful not to focus on tax evasion alone but to go a step back and to analyze tax morale as a dependent variable. Tax specialists argued that it is not surprising to see taxpayers resistance movements in the reform process when they are taxed for the first time. The undeveloped tax administrations like us, mostly engaged in cash management, are not prepared to do their work in a modern income tax system. A main problem is the lack of managerial skills and experience of the tax administration with market-oriented taxes. Furthermore, as tax collectors are not salaried well, no quality personnel can be attracted. Thus, civil servants may not be motivated adequately, but may instead willingly go for opportunities for corruption. Anyway, an increase in civil service salaries in relation to the private sector reduces corruption. The wage is highly correlated with measures of rule of law and the quality of bureaucracy.

Furthermore, much greater problems result from the fact that with an increasing number of taxpayers it becomes much more difficult to detect tax evasion or avoidance. In this context it might be interesting to see what shapes tax morale.

Tax morale and trust on government
Weve seen a decay of tax morale over time between all those years of transition. This result is in line with the registered enhancing of the corruption. This effect is much stronger for the latest years than the earliest.

As in many developing countries we might observe that our country is in a situation of over-government and under-government. There is a combination of interventionism and bureaucracy. On the other hand, property rights are not sufficiently secured and there is a high degree of uncertainty, reducing thus the incentive for investment. In this situation, yet it is difficult to find the right equilibrium of state activity. A frequent use of the exit option in form of tax evasion or tax avoidance by entering the informal economy has the negative effect of reducing the states tax collection, affecting thus the revenues governments need to provide public goods and to build trustworthy institutions. Many peoples might react with the problematic strategy of increasing taxes. This enlarges the informal economy, as the incentive for enterprises to evade taxes increases; they just will pay more bribes to protect themselves.

Trust is a key factor that influences tax morale. Governments have a leading role in the transition process. Institutional changes are connected to uncertainty. Institutions reduce uncertainty by designing the structure of interaction. As a consequence, greater certainty in the political process is gained. If rules are not formalized, the players may spend too much time arguing over the rules and less time competing in productive activities. Strong institutional controls and accountability are required to control deeply rooted agent opportunism in peoples conscience. The rule of law has to be imposed on all government agents.

In the tax compliance literature economists have recently started to pay attention to the trust. Trust in public officials might tend to increase taxpayers positive attitudes and commitment to the tax system and tax-payment, which has finally a positive effect on tax compliance. Institutions taxpayers perceive as fair and efficient have a positive effect on tax morale. Taxes can be seen as a price paid for governments positive actions. If the government acts trustworthily, taxpayers might be more willing to comply with the taxes. Similar to the tax administration, the relationship between taxpayers and government can be seen as a moral contract, which involves strong emotional ties and loyalties.

If the government tries to generate trust with well functioning institutions, co-operation can be initiated or increased. Furthermore, when taxpayers are satisfied with the way they are treated, the co-operation is enhanced. If the outcome received from the government is judged to be fair in relation to the taxes paid, no distress arises.

Weakness of the legal system is the biggest problem of the transition process. Although, its been 15 years since the collapse of socialism, judicial weakness left a legal vacuum that remains yet unfilled. Tax morale depends on how satisfied taxpayers are with their public employees and the political system. A higher satisfaction in both cases is significantly correlated with higher tax morale.

Tax administration and government are forced to drastically change their structures and their relationship with taxpayers in the current political process. Thus, anticorruption strategies, such as creating high transparency and standards in the conduct of public business, limiting the discretion of public officials and government members might be key instruments to enhance tax morale. It seems that government has to work strongly on that goal.

Which instruments improve tax morale?
Trust might be increased when sub-national governments get more fiscal autonomy. A higher fiscal decentralization (local tax autonomy) would have the advantage that citizens preferences can be better met. Decentralization moves the government closer to the people. Thus, political and fiscal autonomy are among the most important elements for the national transition process.

Certainly, caution should be used when implementing experiences from totally different countries. Furthermore, such an implementation of instruments needs time.

Such institutions might however help increase transparency regarding the governments spending of the tax revenue and help build a tax system respecting the taxpayers rights. If the taxpayers are not actively integrated in the transition process, tax morale might decrease.

The income tax is a good instrument for a local structure. Interestingly the literature shows that socio-demographic factors influence tax morale. Getting older has a positive effect on tax morale. Women also report significantly higher tax morale than men.

Married people have the tendency to higher tax morale than singles. Self-employed have lower tax morale than full-time employees. This fact is not surprising, especially when self-employed individuals are confronted with and restricted by high transaction costs imposed by inefficient government activities.

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Aromatherapy History

Aromatherapy is derived from two words: Aroma - meaning fragrance or smell; and Therapy - meaning treatment.

The use of Aromatherapy can be traced back to nearly 3000 years before Christ. At that time the ancient Egyptians used the basics of Aromatherapy in their daily lives. Historical records show that Egyptians burned incense made from aromatic woods and other herbs to honor their gods.

Aromatherapy also was used for healing and therapeutic practices. Medicinal plants are used to cure many ailments and used in many sacred rituals to evoke different states of consciousness.

Elaborate religious ceremonies were performed in Egyptian temples, where the dead King was mummified and surrounded with exotic essential oils. Egyptians believed very firmly that essential oils have an unusual preserving property when added with other spices.

Embalming was one of the principal uses of aromatherapy, preserving the tissue of the bodies for thousands of years. The oils and resins used were so potent, that in the 17th century mummies were sold in Europe and doctors distilled them for use in their medicines.

Priestesses and priests strictly supervised the delicate preparations in the temples and palaces, reading formulas & chanting incantations and hymns, as substances were measured & combined with ultimate precision. Purification processes went on for months until the right, perfect subtle blend was achieved. The use of aromatherapy spread from Egypt to Israel, China, India and the Mediterranean. Every culture, from the most backward to the most modern, developed own set of practices.

The Chinese may have been one of the first cultures to use aromatic plants for well-being. Their practices involved burning incense to help create harmony and balance.

The Greeks learned a great deal from the Egyptians, but Greek mythology apparently credits the gift and knowledge of perfumes to the gods. The Greeks also recognized the medicinal and aromatic benefits of plants. Hippocrates, commonly called the "father of medicine" practiced fumigations for both aromatic and medicinal benefit. A Greek perfumer by the name of Megallus created a perfume called megaleion. Megaleion included myrrh in a fatty-oil base and served several purposes: (1) for its aroma, (2) for its anti-inflammatory properties towards the skin and (3) to heal wounds.

The Roman Empire built upon the knowledge of the Egyptians and Greeks. Discorides wrote a book called De Materia Medica that described the properties of approximately 500 plants. It is also reported that Discorides studied distillation. Distillation during this period, however, focused on extracting aromatic floral waters and not essential oils.

For many centuries essential oils were the only remedies for epidemic diseases and conditions. During the dreaded Black Plague, very few became ill, who in fact were associated with perfumeries and glove industries where these oils were in profuse use.

During the 19th century, with the development of modern science, all forms of herbal medicine disappeared until the 1920s, when French chemist Gatefosse revived the art, giving it the name Aromatherapy. India was one of the few countries where the tradition was never lost, Avurveda being the most ancient medical practice in the world today.

From the late 20th century and on into the 21st century, there is a growing resurgence to utilize more natural products including essential oils for therapeutic, cosmetic and aromatic benefit. The use of essential oils never ceased, but the scientific revolution minimized the popularity and use of essential oils in one's everyday life. Today's heightened awareness regarding the use of synthetics coupled with the increased availability of aromatherapy information within books and the Internet has refueled the use of essential oils for therapeutic, cosmetic, fragrant and spiritual use.

Director, Motivator, Trainer, Articles Writer http://allaboutmyaromatherapy.blogspot.com

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How To Build A Unique Home Based Business Opportunity Site

But the worst error is, that the idea of the product is unclear. The product is the whole experience, which the home based business opportunity site visitor experiences, when he has landed to the page, to your page. Bookmark this page, press Ctrl+D.

This sets certain requirements over the site: it must offer an added value to the visitor, not just a link to the principals site. Successful home based business opportunity marketers understand that their job # 1 is not to sell, but pre-sell with the content of the site.

So the home based business opportunity marketer must look at his site with the eyes of the visitor and build an interactive and content rich site. The question is about the relationships and usefulness.

1. How Do People Find Your Home Based Business Opportunity?

As the stats of searches show, some 60% of the shoppers start their online tour from the search engine searches. When you are marketing home based business opportunity, this is the group, which you can draw to your web site.

Both groups, newbies and proven affiliate marketers, are looking for information. This information must fulfil two needs: it must feel useful and it must be targeted to the person in question. Both can build trust, which is needed for the purchaser-seller relationship.

The affiliate marketers, like also other people, like to belong some community. I think this idea works well in the home based business opportunity marketing too. It is important to have a place, where people can meet other affiliates and exchange experiences.

If the affiliate site can support its members and make members discuss about the mutual issues, this will build trust and repeat visitors. There is simply a reason to come again. Providing of course that the tips and advices are of high quality. The content is the king.

A site, where ideas are changed freely and actively, is more active. It has a customer-focuse, interactive image, which gives feedback to the site owner all the time, almost in real time. This makes it possible to adjust the home based business opportunity site profitably.

2. How To Build A Community Of Home Based Business Opportunity Members?

Actually the job is of the same size as to build up a normal content site. The affiliate site needs many related products, so that it will be profitable and offer enough service to the visitors.

For instance, if your affiliate site offers a home based business opportunity, it can also offer different affiliate program memberships, internet marketing softwares and other tools, web site traffic building tools and a possibilty to market different digiproducts.

Your site content should be structured around beginning, intermediate and advanced topics related to the home based business opportunity. The newsletter content will cover these topics as well, but with an enhanced focused on recommended solutions, ie, your affiliate products. Of course, your affiliate links will be sprinkled throughout the online content as well.

Now you recommend the home based business opportunity forum to your prospects and customers, where they can meet other affiliates and ask and share experiences. This makes them recoqnize, that they are not alone, they belong to the community.

It is important that you as a siteowner also post to the forum regularly and build trust among your own members. This all is an important part of pre-selling or trust building. Much happens between people and not so much between the site and the visitor. You see the difference?

This relationship is important, but as I call it, the site service is as important. To-day people need service, there are fewer and fewer do-it-yourself- people. The siteowner must service in many ways: adding new things to the site, building the site, writing articles, giving hints of the new products, etc. Or he has to know, wherefrom the member can get these services.

The home based business opportunity forum is a great place to spy, what affiliate marketers need, what they cannot or are unwilling to do by themselves.

This model, which I described above, is the model which the most successful home based business opportunity marketers use. The power comes from it`s ability to be better than the competion, because it responses better to the needs of the site visitors.

Juhani Tontti, B.Sc., Marketing, Is A Great Fan Of The Interactive, Content Rich Sites, Which Beat The Competition. For More Ideas And Useful Information For Your Home Based Business Opportunity . Click HERE!

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The Validity Of Security Interests In Medicare Receivables

Lock Realty Corp. v. U.S. Health LP, which was the backdrop of my December 14, 2006 article, continues to be a lawyers dream in terms of complexity and challenges. The case also continues to be educational for creditors that need to protect their rights in deals gone bad. The lawsuit, which is pending in the Northern District of Indiana under case number 3:06-cv-487, involves six different law firms, as well as the U.S. Attorneys Office, and nine parties. The February 27, 2007 opinion from Judge Robert L. Miller, Jr., 2007 U.S. Dist. LEXIS 14578, addresses a priority dispute over accounts receivable, specifically Medicare receivables.

The parties. In this piece of the case, secured creditors National City Bank (Nat City) and Health Care Services (HCS) battled judgment creditor Lock Realty. The secured creditors sought an order directing AdminiStar Federal, the entity responsible for processing the Medicare claims of Americare (a nursing home business), to pay them funds that represent their secured interests in the A/R of Americare. HCS provided housekeeping services for Americare nursing homes and, in lieu of immediate payment, took a secured interest in Americares A/R. Nat City took an interest in Americares A/R to secure payment under a loan agreement with an affiliate of Americare. In November of 2005, before Lock Realty became a judgment creditor, Nat City and HCS perfected their security interests through the filing of appropriate financing statements with the Indiana Secretary of State.

Priority. A prior perfected security interest is superior to a judgment lien. See, Ind. Code 26-1-9.1-317 and 322. HCS and Nat City filed appropriate financing statements with the Secretary of State. They perfected their security interests in Americares A/R before Lock Realty became a judgment creditor. As such, HCA and Nat City had superior claims to the funds.

Validity: the anti-assignment statute. The more meaty issue related to the validity of the security interests in the first place. Lock Realty argued that the funds at issue were Medicare payments and that the federal anti-assignment statute rendered the interests in the A/R unenforceable. The opinion gets into an involved and technical discussion of the anti-assignment statute, 42 U.S.C. 1395g(c). Generally, the statute prohibits Medicare funds from being paid directly to someone other than the provider. The statute does not, however, prohibit someone other than the provider from receiving the funds if they first flow through the provider. As a fundamental proposition, therefore, lenders can secure loans by Medicare receivables. In Lock, neither secured party had a right to file a claim for direct payment of Medicare funds. The rights flowed through the medical provider. [N]either [HCS nor Nat City] could receive Medicare funds pursuant to their arrangement without subsequent judicial enforcement of the security agreement.

Lien enforcement. Whether and how the subject security interests could be enforced was a critical question in Lock. Judge Miller held that, although federal law preempts non-judicial enforcement of the such security interests under the UCC, HCS and Nat City ultimately could receive direct payment by court order. The financing arrangements of HCS and Nat City were valid and in accord with the anti-assignment statute. Judge Miller merely enforced the security agreements. His court-ordered assignment, which directed payment from AdminiStar to the secured parties, did not violate the anti-assignment statute.

Cliff notes. Judge Millers February 27 opinion teaches us that (1) a prior security interest is superior to a judgment lien, (2) a lender can take a valid security interest in the Medicare A/R of a medical provider and (3) the enforcement of the security interest the right to directly receive the money requires a court order.

If youre a commercial lending institution with loans secured by governmental Medicare payments, you or your lawyer should study Judge Millers opinion further. Also, stay tuned for additional court commentary that may arise out of this fairly complex lawsuit. Lenders who deal with nursing home borrowers and related entities will continue to learn from the issues being litigated in Lock Realty.

John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at http://commercialforeclosureblog.typepad.com Johns phone number is 317-639-6151, and his e-mail address is jwaller@woodmclaw.com.

Business Opportunities 2006

Legal Services on Contingency Basis

Do you know that all over the United States, most especially in California, a lot of law firms have been offering their legal services on a contingency basis when it comes to personal injury cases? But when we say contingency basis, what exactly does it mean?

Rendering legal services on a contingency basis means that the client will not initially pay any amount of money as attorneys fees to the lawyer. The lawyer will not charge any acceptance fee, nor any retainers fee or any appearance fees upon the client. In this kind of arrangement, the lawyer and the client agree that there will only be payment of attorneys fees if and when and only in the event that the clients personal injury lawsuit has been successfully litigated by the lawyer for and in behalf of the client. In short, the lawyer will only be paid if the clients personal injury case has been won by him. If not, or if the case was unsuccessful, the lawyer will not get anything from the client as attorneys fees.

At present, the contingency arrangement between a lawyer and a client is becoming more popular. This gives the client the opportunity to file a personal injury lawsuit against the negligent person who caused his or her personal injuries even without spending any amount of money just for the payment of attorneys fees. This will also help clients to consider filing the personal injury case right away without hesitation or hindrance because of lack of money to finance his or her personal injury lawsuit.

So what are you waiting for? Now that you know that there are lots of lawyers offering legal services on a contingency basis, you should already have the courage of pursuing your personal injury lawsuit. Theres no need to hold back and be discouraged. Go and get ready to file your personal injury claim with the help of a lawyer who agrees to render legal services on a contingency basis.

"Our Professional Los Angeles Lawyers specialize in all fields of Personal Injury , Employment , and Disability Laws."

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