What are the different types of holdings divided in a large marital estate?

Divorce is difficult enough without the legal issues and ramifications presented by the division of assets. But add in the desire of both parties to come out of the marriage with as much as possible, and the stress of the process increases tenfold. The website of law firm Holmes, Diggs & Sadler stresses that, in the breakup of a large marital estate, both sides actively pursue the equitable division of capital holdings that can often go unnoticed and create problems further down the road.

Large marital estates are characterized by various sources of income, wealth, and capital. The status of many of these holdings, in terms of which spouse is the primary owner, is unclear. On top of that, the valuation of many of these assets is difficult to determine, as well, and can make equitable division a source of contention.

  • Real estate
    • Relatively speaking, this one is the easiest to value and divide. Depending on when specific real estate purchases were made–whether they were owned by one spouse before the marriage or if they were purchased jointly after the fact–a spouse can make a case for singular ownership. However, in the case of real estate purchased during the union, the court will attempt to equitably split property between the two parties. Therefore, if one person acquires a house, the other can claim property (or multiple pieces of property) up to the value of the house or can take a check for half the value of the house.
  • Businesses
    • The division of business assets is especially complicated due to stipulations concerning interest, investment, and growth. The valuation of a business is also very difficult due to constant fluctuations of the market.
  • Stocks
    • Before being divided, attorneys must determine whether stocks owned by either or both parties are separate or marital. Depending on whether or not the stocks were granted for services rendered during the marriage, the stock value may be subject to distribution among both parties. However, even this can be difficult to determine.
  • Retirement accounts
    • A qualified domestic relations order, which splits a retirement or pension plan, recognizes the protection of dependents in an individual’s plan. Retirement accounts are often times the most valuable single asset owned by an individual. The division of such an important asset requires a great deal of care, knowledge, and review.
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Who are eligible for filing a wrongful death claim?

Nolo defines wrongful death claim as when an individual is killed because of someone else’s fault—may it be unintentional or of mere negligence and recklessness. A wrongful death claim may allege a person or an entity (like an institution or a product manufacturer) and seek compensation for the loss of family members or loved ones of the deceased. According to Nolo, the compensation tackled in a lawsuit is usually a replacement for the lost wages of the deceased and expenses in the funeral service. Basically, the compensation discussed in the lawsuit will be any form of compensation sufficing the family that will have been provided by the victim, had he/she not died.

According to the personal injury legal team at Crowe & Mulvey, LLP, the most common causes of wrongful death are vehicular accidents, construction site accidents, unsafe premises, unsafe products, and medical malpractice. All these sources of accidents have birthed thousands of lawsuits before, although there are many other causes of wrongful death.

Aside from immediate family members (spouses, children, adopted children), there are other people who may file a wrongful death claim. A domestic or life partner may file the lawsuit, as well as financial dependents and putative spouses (an individual who believes that he/she was married to the deceased). Distant family members such as siblings, aunts, and grandparents also have a right of recovery and compensation. Other people who are eligible to file a wrongful death claim are people who suffer financially after the victim was killed even when they are not related, although it is only allowed in some states. Some states also allow the parents of a dead fetus to file a lawsuit, but in some others, a financial and emotional recovery is not possible.

The laws covered by wrongful death claims differ in each state, so if you find yourself in a similar situation, it may be best to keep in touch with a personal injury lawyer to advance your knowledge of the case.

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The Consequences of a Driving While Intoxicated or DWI Charge

Car accidents happen at an alarming frequency in America. According to the National Highway Traffic Safety Administration or NHTSA, one of the leading causes for these accidents is alcohol-impaired driving. This offense is typically called driving while intoxicated or driving under the influence. In the State of New York, alcohol-impaired driving is charged as driving while intoxicated or DWI. It is considered a serious violation that could lead to grave consequences. All over the country, the blood alcohol concentration or BAC limit is at 0.08 percent for private vehicles. For drivers operating commercial vehicles, the BAC limit is at 0.04 percent. For drivers under the legal drinking age of 21, a zero tolerance policy is observed in most states across the United States. Anyone caught out on the road exceeding these limits can face steep penalties. Consequences for a DWI charge in the State of New York will depend on previous records and the specific circumstances of one’s arrests.

Regardless of the facts, one can expect to face costly fines, some jail time, and a suspension or revocation of one’s driving privileges.

At first offense, a DWI charge can lead to a fine of $500 to $1,000, up to 1 year in jail, and a 6-month minimum license suspension. At second offense, a DWI can lead to $1,000 to $5,000 in fines, up to 4 years of jail time, and a 1-year minimum license suspension. The court could also require an Ignition Interlock Device be installed in one’s vehicle. Penalties become steeper at third and subsequent offenses. If convicted, an individual with a DWI charge can face an overwhelming $2,000 to $10,000 in fines, up to 7 years in jail, at least a year-long license suspension, and the installation of an Ignition Interlock Device in one’s vehicle.

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Car Accidents: Common Causes for Wrecks and Collisions in the U.S.

As data from the United States Census Bureau suggest, car accidents are occurring in an alarming frequency all over America. Based on the bureau’s reports, an average of 10.6 million accidents were reported annually during 2004 up until 2009. For every year in this 6-year period, an overwhelming number of accidents happen in roads and highways all over the nation. While a good number of these reported incidents only led to minor collisions, some also resulted in total wreckages that caused serious injuries and deaths.

These devastating car accidents are caused by a variety of factors. According to the website of the Sheboygan personal injury attorneys of Habush Habush & Rottier S.C. ® car accidents are commonly caused by driver error, speeding, reckless driving, mechanical defects, road hazards, and drunk driving. Many of these incidents significantly affect those that are largely out-powered by the vehicles on the road, such as pedestrians and cyclists.

A rollover accident is a particularly dangerous scenario. Typical to SUV and 4-wheel drives, vehicles that flip over or fall to the side due to imbalance can cause very serious injuries such as brain trauma and spinal cord damage. It is important to learn more about such incidents, and be mindful of the fact that certain factors can further aggravate the conditions which lead to such accidents. The website of the Mokaram Law Firm states that road defects and blockages can cause SUV drivers to swerve or make abrupt turns, disrupting the balance of the vehicle.

Car accidents are easily among the most traumatic events that an individual can face. The fact that it can happen at any moment while doing an activity that is so ingrained in most people’s routine makes the occurrence of such accidents even more alarming.

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Age Discrimination in the Workplace

The law ensures that every person in the United States is welcome to equal employment opportunities. This is true regardless of one’s background or identity. Factors such as age, gender, sexual identity, race, ethnicity, country of origin, and religion should not matter in one’s pursuit of a career. Unfortunately, there are a number of employers who disregard such policies and continue to discriminate against employees based solely on these arbitrary factors. One pressing issue of discrimination in the workplace centers on age.

The Age Discrimination in Employment Act or ADEA took effect back in 1967. This particular law prohibited employers from discriminating against anyone aged 40 years or older, and is applicable to applicants and those already in their employ. It also prohibits employers from mentioning any age preference or limitations in certain job posting. Most importantly, it ensures that older employees are able to receive the same amount of benefits that younger employees enjoy.

Unfortunately, this law isn’t being properly observed in some workplaces across the country. As noted by the Equal Employment Opportunity Commission or EEOC, many employers see hiring older employees as a liability. Many find older individuals as more difficult to train, over-qualified for a given position, or incapable of keeping pace with younger employees. According to data available in their website, the EEOC received 20,588 complaints of age discrimination in the workplace during the year 2014. Majority of these cases have been resolved through administrative closures and merit resolutions.

According to the website of Cary Kane, instances of age discrimination include refusal to hire or employ, wrongful termination of an employee, and failure to grant deserved merits and benefits. An employee facing these scenarios or any situation resulting in hostile working environment can pursue a civil case against their employee to ensure that their basic right to equal opportunity is protected.

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