Carrier Law GroupCarrier Law Group2024-02-29T20:12:54Zhttps://www.caflawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1100753/2023/09/cropped-cropped-Carrier-Allison-fav-icon-new-32x32.pngOn Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=502682024-02-29T20:12:54Z2024-02-29T20:12:54ZBy providing mandatory training
Most businesses have a policy against discrimination integrated into their operational handbooks. In theory, every employee at the organization has to abide by that policy. Providing actual training when someone starts a job at the company or moves into a position where they have authority over others can be an important deterrent to inappropriate conduct, like harassment. Workers trained on what constitutes discrimination may be less likely to engage in behaviors that upset and alienate their coworkers.
By offering easy reporting options
A policy against discrimination and worker training do very little to help employees if the company does not have a way to enforce that policy. Providing options for workers who need to report workplace misconduct is important. Having one standard approach, such as going through an immediate supervisor or human resources, is useful. Providing an alternative option in case someone in that hierarchy has engaged in discrimination could also help reduce the likelihood of claims that a company did not give a worker a chance to speak up about mistreatment.
By investigating claims thoroughly
If a worker claims that human resources specialists have discriminated against them by consistently refusing to accommodate their religious means, the company should not dismiss those complaints but rather investigate them. The more documentation there is of the organization looking into allegations of discrimination and addressing issues with workers, the less likely an employee complaint is to snowball into actual litigation.
When a company takes timely action, engages in disciplinary measures and retrains professionals as necessary, the organization diminishes the likelihood that frustrated workers will feel as though taking legal action is their only option. As such, being proactive about preventing and assertive about responding to claims of workplace discrimination can help businesses limit the chances of litigation.
]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=501882024-01-25T17:51:10Z2024-01-05T12:45:17ZWill contests and disputes
One of the more common challenges in probate is when a will is contested. Disputes can arise over the will's validity, often based on claims of undue influence, fraud or questions about the decedent's mental capacity. Such contests can significantly delay the probate process and result in legal fees that diminish the estate's value. They can only be initiated by certain individuals, including people named in a will and those who would have an interest in the estate if the decedent had died intestate, or without an estate plan.
Complex asset distribution
Another challenge involves dealing with the distribution of complex assets. Estates might include various property types, such as real estate, business interests and personal property. Distributing these assets can be complicated, especially if the will is unclear or if there are competing claims from heirs or beneficiaries.
Debt settlement issues
Settling a decedent's debts can also pose challenges. Identifying all creditors and ensuring debts are paid from the estate before distributing assets to beneficiaries is essential. If the estate is insolvent, meaning it doesn't have enough assets to cover all debts, it becomes necessary to prioritize these debts according to Texas law.
The probate administration process in Texas can be fraught with challenges that require careful navigation. Understanding these potential issues and preparing for them can make the process smoother. Whether you're an executor or a beneficiary, it's often wise to seek legal guidance to better ensure that you can navigate complexities of probate effectively, ensure that the decedent's wishes are honored and the estate is settled fairly.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=501832024-01-08T08:51:16Z2023-11-03T01:32:11ZPersonal debts
Creditors ranging from the hospital that provides someone's end-of-life care to their credit card companies can make claims that supersede the right of their beneficiaries to inherit from the estate. Creditor claims can even generate personal liability for the person serving as the representative of the estate, which means that they will usually wait until they have paid all known creditors and received claims from unknown creditors to distribute assets according to someone's wishes.
Taxes
The representative of someone's estate may need to pay a number of different taxes. While Texas does not collect an estate tax, the federal government does. If someone's estate is worth more than $12,920,000, federal estate taxes may be due after they die. There could also be income taxes if the estate plan requires the sale of assets so that beneficiaries receive the proceeds from those sales.
Probate litigation
Family members and those who expect to inherit from an estate can sometimes challenge or contest testamentary documents or the actions of the personal representative. Probate litigation can take months to resolve and can cost tens of thousands of dollars. What people pass to their loved ones may shrink substantially if there is a fight over their testamentary documents or the conduct of the person administering the estate.
Understanding the concerns that may diminish someone's legacy may help people better plan to avoid those financial challenges, and thereby maximize what they pass on to their loved ones when they die. Seeking legal guidance is a good place to start.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=499552024-01-08T08:51:20Z2023-09-05T23:09:26ZCriminal trespass in Texas
The crime of criminal trespass is explicitly outlined in the Texas penal code. Trespassing is defined as the act of a person entering the property of another person without permission on purpose. It is further defined as a misdemeanor. The crime, however, does not apply to everyone who enters a property. It only applies to those that were aware that entry was forbidden.
Penalties for criminal trespass
Criminal trespass is treated as a serious misdemeanor and can result in serious penalties. These include:
• a fine of up to $2,000 for a Class B conviction
• a jail term of up 100 days for a Class B conviction
• a fine of up to $500 for a Class C conviction
Class C trespassing in Texas is defined as trespassing onto farmland. Other kinds of trespassing are treated more seriously and result in Class B convictions.
Defense against criminal trespass
Just because you have been charged with criminal trespass does not mean you are guilty. Those who raise successful defenses in court can avoid a conviction. One of the best of these defenses is demonstrating that the party in question did not know they were trespassing at the time of the offense. Criminal trespass is a crime that requires a specific mental state.
There are also other cases when a defendant may be acquitted or have their criminal charges reduced. For example, the defendant may have known that trespassing was not allowed on the property. However, the property owner may have done a poor job clearly defining the perimeters or their property. In this case, a misdemeanor charge may be avoided.
Overall, while criminal trespass is only a misdemeanor in Texas, it is still a serious crime with serious penalties. However, if you can prove you weren't aware you were trespassing, you can avoid a conviction and the associated penalties.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=499532024-01-08T08:51:25Z2023-07-06T05:20:21ZBreathalyzers aren't perfect
It's possible that the machine used to conduct your test was not calibrated correctly or was other not functioning properly when your breath sample was analyzed. It's also possible that something that you ate or drank before being tested skewed the results. It's not uncommon for items such as breath mints or pasta sauce to send your BAC reading skyrocketing. The results may also be skewed if you have acid reflux or a similar health condition.
Officers aren't perfect
Typically, officers who use Breathalyzer machines must be trained to do so. Absent this training, it may be possible to obtain a false result or one that can be challenged in court. If a judge or jury agree with your claim of officer error, your drunk driving case may be tossed before or during trial.
There was no probable cause
Another way to get a case tossed is to claim that there was no probable cause to ask you to submit to the test in question. This would likely mean that you are challenging the validity of the traffic stop that eventually resulted in the test. You may also claim that there was no reason for an officer to believe that you were impaired even if the stop was valid.
If you're convicted of drunk driving, you might face penalties such as jail time, a fine or the loss of driving privileges. A DUI on your record may also make it harder to find or retain employment as it may result in the loss of professional licenses or other credentials.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=499492024-01-08T08:51:30Z2023-05-11T22:55:36ZFile the will
The first duty of the executor is to file the deceased person's will with the probate court. This initiates the probate process, ensuring the court will review the will to ensure its validity.
Notify creditors and beneficiaries
The executor is responsible for notifying creditors and beneficiaries of the deceased person's death. This estate administration role includes sending a notice to all known creditors, as well as notifying any beneficiaries named in the will.
Collect assets
The executor is also responsible for collecting all of the deceased person's assets, including bank accounts, investments, real estate and personal property. This may involve obtaining valuable asset appraisals and selling assets if necessary to pay off debts or distribute the estate.
Pay debts and taxes
The executor is tasked with paying off the deceased person's debts and taxes. They may need to sell assets to generate the necessary funds. The executor must also file the deceased person's final income tax return and estate tax return, if necessary.
Distribute assets
Once all debts and taxes have been paid, the executor is responsible for distributing the remaining assets to the beneficiaries in the will. The executor may need to liquidate assets and divide the proceeds among multiple beneficiaries.
Maintain accurate records
Throughout the probate process, the executor must maintain accurate records of all financial transactions related to the estate. This includes keeping track of all income, expenses and distributions.
Act in good faith
Above all, the executor's role is to act in good faith and in the best interests of the beneficiaries. This means making decisions that are fair and impartial and avoiding any conflicts of interest.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=499432024-01-08T08:51:35Z2023-03-11T00:22:53ZUnderstanding ILIT and how it works
An irrevocable life insurance trust is an invaluable estate planning tool that a person can use to place their life insurance policy in a trust. The trust owns the policy and pays out to designated beneficiaries upon death. This trust is irrevocable, meaning the donor can no longer change or withdraw assets from the trust once they establish it.
Benefits of an ILIT
An ILIT allows the policyholder to separate their life insurance from their estate so that the proceeds are not subject to taxation upon their death. This provides greater flexibility for designating how your appointed trustee will distribute funds after you pass away, allowing more control over who receives those funds and when they receive them.
Additionally, having the proceeds of your life insurance policy in a trust can help protect your beneficiary receiving any government aid from disqualification. Government benefits are strictly limited to individuals with low income and limited assets; therefore, placing the proceeds in a trust can ensure they don’t exceed the set limits.
How to determine if an ILIT is right for you
First, consider your current financial situation and any anticipated changes that could affect it down the line. In particular, look at how large your estate may be upon your death and whether putting assets into a trust would help reduce potential taxes or debts owed after your passing.
Next, evaluate the person you want to benefit from your life insurance proceeds. Decide how much you want to set aside for each beneficiary and consider any potential needs they may have in the future that an ILIT can accommodate.
If an irrevocable life insurance trust seems like a great choice based on your financial needs and goals, consider setting it up. If not, you can explore alternatives, such as a revocable trust or an individual retirement account.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=496622024-01-08T08:51:38Z2023-01-12T05:19:38ZHow birdnesting works
In a birdnesting child custody arrangement, the parents typically alternate staying in the family home with the children for specified periods, such as every other week or every other month. During their designated time living in the family home, the parent has sole responsibility for the care and well-being of the children, while the other parent may have the children for specified times, such as weekends or weekdays.
The goal of nesting
The goal of birdnesting is to provide a stable and consistent living situation for the children, which can help them adjust to the changes that come with their parent's separation. It also allows children to maintain close relationships with both parents, which can benefit their emotional and psychological well-being.
Potential obstacles to making birdnesting work
However, birdnesting is not always practical or feasible. For example, it may not be easy to find suitable and affordable housing, and some parents may not be able to handle the financial and logistical challenges of maintaining two homes. Additionally, some parents may not be able to live near one another, making it challenging to implement this type of custody arrangement.
Birdnesting may not be suitable for all families, and parents need to work with a attorney to determine what type of custody arrangement is best for their children. They should also be flexible and open to modifying the structure as the children's needs change over time. It is also essential for parents to communicate well with each other and to put the needs of their children first.
Choosing the best child custody option
It is important to note that birdnesting is mostly not a joint custody arrangement, and it is more of a unique case, with fewer parents opting for this. Therefore, it is also better for parents to have a mutual understanding and a good relationship to make this work.
The children's best interest should always be considered when deciding about child custody. If nesting is a viable option, parents should work together to give children a strong foundation for growing up to be fulfilled and happy.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=496592024-01-08T08:51:44Z2022-12-22T21:01:44ZTexas vs. United States
The most serious challenge to DACA was mounted by the attorneys general of Texas and 26 other states. The plaintiffs claimed that President Obama violated the Constitution when he created the program without congressional approval, and these arguments were strong enough to convince a district court judge to issue an injunction. The decision was affirmed by the U.S. Court of Appeals for the 5th Circuit in October. The ruling put an end to the program for new arrivals, but the appeals court left protections in place for current recipients.
Congress urged to act
Advocacy groups have called on Congress to put an end to the DACA uncertainty by passing a comprehensive immigration bill, but hopes for such an outcome are fading. Bipartisan efforts to find a compromise have stalled in the committee stage, and much of the political capital that would be needed to pass immigration reform has been spent on pushing through an omnibus spending package.
Economic fallout
Deporting 100,000 people who have lived in America for most of their lives and consider themselves United States citizens would be devastating to the Texas economy. DACA recipients keep our cities running and educate our children, and their fight is something that Texas residents should support regardless of their political opinions. We should also avoid letting the plight of DACA recipients become enmeshed with other immigration issues like border security.]]>On Behalf of Carrier Law Grouphttps://www.caflawgroup.com/?p=496562024-01-08T08:51:48Z2022-12-06T22:50:36ZHow income affects financial aid
If you have listed both your parents on your FAFSA application, and each has their own taxable income, then the expected family contribution (EFC) will take into account both incomes when deciding how much aid you qualify for. This means that if one parent has a low-income job or no job at all, it could reduce your EFC and get you more financial aid. On the other hand, if both parents have high-income jobs and combined assets of more than $50,000, your EFC will be much higher, and you may not qualify for as much financial aid as someone whose parents make less money.
Additionally, suppose the divorce court judge ordered one parent to pay child support or alimony. In that case, the Office of Federal Student Aid could take this into account when calculating your Expected Family Contribution (EFC). Usually, the parent that pays child support is responsible for a larger portion of the EFC.
Your parents can take certain steps to try and increase your financial aid package. One could be delaying taking retirement distributions until you complete your FAFSA form. This could help lower their income and result in a larger amount of financial aid. Also, your parents should consider avoiding remarriage, especially the custodial parent, until after you get the aid package. Lastly, if your parents can change the terms of their custodial arrangement so that you live primarily with the one who is less well off, your financial aid could potentially increase.]]>