Is Florida Deporting Undocumented Immigrants Who File Workers Comp?

Generally, all injured workers whose employer has workers’ compensation or is required by the state to have workers’ comp insurance have the right to file a claim after being hurt on the job. All states allow this, as the states know that whether they like it or not, undocumented immigrants are an important part of the United States economy. Many employers, whether right or wrong, rely on this labor in the hospitality industry, the restaurant industry, the construction industry and more. No matter how someone feels about this reality, states recognize that it is essential for an injured person to have access to medical treatment and a portion of lost wages after a job accident. However, Florida immigrants are facing a large problem due to a loophole in this law that is allowing police officers to use the workers’ comp filing against them for deportment proceedings.

In the Florida workers’ comp law, it is a crime to file a claim using a false identification. Insurance companies that review workers’ comp claims have actually been turning people into the police to avoid having to pay out workers’ comp benefits. This is not only terrible for the employee, who is already injured and will have other difficulties, but the employer, who has lost an employee and the economy as a whole. Further, many of these immigrants have their own families in this country that they support through their employment. Deportation of the breadwinner will seriously harm these remaining family members, who may fall into poverty and then become even more dependent on the states for assistance.

Undocumented workers and immigrants already have enough to fear in today’s political climate without having to further worry about being deported after being seriously injured at work. Anyone injured at work, whether a citizen, resident, work permit holder or undocumented immigrant should always speak to a lawyer after being hurt. A consultation with a lawyer is 100% confidential, and the attorney can guide the person towards their best options moving forward.

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Need an Attorney for Tax Law?

In the United States, tax laws are difficult to comprehend without a professional at your side. A number of lawyers are also CPAs, and other types of attorneys focus on tax litigation.

Different regulations dictate when the government can tax citizens for personal income, real estate, business profits, gifts, estates and a variety of other sources.

Is the IRS Claiming You Owe Back Taxes?

Income tax is a common source contention between the government and individuals and/or business owners. When a person owes back taxes, the worst thing he or she can do is ignore the notices from the IRS. The sooner you can review the situation with a tax lawyer, the better. Tax attorneys can negotiate with the IRS on the behalf of a person or business, and litigate the issue in tax court when necessary.

When an individual ignores IRS collection notices, penalties and interest will start to build. Further, if the IRS places a lien on a piece of property or a business asset, you will likely lose the ability to file bankruptcy and discharge the tax lien.

Can Bankruptcy Lawyers Help People with Tax Problems?

Bankruptcy can be an extremely useful tool for individuals with income tax debt. Certain income tax debt is dischargeable if it meets the eligibility requirements.

Once an IRS debt becomes a tax lien on a piece of property, it changes from being an unsecured loan to a secured loan. This has the effect of making the lien non-dischargeable in bankruptcy. However, you may be able to stop foreclosure from the tax lien by filing Chapter 7 or Chapter 13. Most bankruptcy attorneys offer free consultations to review your debt situation and offer you options.

How Do Estate Planning Lawyers Minimize Taxes?

The federal government exempts a certain amount of a person’s estate from taxation. In 2015, this amount was over $5 million. Therefore, estate taxes (sometimes referred to as “death taxes” as an anti-estate tax political euphemism), only affect multi-million dollar estates. Some states have their own estate taxes, with exemptions that are typically lower than the federal exemption. A few states also have separate inheritance taxes, which affects those who receive portions of an estate.

An attorney who plans estates attempts to lower the total taxable value of an estate so that little or none of the estate is taxable. Lawyers who plan estates for clients can utilize several techniques in order to lessen or altogether eliminate the effect of taxes on a person’s estate. Depending on a client’s specific situation, an estate planning lawyer may advise actions such as the following:

  • Irrevocable trusts – Trusts involve the owner of an estate setting aside funds to reserve for beneficiaries. Most importantly, money in a trust is not taxable. However, the owner of the trust usually is unable to access the funds. Certain trusts may allow benefits to be paid out to beneficiaries when the owner dies or they may allow a spouse or other person to access the funds.
  • Designate a beneficiary through an annuity, IRA or other fund – Certain types of funds allow owners to name a beneficiary who gains from the fund after the owner passes away. These funds are typically exempt from the estate tax.
  • Lifetime gifts– Another way for estate owners to limit estate taxes is to be generous and give funds to future beneficiaries before passing away. Anyone may give gifts worth up to $14,000 annually before gift tax liability would apply. Those seeking to lighten their estates can avoid the gift tax altogether by paying for another person’s medical bills or college tuition directly.
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Drunk Boaters Inadvertently Cause Airport Security Scare

A fishing boat entered the off-limits water around New York’s La Guardia Airport and struck one of the runway extensions. Port Authority police could see the stranded boat on surveillance cameras, but could not respond because their own patrol boats had been docked for the night.

The NYPD Harbor Unit was sent to investigate, but took almost 30 minutes to reach the marooned craft. When they arrived, they found the 51-year-old captain and his two passengers extremely inebriated.

The vessel itself was impaled on a light pole. The three irresponsible boaters suffered minor injuries. The ship’s captain, however, was arrested and charged with boating under the influence.

Alcohol abuse is the leading cause of boating accidents, accounting for hundreds of injuries and deaths each year.

Drinking and boating is a deadly combination. Alcohol slows reaction time and clouds concentration, and can create grave problems with vision, balance and coordination

If you have been injured by a drunk boater, a maritime attorney can help you retrieve the compensation you need for medical expenses and lost wages as well as pain and suffering.

Latti & Anderson LLP Nationwide maritime attorneys

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Can the creation of guardianship by a parent be challenged?

It is wise for parents to name legal and physical guardians of their minor children to serve in the event of their deaths. But the creation of a guardianship by a parent is not always controlling.

Pennsylvania law provides that all custody cases must be decided in the best interests of the child. Anything which can have an effect on the child’s physical, intellectual, moral and spiritual well-being is considered by the court in choosing a custodian or guardian.

A sole surviving parent may name a guardian to take custody of a child upon the parent’s death. But other relatives or adults significantly attached to the child later can challenge the guardianship and seek custody of the child. The court initially will presume that the parent’s choice of guardian is the best choice. However, the court will listen to testimony from challengers and will consider whether others interested in the child’s care might be better custodians. Anyone who challenges a deceased parent’s choice of guardian has a heavy burden to prove that the court should reject the parent’s choice.

Where parents are separated or divorced, and the parent with whom the child resides dies, the surviving parent has custodial rights superior to those of any guardian named by the deceased parent. A natural parent’s custody rights can’t be terminated by the death of the other parent. If the surviving natural parent is incompetent, unfit, missing or unwilling to care for the child, the court can award custody to a guardian named by the deceased parent. Additionally, if a guardian named by the deceased parent has provided essential parenting for the child, he or she may have standing to challenge a competent, interested natural parent’s rights. But the strong rights of the natural parent are very difficult to defeat.

Whether married, separated or divorced, parents should strive to cooperate to identify a mutually acceptable guardian to take custody of their minor children in the event of their deaths. Where separated or divorced parents can’t agree, each must realize that the courts will favor the surviving parent but will consider the claims of involved third parties, especially those identified as preferred custodians by the deceased parent.

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Are last minute Wills or ‘Death-bed Wills’ valid?

Although a death-bed will may be just as valid and binding, the closer to the death the will is prepared the more likely it is to be challenged by a disappointed beneficiary thus leading to a Will Contest, possibly on the grounds that the person lacked mental capacity to make a will or was subjected to undue influence. A last minute will also raises the potential hazard of errors and non- compliance of legal requirements due to hasty preparation. There is also another possibility of the will not distributing the property in the manner that the person really wanted, or failed to take advantage of some features that can bring down the federal estate tax, etc.

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Are conservators paid?

Generally, a conservatorship allows the conservator to be paid for his or her services. The conservator is also entitled to attorney fees to seek legal advice. In addition, the court will require a conservator to purchase a type of insurance policy known as a “surety bond” to protect the conservatorship estate. The costs and expenses of a conservatorship are paid from the property of the person.

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