work injury attorney

Countless individuals invest in real estate every day. Some dream of becoming the next real estate mogul, while others simply wish to supplement their salary with additional income. Whatever your motivations, owning investment properties can produce big rewards, but also big problems. This is why it is important to hold title to your property in the most beneficial way. The internet is saturated with various posts and articles touting the most effective techniques to manage your property. It can often be a daunting task weeding through the mass of information in an attempt to discern what advice is reliable and what advice can get you into trouble. Our goal here is to provide a succinct and clear summary of the safest and most important strategies for holding investment property in California. We hope the result will be a valuable starting point in considering the best ways to both protect you as the owner/landlord from liability and also guarantee the best treatment of your assets.

The Risks of Owning Real Estate

As stated above, while property can be a valuable investment, there are also significant risks. One of the biggest risks is lawsuits. From common slip and falls, to environmental contamination, landlords and owners are easily exposed to legal judgments. Landlords have also been successfully sued by victims of crimes -- such as robberies, rape, and even murder -- that occur on their property on the theory that the landlord provided inadequate security.

Options for Holding Real Estate

Faced with the risk of lawsuits, it is crucial that you do not own investment real property in your own name. (The only real property you should hold in your own name is your primary residence.) Thankfully, there are several ways in which an individual can hold property other than in his/her own name. These include as a corporation, limited partnership, limited liability company ("LLC"), trust, and many others. While there are many options, when it comes to real estate investment, LLCs are the preferred entity by most investors, attorneys and accountants.

For many reasons, few investors hold investment real estate in C corporations. A corporation protects the shareholders from personal liability, but the double taxation of dividends and the inability to have "paper losses" from depreciation flow through to owners make a C corporation inappropriate for real estate investments.

In the past, partnerships and limited partnerships were the entities of choice for real estate investors. Limited partners were protected from personal liability while also being able to take passed through tax losses (subject to IRS rules--you'll need an accountant or attorney to sort out the issues of at-risk limitations and so on) from the property. However, the biggest downfall with limited partnerships was that someone had to be the general partner and expose himself to unlimited personal liability.

Many small real estate investors also hold property in a trust. While a living trust is important for protecting the owner's privacy and provides valuable estate planning treatment, the trust provides nothing in the area of protection from liability. However, although a trust provides no liability protection, it should not be overlooked, as it can easily be paired with an LLC.

1. Benefits of a LLC

LLCs appear to be the best of all worlds for holding investment real estate. Unlike limited partnerships, LLCs do not require a general partner who is exposed to liability. Instead, all LLC owners -- called members -- have complete limited liability protection. LLCs are also superior to C corporations because LLCs avoid the double taxation of corporations, yet retain complete limited liability for all members. Furthermore, LLC's are rather cheap and easy to form.

A. One LLC or Multiple LLCs?

For owners of multiple properties, the question arises whether to hold all properties under one LLC, or to create a new LLC for each additional property. For several reasons, it is generally advisable to have one LLC for each property.

First, having a separate LLC own each separate property prevents "spillover" liability from one property to another. Suppose you have two properties worth $500,000 and they're held in the same LLC. If a tenant is injured at property 1, and wins a $750,000 judgment, he will be able to put a lien on both properties for the entire $750,000 even though property 2 had nothing to do with the plaintiff's injury.

On the other hand, if each property had its own LLC, then the creditor could only put a lien on the property where the plaintiff was injured (assuming that they cannot pierce the corporate veil).

Additionally, many banks and lenders require separate LLCs for each property. They want the property they're lending against to be "bankruptcy remote". This means that the lender doesn't want a problem at a separate property to jeopardize their security interest in the property that they're lending on.

2. Benefits of a Trust

As stated above, an LLC may be used concurrently with a trust to provide the best protection and estate treatment for your property. There are many types of trusts, but the revocable living trust is probably the most common and useful for holding title to real estate. The major benefit from holding property in a trust is that the property avoids probate after your death. As many are aware, probate is a court-supervised process for transferring assets to the beneficiaries listed in one's will. The advantages of avoiding probate are numerous. Distribution of property held in a living trust can be much faster than probate, assets in a living trust can be more easily accessible to the beneficiaries of the trust, and the cost of distributing assets held in a living trust is often less than going through probate. [Note: One should also be aware of other ways to avoid probate. For instance, property held in joint tenancy with a right of survivorship automatically avoids probate whether or not the property is in the living trust. Consult an estate planning attorney for more advice regarding probate matters.]

3. Use Both an LLC and a Trust

Because an LLC and a trust both provide significant benefits to the owner of real property, a smart investor should consider using both a LLC and a trust to adequately protect himself and his property. Utilizing both a trust and a LLC creates the best combination of liability protection and favorable estate planning. To accomplish this, the owner should hold the investment property in a single member LLC, with the living trust as the sole member of the LLC. Here, the trust is the owner of the company and holds all of the interests of the LLC. This form of ownership gives you an added layer of protection from the LLC as well as the additional estate planning benefits of a trust.

A. Costs

For the most part, the costs of forming and maintaining an LLC and trust are rather minimal. For an average LLC, the costs are simply nominal filing fees and an $800 per/yr fee to the state of CA. While simple incorporations may be done on your own, it is strongly advised that you seek the advice of a knowledgeable attorney so that no mistakes are made. The same may be said for forming a trust. A little money now is worth the price of avoiding big problems in the future.

B. The CA LLC Fee

While the costs of forming a LLC are generally small, there are additional fees that may be imposed on LLCs in California depending on gross profits. The California Revenue and Taxation Code Section 17942(a) includes an additional fee on LLCs if total gross income (i.e. rent) exceeds $250,000. "Total gross income" refers to gross revenues (not profits). Under this Tax Code Section, the amount of the fee is determined as follows:

1. $0 for LLCs with total gross income of less than $250,000; 2. $900 for LLCs with total gross income of at least $250,000 but less than $500,000; 3. $2,500 for LLCs with total gross income of at least $500,000 but less than $1,000,000; 4. $6,000 for LLCs with total gross income of at least $1,000,000 but less than $5,000,000; and 5. $11,790 for LLCs with total gross income of $5,000,000 or more.

Although the fee is relatively small, one must consider that the fee is assessed against gross revenues, not profits. This means that the fee is due whether or not your property is profitable. For a property with high revenues but narrow profit margins, the fee would reflect a higher portion of the property's profitability than it would on a property that is highly profitable. For example, a company that owns an office building with revenues from rent totaling $1 million, but a mortgage of $995,000, would actually operate at a loss after the $6,000 fee was imposed. Furthermore, the fee would be particularly irksome for those companies that foresee incurring losses in their early stages of development.

4. Limited Partnership: a Possible Strategy if Gross Receipts Exceed $250,000

For the vast majority of investors, the CA LLC fee should not dissuade you from forming an LLC. If, however, the impact is severely detrimental, there are several potential solutions that may be explored. A competent attorney or accountant may be able to work with you to avoid this fee. One method may be to form a Limited Partnership. The partnership should be set up with an LLC as the General Partner (assuming liability) and the owner(s) of the property as the limited partner(s). By forming a limited partnership with an LLC acting as the general partner, the landlord can likely avoid the higher fee imposed on an LLC while still protecting his/her personal liability. While this may be a possible solution, it is strongly recommended that you consult with an attorney or accountant regarding the best course of action.

While there are risks associated with real estate, with intelligent decision-making and thoughtful preparation, real property can be a valuable investment. The first step though, is to make sure that you have adequately protected yourself and your property. We hope that this article helps property owners begin to discover the various ways in which one may hold investment property, as well as the protections and benefits provided by such ownership.

For more information, please contact the author directly at pjavaheri@jurislawgroup.com, or visit the Juris Law Group at www.jurislawgroup.com

The purpose of this article is to assist in dissemination of information that may be helpful to real property investors, and no representation is made about the accuracy of the information.

By reading this article, you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This publication should not be used as a substitute for competent legal advice from a licensed attorney in your state.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, any tax information contained in this site was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under federal, state or local tax law or (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this site.

Facts about Small Claims Courts Working in Subjection to the U.S. Attorney General}. In our work we offer you some data concerning the main goals people usually visit small claims courts for and the methods to win a litigation there. Nevertheless at first we shall clear up the dependency of the small claims courts on the U.S. Attorney General.

Being a chief of the U.S. Department of Justice the Attorney General is the advisor of the president on legal questions. He is to represent the state and the government in the Supreme Court and to run suits of the national significance. But you must be aware of that smaller district suits are commonly prosecuted in small courts (they are called small lawsuits courts or small claims courts). The judges at these courts are officially subordinate to the U.S. Attorney General but certainly have their own law power. They commonly conduct civil suits dealing with different lawsuits of the people, commonly intended on a certain recompense for losses or harm suffered.
So, citizens typically visit the small claims courts for the point of answering a complaint without large spendings and for short time. Here are the most usual positions to be brought and solved at small claims courts:
6. To get back a security.
If your landlord refuses to give you back your security even after you have left his property, you may sue him in a small claims court.
7. To get the money unpaid for lease.
You may be taken to court by the landlord in case if you haven't paid your lease and left the landlord's property.
8. To get recompense for a medical bill you paid for.
Imagine that you were injured because you had come across a log you neighbors left in your way home. That injury led you to a hospital, where you had to pay for cure. In this case, if you neighbors have rebuffed to compensate your medical bill, you would be able to sue them in a small claims court.
9. To return the money you spent to accomplish any fixing of your personal property that was seriously broken for somebody's guilt.
For instance, your neighbor's daughter had thrown something into your window and thus broken it. You can file a complaint against your neighbors if they refuse to recompense the damage.
10. To returnget back a small debt still unpaid.
If somebody had got a loan of you, for instance, $200 and the debt is still unpaid (the debtor doesn't give it intentionally), it is the reason to file a lawsuit for small claims court.
To file a lawsuit for a small claims court you should correspond to some requirements.
The sum you are going to sue for is not to be over the limitation approved in your state (typically about $7000).

Gather all the papers and proof which are required for the court process before you appear in court. That will help you to win the lawsuit.
Be in no doubt and talk right to the point at hearing.

 With the amount of people on the road today it is no wonder that pedestrians and other victims of vehicular accidents are in abundance. It can happen without notice, one minute you're walking down the street, the next moment you have been hit by a car. No warning, not even so much as a break squeal to get your attention, you have become a victim of a motor vehicle accident that has left you stranded, unable to work, unable to pay medical expenses, and feeling alone. Now, when you take into account the people who drive under the influence of drugs and alcohol; it is amazing that any of us have the ability to make our way to our destinations at all. With over 6,000,000 vehicular accidents occurring across the country each year it is no wonder there is a need for personal injury attorneys. In Orlando, your personal injury attorneys of choice should be Seifert Miller, LLC.

Seifert Miller, LLC has 40 years of combined experience when dealing with vehicle manufactures and insurance companies. With areas of motor vehicle accident practice in 18 wheeler accidents, pedestrian accidents, victim of drunk driving, motorcycle accidents, commercial driver accidents, uninsured motorist, pedestrian accidents, and public transportation accidents, you can feel comfortable in the knowledge that Seifert Miller, LLC is experienced and is completely on your side when it comes to seeking counsel.

work injury attorney

Consider for a moment the benefits of a Personal Injury Attorney for motor vehicle accident claims in Minnesota. If you have been involved in an accident of this type, involving a car, SUV, or motorcycle, it is in your best interest to contact your Minnesota personal injury attorney immediately, to best preserve all your rights in the incident. You may be able to claim damages and collect compensation for injuries. If you are the one who caused such an accident, you also need to contact your Minnesota personal injury attorney immediately, to preserve your rights, and possibly to protect your freedom.

As with any personal injury case, an initial benefit is that you can refer any calls or questions from the other side directly to your attorney. The reason you should not talk with or discuss your case with anyone other than your attorney is that if you do talk with others or sign papers, you may be giving away your rights. Your experienced attorney knows state and federal laws that apply to personal injury cases, and what issues should be kept private. It is important to have confidence in your attorney and their competence, and to rely on them for your legal advice in these cases.

An experienced Minnesota personal injury lawyer knows where to look for your defense. With motor vehicle accident claims, there are many factors that can be involved. There may be a product defect or road hazard that contributed to your accident. The driver at fault may have been negligent in performing their duties as driver, distracted by talking on a cell phone or other problems. For personal injury claims, there are many options to look at to recover expenses and for compensation for losses.

Losses may include present and future income, medical expenses, and other things like loss of companionship, replacement of homemaker services, and loss of future inheritance. Your attorney can bring in expert witnesses to calculate difficult damage estimates, such as pain and suffering, and what future problems will cost the injured party.

Personal injury accidents can happen on the road, at work, or at play. They can be true accidents, accidents due to someone's negligence, or accidents that were deliberately caused by a criminal intent. Your Minnesota personal injury attorney can sort through the facts, investigate, call in witnesses, and dig to the root cause of your accident. Then, you and your attorney can assemble the list of damages and losses for which to make claims upon in a court case.

Your attorney can handle negotiations for you, as about 95% of personal injury cases are settled prior to appearances in court trials. Your attorney will work on your behalf for fair and just compensation for your losses and damages, and stand up for your rights. If you are at fault in causing an accident, or a fatality, your personal injury attorney will present your best defense. This may keep you out of jail, especially if there are mitigating circumstances involved, such as product defect. An accident can take seconds, but the effects can last a lifetime. This is the main reason you should call your Minnesota personal injury attorney immediately.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Old Naval Ship Toxic: EPA Sues

The decorated World War II ship has been literally rotting for 18 years in the Patapsco River. It had not been maintained until an October 2007 auction sold it to Potomac Navigation Inc. The company had made plans to tow the ship to Greece in December, but the U.S. government is trying to prevent them from towing the toxic vessel.

Potomac had originally paid $500,000 for the ship and they are now out of around $1.5 million because of the issues they are facing with the government.

Law Prohibits the Export of Toxic Matierals

The concern was originally raised by a group based out of Seattle called the Basel Action Network, which is an environmental group. Their question was whether or not the ship should be towed to a country that is developing because it would be possible that the ship be dismantled and the scraps sold for extra cash. This could create an issue with toxic materials being dispersed. The towing would also violate regulations that prohibit the export of materials that are toxic.

Potomac has stated repeatedly that they have no plans to scrap the ship, but they want to turn it into a storage facility or a floating after it has been remediated by a Greek specialist. Potomac's attorney, Lawrence Kahn, has said that the company plans on removing the toxins legally and in a safe manner, but the Basel Action Network or BAN is not convinced.

BAN feels that despite the claims of the owner, they have never believed that the ship would be going anywhere other than breaking the banks of such countries as Pakistan, India, Turkey, or Bangladesh, which would result in toxic materials contaminating the environment and those who work there. They feel that toxic ships should never again be exported or be used as target practice that destines them for the bottom of the sea.

Navy Vessel Searched for Toxic PCBs

Last fall, the EPA acquired their injunction against Potomac that would prevent the ship from leaving United States waters. The vessel was searched for PCBs, which are currently toxic and were used in fireproofing many years ago. However, they have since been linked to problems in neurodevelopment, led to cancer, and reproduction. The EPA has stated that they found non-liquid PCB levels on the ship that were higher than what is allowed by regulations. There was also 1800 pounds of coolant found that has a high concentration of PCBs.

Ship's Fate Still Undecided Due to Toxic Materials

This lawsuit is just the latest in the saga that has lasted for decades when finding a new home for the ship. After winning 11 battle stars in Vietnam, the ship was then sold to a humanitarian group in 1989 by the U.S. Maritime Administration for $10. The ship was supposed to become a floating rehabilitation center, but never reached that goal. The group then passed the vessel on to another group that abandoned it.

The EPA is moving to have the ship dismantled, but Potomac believes that is unnecessary because the PCBs can be removed safely since the vessel possibly has another 50 years left to its life. 

They're Trying to Take My Worker's Compensation!

You've been injured on the job and have been unable to work for over a year. You have been receiving your Worker's Compensation check regularly and have been trying to rehab your injury. One day you get a notice form the insurance company stating that they are filing a petition to terminate your worker's compensation benefits. What do you do?

Under the Pennsylvania Workers' Compensation Act, an employer (usually through an insurance company) has the right to try to terminate (stop) or suspend your right to ongoing benefits, based on evidence that you have fully recovered from the injury, have returned to work at wages greater than or equal to your pre-injury wage, or because you have the ability to earn wages in spite any residual impairment related to the work injury. If you receive notice that a Termination, Suspension or Modification has been filed in your case you have the right to fight the insurance company to keep your Worker's Compensation benefits coming.

Under current law, the insurer has to prove that there has been a change of condition to prevail in a serial termination petition. Previously, the insurer could harass you by filing petition after petition to try to stop your benefits. All that has changed specifically, a recent court decision held that a workers' compensation insurance carrier in PA had to prove there was an actual change in condition from the previous adjudication of disability to file a new petition to change or cancel your benefits.

Be warned: your employer, usually through their insurance company, will have a high priced legal eagle that knows the Worker's Compensation Code through and through. You may have received your Compensation benefits without the aid of an attorney but the Termination or Modification is a completely different animal. You need the assistance of a seasoned attorney who can fight the insurance company's attorney. If you are not represented you will have no way of knowing what the insurance company can and can't do.