Alright everyone, here it is. The great time of your parents life. They have worked their behind off to finally get to this point. All of the kids are out of the house and have kids of their own. No more hassles. It’s time to kickback. However, as your parents get older, it’s important that you (as the children) and your parents have a heartfelt discussion about their future beyond employment. Now, we all have heard the old saying that “as our parents get older, we, as children, assume the role of our parents.” Well, don’t lose your damn mind. Your parents are still grown and the last thing you want to do is piss off the people who gave birth to you.

However, it’s time for hardcore conversations that you must have in order to help them enjoy these golden years and help you have an understanding of what you can do to help them enjoy those years.

1) Wills, Trusts, and Assets, OH MY!!
Recognize this, your parents have a BOAT LOAD of stuff and it’s better that you know what is and more importantly, how they want it distributed. Most people think that property distribution only applies to homes or cars or money. However, it can apply to stock, bonds, mutual funds, or even ownership in a company. The last thing you want to do is be in the position of trying to figure out where all of this stuff is located. You want to make sure (or confirm) if your parents have a will (in florida, a “Will” means an instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or revokes or revises another will) or a trust (In Florida, “Trust” means an express trust, private or charitable, with additions to it, wherever and however created). Trusts are devices used for the specific purpose of performing a specific function on behalf a beneficiary by a trustee according to the instructions of the trustor. Like I said, you don’t want to be in the position of trying to figure these things out later.

2) Where are they going to stay?
I know this sounds weird but where are your parents going to live?? I know it’s easy to assume that your parents couldn’t POSSIBLY leave the house they have been in for 30 years but if it’s only 2 of them and they have a 5 bedroom house, maybe it’s time to go? You may want to ask that hard question of whether they plan on staying in their current residence or if they are moving to a smaller residence. Even more important, what happens if your parents want to move closer to you (or even move in with you)??? Don’t think you should know that or even more important, if you are planning for them to move closer, don’t you think you should talk that over with them?? Don’t get your feelings hurt by not talking to your parents about where they are going to stay.

3) Find out the Funky Finances
Do you know how your parents are supporting their lifestyles?  I’m not saying that you need to delve all into their finances but it may be important to know how they are supporting themselves.  Are they living off pension funds, social security, Veterans benefits?  Are they living off stocks, bonds, mutual funds, and savings?  These things may be useful to know in the long run.  What about insurance?  Health, Dental, Life?  All of those things are useful information in case something happens and your parents find themselves without the necessities.

4) Plan for the Worst
This part of the discussion is not the most pleasant the most necessary to discuss.  Do you know if your parents would want to remain on life support if something happened?  If you find yourself having to make the difficult decision of whether a family member wishes to remain on life support, you mind yourself in the middle of a heart breaking and often damaging family rift.   So you may want to ask your parents if they have what is called a “Living Will”.  Every state is a little different but in Florida, Any competent adult, may, at any time, make a living will or written declaration and direct the providing, withholding, or withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. This may sound gruesome but it does give a clear direction of what treatment your parents would want to receive (or not want to receive) due to the finality of their condition.
In addition, keep an attorney’s phone number available in the event that you need a durable power of attorney (a document that allows you to make certain decisions on behalf of your loved ones) or be appointed a health care surrogate (allowing you make medical decisions regarding a loved ones).  If it becomes necessary to place your loved ones in long term care, these instruments may be helpful.

5)  Life after death
I know this may sound gruesome but you still must ask these questions.  Do you know where your parents want to be  buried? I know that sounds  grim but you may be surprised by what your parents already have planned.  If you have a family plot, your parents may already know.  In some instances,  your parents may have already purchased burial insurance to offset the cost of being buried.  Also, if your family has funeral home that has been responsible for the funeral arrangement of past relatives, they may be a good source to assist with future plans.

6)  It’s WE NOT ME
Please don’t take it upon yourself to start making decisions on behalf of your parents.  All of this should be done in stages.  If you have siblings, make sure that you talk to them as well to make sure on the same sheet of music.  Also, be advised, even if you talk to your siblings, you may find yourself having to carry the brunt or more than your portion of your responsibility regarding your parents.

I hope this information was useful for you.  This information (and more) was presented in detail on “LegalBEAT in the MORNING” (http://www.blogtalkradio.com/intheknow).  If you have any comments, please let me know at http://www.anthonyreeves.com.

Anthony Reeves

Whenever I speak to people on the phone who are looking for an attorney, I am amazed by the number of people who will say “I’ve spoken to 15 different attorneys and I know you’ll take my case”.  STOP!! RED LIGHT! RED LIGHT!!

People, you have to remember that attorneys are business people.  They RARELY turn away cases unless 1) it’s in an area of law that they are not familiar, 2) they have so many cases that they don’t have the time, 3) they can’t make any money on the case or 4) you sound like the type of client that may make their life hell!

Now, I know you probably have already told yourself that there is NO way that you could be the client from hell but trust me, there are few things that you can say that may send up warning flags RIGHT AWAY!

1) I’ve talked to 15 different attorneys before you.

Contrary to popular belief, this statement is NOT a flattering statement to be made to an attorney.  Attorneys know that if SOME OTHER attorney turned the case away, there MAY be a problem.  Don’t make it a habit of using the fact that you’ve been turned down by a bunch of other attorneys as a badge of honor.  In YOUR mind, you may think that you have a great case and they missed the boat.  However, 15 of them said NO and you are the only one that thinks the case is good. hmmmmmmmm

2) Well, the other attorney said…………..

Stop right there!!!!  NO attorney wants to be told that they are being compared to another attorney.  Right there, that tells the attorney that you are looking to be told what you want to hear.  Don’t do it because the moment you do, the lights are off and they will SHUT DOWN!!  Don’t put yourself in that position.  It’s not worth it.

3)  Let’s talk about a payment plan

Let me be the first to tell you.  Payment options for firms usually fall into 1) contingency fee (the attorney gets paid if they win the case), 2) billable hours (they charge you by the hour with some sort of monetary amount up front) or 3) retainer agreement (which operates under the billable hour premise but with certain other caveats).  Now, I used to wonder why attorneys would tell prospective clients how much their consult fee would be and how much they anticipated the cost of the case would be BEFORE they started talking.  This practice is done to weed out those people who CAN’T pay.  Now, I know this sounds cold but the fact of the matter is, attorneys are business people.  When you go to get your car fixed, they don’t put you on a payment plan.  When they come over to repair your home, there is no payment plan.  So the moment an attorney has identified that you want legal advice or legal services for free or a significantly reduced cost, expect them to shut down.

4) I’m going to go and talk to another attorney and let you know when I make my decision…

Ok, now some firms expect you to go looking for an attorney if you have an AWESOME case.  They know that they have to fight it out with someone else.  That’s the nature of the beast.  However, if your case doesn’t fall into the “AWESOME” category, coming to a law firm like you’re shopping for an NFL agent is PROBABLY not the BEST course of action.

In this day and age, you will find a huge abundance of lawyers and law firms who are in a position to provide legal services.  Don’t allow yourself to fall into the trap of believing that your case is so SLAMMING that you can just say what you WANT to say.  You may find yourself stuck with a case that no one else wants.

THere are many reasons I can say but the way I can see, the love of ultimate and complete unity is brought to thee from the one who needs, the mother of many seasons, the mother who is just perfect for me.

When the snow comes, I can not feel the snow flakes from the sky because the mother of winter has blanketed me within her to keep me sheltered from the cold winter’s cry.

When the spring comes I feel rain but it’s not from the cloud. It is the tears that rolls from her eyes. The tears of joy, the tears of happiness, the tears of proud.

The summer is her swan song, it can be heard afar. Her love is powerful, rejuvenating, and complete. Her loves know you, for who you are.

The fall has fallen and as my eyes continue to see. My mother strokes my brow gently, to keep my faith and vision complete.

With the strength of my body and the words of my soul, I say these to you, to all of you, my Mothers of ALL colors, be proud of your stuff. It doesn’t matter if you’re a mother of blood or mother of another, just remember, girl, you are just TOO Tough!

Enjoy your day, my mothers of all colors, we salute you with song and praise. Allow us to bow at your feet. Allow us with passion to raise.

Our eyes upon you, for the jewel you are. We love you, our mothers, no matter how close, no matter how far.

Occupational exposures to biological or chemical hazards in your work place is a common occurrence. However, the level of exposures and the extent of exposure is entirely dependent on the type of work you do. Employers find themselves in the position of ensuring that their employees are not only protected from these hazards but also provided with the necessary training and equipment to reduce and / or eliminate occupational exposures.

The two programs commonly used in general industry is the HAZWOPER, BLOODBORNE PATHOGENS, and HAZCOM programs:

1) Hazardous Waste Operations and Emergency Procedures
Under the general industry standards, the provisions of HAZWOPER are covered under the 29 CFR 1910.120. This standard is fairly significantly and covers Hazardous Waste Sites and Chemical Decontamination Treatment & Storage facilities. The bulk of the provisions cover those two areas. For general industry purposes, the remaining provisions focuses on the procedures for employers to implement to protect its employees against spills or accidents that may cause intense exposure to chemical or biological substances.

2) BLOODBORNE PATHOGENS
Quite a few industries find themselves in a position where persons may be injured or hurt. Due to this possibility, 29 CFR 1910.1030 focuses on protocol and procedures for handling substances that may be infected with blood. Most people think that Bloodborne pathogens are restricted to the hospital environment or the clinical environment. However, it is possible for persons to be exposed due to cuts, lacerations, and injuries at their normal work space. IF the employer has the ability to treat them on location for minor injuries, a blood borne pathogens program may be necessary.

3) Hazardous Communications
The HAZCOM program is probably the most commonly used program in the general industry. Under 29 CFR 1910.1200, this program provides information about the types of materials that should be made available to employees about the presence of chemicals in their workplace. Typically, these materials are found in documents referred to as Material Safety Data Sheets (i.e. MSDS). How many of you have seen ‘water stations’ in your work place which are designed to rinse out your eyes as result of occupational exposure?  Typically, these stations are set up in conjunction with the information obtained from the Material Safety Data Sheets.  All of this is a part of the HAZCOM program.
Now, I’m sure some of you are wondering what types of exposures you may be subjected to which may result in the implementation of these programs.  Well, these exposures can be anything from dusts to fumes to particulates to vapors.  All of these substances may be exposed to you in some form or fashion.

Interestingly enough, employers use three methods of protecting you from these hazards:
1)  Engineering Controls
This term may sound big but really it just means ensuring the equipment that produces the hazardous substance doesn’t.  This term, also, applies to machinery that is put into place that reduces the levels of exposure.  This method is the preferred method for reducing exposure even though it’s the most expensive.

2) Administrative Control
This method is a little more of a strategic position.  Employee exposure is reduced by minimizing the amount of time employees are exposed to particular hazards.  This method is not the most preferred but can be used in some instances.

3) Personal Protective Equipment
This method is expensive due to the need to maintain the equipment.  Exposure is reduced by providing  equipment which will protect individuals from exposure.  This equipment may be in the form of gloves, masks, or respirators.
If you find yourself in a position where you are exposed to any biological or chemical hazard, please notify your supervisor.  Be mindful of your concerns and be aware that in many states, there are laws that prevent individuals from being retaliated against for reporting exposures to occupational health hazards, especially if you report those hazards to regulatory bodies like the Occupational Safety and Health Administration.

Pay attention to what you are exposed to in your workplace.  Your health is all you have.

You know, it’s amazing.  You go to a theme park.  You take a cruise.  You get on a ride.  Then, something weird happens.  You get upset and you want to take SOMEONE to court. The next thing you know, the theme park or cruise or resort area directs your attention to a itsy, bitsy document that you purchased called ‘your ticket’.

Now, you ask yourself the question, what does that have to do with anything.  Well, the next time you go to a big time theme park or get ready to take a cruise or go to some vacation spot that requires you to purchase a contract or a ticket, read it first.

Now, don’t get me wrong, we all sit down (hint, hint) and review a lengthy contract when it’s placed before us.  However, when it comes to luxury trips or vacations or cruises, we gloss over the high points and get right to the part about paying for our dream experience.  Before you let the high pro glow of the moment sweep you away into signing the contract, please take a few minutes to really review the provisions of the contract.  The contract may include points that may affect when you can sue them, where you can sue them or how you can sue them if something goes wrong.

And let me tell you, tickets are even funnier because most people will purchase a ticket and not read any of the language on the front (or the back) of the ticket.  Even funnier is if the ticket serves no purpose (like getting back into a place if you leave), you will probably throw it away.

Now, don’t sit there and think I’m saying that you should keep a stock pile of tickets and contracts from all of your vacations or recreational activities.  Please, I don’t want anyone sending me a stack of stuff. lol.

Just remember that when you are paying for these luxuries that the company you are purchasing them from will have sufficient safeguards to insure that they are protected in the event that your experience was not what you were expecting or if something goes wrong.

The one thing that is really difficult in making any legal decision is when you come to point when you have to take one path or the other.  Each path comes with pros and cons but the reality is that you will HAVE to make that decision.
Here’s an example, imagine paying on a home that belonged to a loved one who had deceased.  The home has not been probated (i.e. the assets of the home had not been disseminated to creditors and heirs).  Add to this scenario, the fact that the home had a loan on it that was more than the value of the home (this is the phrase that is called something being “upside down”).  Now, imagine the home going into foreclosure due to a tough set of circumstances.  So now, you have a tough choice.  On the one hand, the property has not been probated and if it is, all creditors will come out of the wood works to claim their interest.  As a result, you may have to sell the house to satisfy the debt.  On the other hand, you may put yourself in greater financial peril by continuing to pay on a home that is not yours in the interest of keeping the only major asset your loved one owned.  So what do you do??

These situations happen every day.  And it gets tough.

Another example, imagine a sale of an item to an individual who now demands their money back.  They harass you.  They call you at all hours.  You don’t know what to do.  On the one hand, you have strong legal grounds to enforce your contract and even take further civil / criminal actions against the other party.  On the other hand, the other party is not the most rational person in the world and is becoming more and more hostile and if you take further action, they may escalate.  So what do you do??

I know that some of you are reading this and going, “you’re not giving us any answers?”.  Well, the bottom is “What do you want to happen??”.  It’s funny because a lot of attorneys will tell you that they want to know what your expectations are so they tell you the reality of the situation.

Under the first scenario, if you want to keep the house, you are going to have to come out of your pocket.  Plain and simple.  If you don’t, then it may not matter what happens to the home.  Same thing, under second scenario, what is more important, enforcing that contract or getting a potentially dangerous individual off your back???

The reality is that sometimes you have to stop for a second and evaluate your situation and decide what is best for you.  And the ugly part of it is that sometimes what is BEST for you is something you probably are NOT going to like.  Whatever, the situation, be advised of this particular fact, you are going to have to make a tough legal decision at some point in your life.  Be prepared for the worst and you may have to choose between worse and worse.  Just take the decision that you can live with so you don’t lose sleep or your personal well being staying up late at night haggling over two bad situations.

At some point in a contract, you have to decide for yourself how much you’re willing to give up and if it’s worth giving up.

Sometimes, we want something so bad that we are willing to ‘LITERALLY’ sign our life away. Now, I know that it sounds like I’m exaggerating a bit but let’s be real. Think about the contracts that you’ve signed and ask yourself if you would have signed those contracts under different circumstances?
Most times when we think about contracts that are crazy, we think about entertainment contracts for record companies or reality shows. But most of us won’t be on TV or making an album any time soon.

Let’s put it into a real situation that you can relate. Imagine signing up for a credit card. Your credit is bad so in order for you to get a card, you have to take one with an annual percentage rating of about 29%. That means that if your monthly fee is about $30, you’re probably going to be paying about $25 dollars in fees. So you know what that means?? If you buy something and after you purchase it, you only $500 on the card , if you make $30 per month monthly payments, you will only be paying $5 on the debt. So you know what that means? It will take you a 100 months to pay off the card at $30 a month (for those of you who want to know, that’s about 8 years of low monthly payments, assuming you don’t make any other purchases).

Move it up to something more significant like a car.  With bad credit, the best you can get is an 96 month car note with 15% interest.  By the time you pay off the car, you could have bought two cars.

But you know what?  You know YOUR situation.  If you need that credit card bad enough, you’ll take the hit and pay the 29%.  if you need a car, you’ll pay the 15%.  I’m not saying that you shouldn’t make those tough decisions when you have to make them.

What I am saying is this, be careful that you don’t put yourself in a tougher situation by signing a contract that is so egregious or who’s terms are so stringent that you end up putting yourself in greater financial peril than before.  Be smart.  It’s not smart to sign your life away.  You only have one.

Anthony Reeves, Esq.
Check out the BEST DAMN MORNING SHOW with a LEGAL twist
“LegalBEAT in the MORNING”
http://www.blogtalkradio.com/intheknow

A good friend contacted me because her tenants left her home in total chaos. They were late paying the rent on more than one occasion. They bounced checks. They destroyed property within her home. And now, she’s having a hard time finding them.

Now, she has to try to resolve as much as she can through small claims court and she is mad as hell. And she should be!

But let’s face it, it didn’t have to be like that but unfortunately, it is. People, you have to make a hard decision about what you are and are not capable of doing on your own. Alot of people are landlords but it requires you to really stay on top of your game because people will try you.

Check out a few things here to make yourself easier:
1) Avoid using boilerplate leases “as is”
For those of you who have never heard of the phrase “boilerplate”, this means those leases that you just print off the internet or copy out of the library or purchase from an office store. So many times, people just take those forms and use them ‘as is’ without modifying them to include additional provisions that they want to make sure are addressed. I’m not saying that you can’t use some of them ‘as is’. Just remember, they are ‘boilerplates’ which means that they address most situations but not ALL situations.

2) Get your deposits and the first month / last month
Some people don’t realize is that the ‘deposits’ may be used to take care of repairing any incidental wear and tear on the property. Also, the reason you want the first and last month is to make sure you at least have rent covered for up to a month beyond the day they leave. Follow me on this one. If the tenant decides to leave unannounced, at the least, you have one extra month of rent while you find a new tenant.

3)  Nip it in the bud early
If your tenants start getting in the groove of paying late or bouncing checks, you need to find out what you can do legally regarding your lease.  Most leases have provisions regarding ‘bounced checks’ or ‘late payments’ and the last thing you want to do is to give someone the thought that they can pay when they want to pay.  Trust me, the moment they set that trend, they will continue to do so and they will continue to take advantage of the situation.   Also, remember, that you can set the tone.   If the person pays late but they do pay, you may cut them some slack but if they are bouncing checks and paying ‘unnecessarily late’, you may have a problem.

4) Spell it out! Spell it out! Spell it out! IN YOUR LEASE, spell it out!
Ok, so you’re letting someone rent your home.  Recognize, most people who rent their homes have in their mind a fixed picture of WHAT they expect the home to look like when that tenant leaves.  Most leases probably have provisions regarding any changes in the structure or premises which must be communicated to the landlord.  However, the lease may be ‘ambiguous’ about certain things that the tenant may think is under ‘wear and tear’ or the ‘normal course’ of living in the home.  If you have something that you FULLY expect to be there when the tenant leaves, you better CLARIFY, you better SPECIFY, you better SPELL IT OUT!!

5) Don’t be afraid to take them to court
Don’t be surprised if you run into a bad tenant.  If you do, you may have to evict them.  Make sure you find out what the procedures are in your state for evictions (contact to help you) and take the necessary steps.  Also, don’t be surprised if you run across a tenant that leaves in the middle of the night.  If you are able to locate them (usually at their place of employment or through any references they provided), you can take them to court for breach of contract.

Being a landlord on your own can be a BEAST if you’re not prepared to do.  We’ve spoken alot about the things that can happen as a landlord but you also have to remember that as a landlord, you have certain duties regarding the upkeep and maintenance of the property.  A realtor can serve as a go between if you want to be a landlord but don’t have the time to commit to being a landlord.
Just remember, it’s hard enough to let allow someone to occupy your personal space but it can be nightmarish if you’re not prepared to deal with all the things that come with being a landlord.

Please be mindful of this unique point.  At some point in your life, someone is going to use the LAW as a weapon against you. 

Is this fair?? NO!! It is right? NO!! Should you run for your life?? NO!!

It can go down just this simple:
1) Do what I say or I’m taking you to court??
   Ok, so they are going to take you court.  For what???  Breach of contract??? Failure to comply? What is the situation that is driving them to sue you? Also, remember, just because they sue you doesn’t mean they will win

2) I’m going to report you for failing to pay child support and get you arrested?
   Now, if you KNOW you’ve been paying child support, why would you let this bother you???  Because they are pulling at your heart strings, that’s why!!  Remember, if you’re doing what you’re supposed to be doing, then you have a defense!

3) The law is on my side so I’m right so you better do what I say.
    Ok, how do THEY know that the law is on their side.  Did they go to law school?? Is their something they forgot to tell you??? Did they become an attorney in their spare time??

4) I’m going to have my lawyer get you!
    Ok, recognize this, that lawyer is not going to kick your ass so don’t stress.  They make take some legal action against you.  They may send you some nasty letters.  You may get some wild phone calls.  But if you know that you haven’t done anything wrong and you have all of your ducks in a row, guess what?? you can hire an attorney, too.

Remember, the practice of law is inherently adversarial.  This means (in the most basic sense), there are always two sides to every situation.  So with that being said, I tell people this, be mindful of what your rights and your circumstances are so you are always prepared. 

Don’t let someone hold the LAW over you like an Axe!

Ok, you’ve slipped and fallen in a business establishment! Yippee!! Pay day! All the way to the bank! Right?? Wrong!! Sometimes, it’s just not that simple!

Were you injured?? Did you sprain something?? Did you tear something?? Did you go to the hospital? Did you go to your doctor??   Are they going to do surgery?? did you miss any days from work??  What kind of meds are you on?? How much did you pay for in medical bills??

You need to think about all of those things!  Trust me, attorneys (Personal injury attorneys) do all the time.  Don’t get me wrong, attorneys believe in helping good people obtain justice.  That’s why they studied law.  But don’t get it twisted.  At the end of the day, they are business people as well and they can evaluate your case and make a determination of what it’s worth.

All of the questions I asked are just some of the things they rely on when making their determination.  All of those questions plus the use of comparison with jury verdicts, their experiences and discussions with other attorneys can give an an attorney a good idea of what your case may potentially be worth.

Now keep in mind, this number is just an approximation based on all of the variables listed.  The case could be much higher or much lower.

In any sense, you have to be aware of the fact that the number that is quoted is the attorney’s best evaluation.

Sometimes, THAT’s ALL it’s WORTH!  Regardless of how much YOU think your case is worth.  You may be surprised to find out that your case is worth substantially less.

Of course, you are totally entitled to seek a second opinion.  Some states, you are permitted to consult with another attorney.  You may even decide to switch attorneys.  Just remember this, at some point, no matter HOW much you think it may be worth, it may only be worth less than you think.

Like I said, in the end, sometimes, that’s ALL it’s worth!