Tuesday, March 29, 2016

At What Age Can A Child Be Left Home Alone?– Legal Notes

When it comes to the law age is often a factor in many different dealings. When it comes to certain gray areas however, it can be difficult to manage the right options. With that in mind consider what age a child is old enough to be left alone. There is no hard and fast rule about this but it’s important to consider moving forward. Taking a look at the law consider the following elements in regards to this notion.

State Rights


Every state has a different set of laws that can dictate child abuse and much more. In regards to being left alone, well, only a few states have put this into the books. Texas, Oregon, and Maryland are just a couple of states that discuss age limits. The minimum age in these states is 10. There are some  states that have lower age limits.  A good example of this is Maryland whose age is age 8. You can always investigate a bit more in regards to this but chances are the age is no lower than 8 if there is any mention of all.

Parental Rights


In the letter of the law you’re going to have to consider that parents have the majority of the legal elements. Parental rights extend in regards to responsibility of caring for a child. That includes deciding on whether or not you will watch them in the home or not. However, if something were to occur, lack of supervision becomes a matter of legal problem. In most cases it’s a misdemeanor. Parents can train their children for emergency issues but more often than not the law looks at the parent as the legal responsible parties when something goes wrong.

Preparation Is Key


Deciding on whether or not your child is ready to be left alone is tough at first glance. Only you can do that. You’re going to need to take into consideration of several different elements in this regards. Some children mature faster than others so you’re going to need to consider that. If you’re going to leave your child alone prepare them for anything and everything so that you can cover your proverbial bases. Furthermore don’t leave them for long periods of time alone focusing on no more than around 30 minutes at a time and going through preparation as such.

The law can be somewhat difficult to manage. If you are in doubt consider consulting a family law professional to help you understand this issue better. In most instances nothing will go wrong but being prepared is key moving forward.

Child Abuse Attorney Orange County

Monday, March 28, 2016

Simple Steps To Understand The Probate Process

probate attorneys
Probate is a legal term that comes up when dealing with administering an estate. You’ll find that this is in fact something that many people deal with and could end up in a complicated mess. This has everything to do with settling debts after someone has passed on. Whomever is named in a last will and testament may have to deal with probate issues in court. There are some steps to consider in this process that could alleviate the tension a bit.

Filing Petitions 

First and foremost a petition has to be filed from the heirs and any beneficiaries that are named in the will. The petition has to name an executor or administrator of the estate that has been left behind. This petition gets published publicly through newspapers, etc. Creditors that are owed money by the decedent will be notified here.

Court Appointments

There will be a court appointment issued when the petition is filed. Once that is in place representatives of the decedent will have to notify all creditors to look at the estate and take inventory. Claims will then be made on inventory. If values of assets cannot be done an appraiser will need to be called into look for non-cash elements.

Figuring Out Legitimacy

The representative of the estate will have to look to see what debts are in fact valid, and which ones will be paid from the estate. This includes having to decide what to sell, liquefy, and move forward with final bills. These all have to be paid from the estate itself.

Distributing Leftover Assets

After bills have been paid, creditors are satisfied, and the estate is left alone, the main representative will petition the court once again and ask for permission to distribute assets according to the last will of the decedent. From there paperwork is written up and financial non-cash assets and more will be distributed to the beneficiaries overall.

The above is a simplified probate process. Of course there is more to this than mentioned above but to get a picture of what many are dealing with, you can refer to the steps mentioned above. When in doubt it’s best to hire an attorney that can deal with the paperwork and other issues that abound within the confines of probate court dealings, petitions, and beyond. It’s difficult to do this alone but it is not impossible either.

Orange County Probate Attorneys at Gokal Law

Monday, March 21, 2016

Finding Fault When A Dog Bites In Idaho

It happens all the time, people traverse their daily routine only to find themselves in a tricky situation. For instance, in Idaho, a person could be bitten by a dog. Who is responsible for this? In the state who is liable for the injury that could be sustained by an individual that is bitten by a dog?

There is no federal law in regards to this which means the defining elements have to be within the state’s rights. Arguing this option requires a bit of information as to the nature of the issue but to define this in a simple manner it falls under the jurisdiction of the local courts. In other states the dog owners are completely liable. However Idaho doesn’t fall into the same framework as other states unfortunately.

The state supreme court in Idaho actually put on the books a simple rule of thumb that is going to illustrate the answer here. The owner of a domesticated pet is liable if they know that their pet has a vicious streak and can be dangerous.

Proving The Case 

This may seem confusion at first glance but it’s actually easy to understand when you break down a few things. Consider the notion of proving a case in this regards. A dog has bitten a man and they take the owner to court. The court has to see documentation that the dog has had previous incidents or acts that are on record. You cannot just say the dog’s breed is vicious nor can you just say that the dog was vicious without proof that there are other issues at play.

Modified Comparative Negligence

To make this a bit difficult in legal terms the state of Idaho has this law in place. Negligence in this case focuses on whether or not the victim in question provoked the animal. If they did there is no case and the owner is not liable. This becomes a difficult matter to navigate alone.

At the end of the day it’s best to consult a lawyer to fully grasp what can be done in Idaho if a dog bites you. Otherwise you’ll have to navigate the tricky letter of the law and hope for the best.

Orange County Personal Injury Attorney

Sunday, March 20, 2016

A Simple Look At California Real Estate Investing

Buying real estate is never going to cease. People of all walks of life look into this from time to time. Whether it’s to purchase a home or it’s for commercial real estate elements people are always going to be buying property. Now, in regards to California, the real estate market is quite good and investing is a smart move. When going forward however you’ll need to know a few things about how to protect yourself from scams that are all over the place.

Protecting Your Money

There are several things that you should know about buying real estate. The first of course is in regards to your finances. You should not approach this lightly. You need to make sure that you know what type of sale you’re going to get involved with. There is the short sale, the foreclosure sale, and the purchase-money sale. These three are different and can cause you to have severe headaches if you don’t understand them a bit closer.

The Short Sale

Focusing first on the short sale, you’ll need to realize that the list price will be less than the value of the home. That’s a good deal at first glance, but you need to remember that there are going to be fees, paperwork, and more. In fact, you’re going to be purchasing property from the bank and they are not in a hurry to unload property. In some instances, even with the proper paperwork filed, you will need to wait months or years for this to close properly. It’s going to take time simple as that. Furthermore, you’re going to need to consider the title in this case including land lease and more. It’s complex albeit tempting at first glance. It’s not a bad thing, it just requires a bit more work.

The Partition Sale 

This sale type is usually found when a person has passed or someone has inherited property from various means. Whatever the case is there are usually two parties involved and one doesn’t want to sell. You’ll have to be outside of the statues of limitations if you go with this sale and in the case of California you’ll need to wait a year otherwise you may have to fight in court to get the full title on the home.

Purchase- Money Sales

When investing this type of solution has a mortgage as well as a deed of trust. This means that if there’s a default the debt collected can be foreclosing on the home outright. This may be low cost up front but it’s going to be problematic if you fall behind on the mortgage payments so be careful.
At the end of the day it’s best to speak with a real estate agent that has some experience in the California marketplace. That way they can navigate these sale types and give you the best option moving forward.