Articles from January 2017

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WHAT TO DO IF MY DOG BITES SOMEONE

“I never thought my dog would do that!” is the quote oft heard by dog owners…after they have bitten someone. And it’s true – no one would think that their beloved Sparky would be capable of turning on a neighbor or friend. However, CDC researchers found that 4.5 million Americans were bit by dogs per year between 2001 and 2003. Criminal Lawyer Frank Fernandez suggests to keep adequate control of your dog indoors and have your dog leashed outdoors, unfortunate accidents can happen to the best of us. If your dog does bite someone, the following is a quick primer on how to handle the situation and your liability.

WHAT DOES THE LAW SAY?
In each state, laws are either One Bite or Strict Liability laws. The One Bite laws operate by the principle that a dog owner would only be held accountable for a dog biting if s/he had reason to think the dog would bite someone. This knowledge could include past biting incidents, whether the dog breed is a dangerous one, general character of the dog, or recent stressful events in the dog’s life. In litigation, the plaintiff would have to provide evidence that the dog owner should have known the dog was prone to biting and that the dog owner did not take measures that would have stopped the incident.

60% of states hold strict liability laws which are defined by the dog owner being held liable if the bite occurs at all, whether or not anything could have been done to prevent it or if there was prior knowledge as to the tendency to bite. The law does typically have provisions that the person attacked was legally allowed to be in the location s/he was at the time of the bite and that s/he did not provoke the dog.

WHAT TO DO?
If your dog bites someone or another animal, first help to make sure the person bit is all right or offer to get help, if further care is needed. Even if nothing is needed right away, encourage the victim to receive medical attention. Although some bites could be superficial and amount to not much more than a scratch, other bites can lead to infections if not properly treated. In addition, it is in your and your pets’ best interest to maintain veterinarian and vaccination records. These will help to avoid unnecessary treatment for the victim and unnecessary testing on your dog.

It is also in your best interest to call the local police to file a police report. Although you are the one held liable for the incident, police reports can help to accurately describe the facts of the case, especially if the details would morph in memories later on. In addition, give your detailed information to the victim. Similar to car accidents, do not attempt a hit and run – you are the liable party and it is the right thing to do.

Offer to pay for any medical care that would arise. There are insurance policies (often under homeowners insurance) that cover dog bite claims. Whether or not you decide to file an insurance claim, contact your insurance agent promptly after the incident. This avoids being forced to pay out of pocket if there are any time limitations on making a claim with the insurance company.

Although this is a scenario no one would want to have happen, it is best to be informed as to the laws in your state as well as a plan of action should an incident occur.

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PROPERTY TAXES

“I am proud to be paying taxes in the United States. The only thing is – I could be just as proud for half the money.” — Arthur Godfrey, entertainer

There likely isn’t a soul alive that who wouldn’t be happy with paying less in taxes. While politics can debate the use of the money and whether or not it is justified, the fact that taxes are more often than not increasing is rarely disputed.

The National Taxpayers UnionFor home owners, there is a chance you may be paying too much in property taxes. The National Taxpayers Union says that 60% of homes are overvalued and are taxed as such. If you appeal, there is a high chance you can gain a partial deduction.

ADVICE TO APPEAL
Some of the basic steps and advice in the appealing process are listed below:
• Be expedient! There are often time limitations to get appeal application delivered to local government.
• If you are planning to file the appeal yourself, keep in mind that the instructions need to be followed precisely. If they are not, the legality of the appeal is in question and the appeal will not be considered.
• Find out what the evaluation of your property is based on and request these documents.
• Look for any errors in the description of the house. This is by far the easiest way to win your appeal. Look at number of bedrooms, square footage, or additions to the home.
• Look for errors in other houses that your house is compared to. For example, if your house has 3 bedrooms, but the comparable recently sold housing data listed is for 4 bedrooms, it may be enough to convince the tax assessor’s office.
• If you have recently purchased the home, check to make sure that the value listed on the property is not more than your purchase price. The argument that your lower purchase price is, in fact, the actual market value, rather than the estimated market value on the tax documents, is a strong case for decreasing the tax bill.
• If the assessor comes to do the assessment again, walk through with him/her. You want to help them see the negative aspects of your house and your neighborhood and these aren’t always obvious to someone assessing value.

Without appealing, there are sometimes programs within your state or county that offer tax breaks; these are often based on age or income. These are definitely worth looking into, however, as savings can be substantial. Together, George Washington University Institute of Public Policy and the Lincoln Institute of Land Policy maintain a database listing the tax breaks your state is offering (http://datatoolkits.lincolninst.edu/subcenters/significant-features-property-tax/Report_Residential_Property_Tax_Relief_Programs.aspx).

PROFESSIONAL HELP
There are many tax consultants and tax attorneys that can be found through online searches. Be sure to find one who has good reviews and is credible. Often, it tax appeal lawyers will work on a contingency, meaning they are not paid unless you win your case. Their fee will be a percentage of the reduction.

So, while we all want to pay our fair share with taxes, no one wants to pay more than necessary. Know that a tax bill is a changeable document and understanding how the figures were arrived at can help to reduce it.

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WILLS

The fear of dying, thanatophobia or necrophobia, is ranked number 6 according to the Self Help Collective. While most people are not looking forward to their own deaths, most of us should not be paralyzed with fear in preparing for it. Based on our track-record, however, it would seem something is holding us back from facing Willthe practical steps that should be taken. A 2015 Rocket Lawyer survey (conducted by Harris Poll) showed that 64% of Americans do not have a will, with 15% saying that they do not need one at all. Even if you are not a billionaire with many assets, preparing a will can help avoid confusion upon your death.

DO I NEED A WILL?

A will helps to give voice to your wishes and instructions about what should happen to property after your death. A will allows you to name an executor(s) for your estate. This can help to give you peace of mind and alleviate some of the fear of death knowing that your loved ones would be taken care of the way that you would want them to be taken care of. It can also avoid fighting between loved ones as to who is in charge or who would receive which asset. Make sure you get an identity theft lawyer for your case.

For parents, having the voice to name guardians for your children is another extremely important reason to create a will.

Different from what happens to your estate or your children is what happens to you. Living wills are medical directives sharing the type of medical care you would wish to receive if you are unable to communicate that for yourself. Similarly, adults can appoint someone to be their healthcare power of attorney, or the person who would make healthcare decisions if you are not able to do so.

WHAT HAPPENS WITHOUT A WILL?
Essentially, without a will, all control of your inheritance is given to the state where you live. Laws vary from state to state, but generally favor your spouse and children. If not married, your inheritance is given to a relative. This could leave long time partners, friends, or charities with nothing, even if that is what you may have intended.

With no executor named, an administrator is appointed by the courts. This person will likely be a stranger to the family and is able to make decisions that would not necessarily agree with your wishes. With no will in place, courts are charged to appoint guardians for children. The entire process is quite expensive and slow as the estate enters into probate court, or the process of transferring your property to the recipients.

HOW TO MAKE A WILL?
Many people do not know where to begin in terms of creating a will. Online wills and estate planning softwares are easy first steps. It is also possible to write your own will using writing guides.

While you are not required to hire a lawyer to prepare a will, they can help to make sure your will legally pass muster. Even if you begin the process yourself or utilize the kits, have these checked by an attorney. Simple mistakes, such as the number of witness signatures or ensuring that any recipients are not also witnesses, can be avoided by a quick consultation with a lawyer. After coming this far with the will process, it is important to avoid any mistakes that would invalidate your will.