Dealing with and planning for death is never an easy thing. However, it is important to plan ahead and understand the basics of transferring the estate. When considering your <a title="Estate Planning" href="http://gundersondenton.com/services/estate/">estate</a> or the estate of a loved one, a few important things you should know include:


I. The State Law that Governs Wills and the Transfer of the Estate

First, it is important to understand which state law applies. Generally, the state law that applies is the state where the decedent legally executed the will or, if there was no will, the state where the decedent was domiciled at the time of death. Accordingly, Arizona law applies when there is a valid will that was created in Arizona or when the decedent dies without a will while domiciled in Arizona. The term ‘decedent’ refers to the person who died. ‘Domicile’ is determined according to the location of the decedent’s residence, where the decedent paid taxes, received mail, where he/she was registered to vote, etc.

II. The Administration of the Estate 

It is also to understand the basics surrounding the administration of the estate. In Arizona, the court will either appoint a Personal Representative, or will recognize the one named as such in the will. The Personal Representative’s responsibilities include accounting for and protecting all assets in the estate, notifying creditors, and distributing the estate. The Personal Representative may receive ‘reasonable compensation’ in AZ, but it is not a percentage of the estate according to the will or state law.

III. The Order of Priority 

Another important concept to understand is the order of priority in distributing the estate. Priority exists for times when the amount of the estate is insufficient to distribute to satisfy all expenses, debts, and intents from the will. The order of priority is generally as follows:

Administration of the Estate - These include administration fees, attorney fees, and any other fees necessary for the safeguard and distribution of the estate.

Statutory Allowances - When the amount in the estate is insufficient to pay out all the allowances, Arizona laws create priority among the statutory allowances. The only thing that has priority over these allowances and exemptions are the expenses to administer the estate. If there is no money remaining after one of the items, the others will not receive anything. The allowance include a Homestead Allowance of eighteen thousand dollars, a Family allowance limited to twelve thousand dollars-either paid in a lump sum or by monthly installments over a 12-month period, and an Exempt Property Allowance of seven thousand dollars.

Creditors - These are the creditors of the decedent, subject to A.R.S. §§14-3801, 14-6102, and §14-6103.

Heirs and Devisees - These are the people who are inheriting property from the decedent according to the will or state laws.

IV. The Estate’s Responsibilities to Creditors 

Although there are many benefits that a Limited Liability Corporation (LLC) entity may provide for your company, there is inherent potential for problems with decision-making. To avoid problems with decision-making in your LLC, it is important to be fully aware of governing laws and how they will affect your business.

How to Avoid Problems with Decision-Making in your LLC

Unlike other business entities, owners of an LLC have almost unlimited discretion to decide the roles of owners and management, specifically regarding decision-making. Owners (usually referred to as “members” in an LLC) may choose to manage the business personally, thereby keeping the decision-making power. However, they may also choose to delegate the decision-making authority to managers, those they select to run the business. In this scenario, the owners typically only vote on major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new owner. If there are no specifics in the Articles of Organization, the default prescribed by state law is for the LLC to be member-managed.

Decision-Making problems with a Manager-Managed LLC

Creating Manager-Managed LLC with multiple owners is much like establishing a corporation with the Managers as the Board of Directors and owners as the shareholders. Typically, only major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new Owner require votes from the owners. The managers make day-to-day operation decisions. This creates an obvious problem if a member disagrees with the decisions that the managers are making. Unfortunately, in a Manager-Managed LLC, the members usually must file a derivative suit in order to overthrow a decision, similar to shareholders against the board of directors in a corporation.

Decision-Making problems with a Member-Managed LLC

Choosing a Member-Managed LLC may create problems with decision-making as well. In a Member-Managed LLC, each member has equal rights, a majority of the votes wins, and each member is responsible for the day-to-day operations. The default rules give each member equal voting and decision-making rights, irrespective of ownership percentage. You can imagine the problems that may arise when there are multiple owners and major decisions to be made under the default rules. This problem may be avoided by allocating rules about voting and decision-making in the Operating Agreement and Articles of Incorporation.

Solutions to Decision-Making Problems in an LLC

Solutions to avoiding these decision-making problems include defining the decision-making powers and roles carefully in both the Operating Agreement and the Articles of Organization at the creation of the LLC. You may choose to be Member-Managed LLC, you may elect the members as managers, or you may define voting rights and decision-making rights differently. Creating an LLC Operating Agreement specific to your company’s unique needs and circumstances will provide effect long-term protection to your business strategies and results. Our Phoenix Arizona business attorneys at Gunderson, Denton & Peterson can further ensure that you create your LLC in the way most advantageous to you and your specific goals with the company.

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<a title="Gunderson Denton &amp; Peterson Google+ Page" href="https://plus.google.com/b/105217913581333191088/" rel="publisher">Gunderson, Denton &amp; Peterson, P.C.
By Brad Denton
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Employment anti-discrimination laws prohibit employers from asking interview questions that discriminate illegally. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, disability, age or national origin. The EEOC (U.S. Equal Employment Opportunity Commission), created by the Civil Rights Act of 1964, enforces these laws. This protection against discrimination extends to hiring, firing, promoting, setting wages, testing, training, and all other terms of employment. Accordingly, certain questions asked during interviewing may be discriminatory, and consequently, the interviewing employer may be vulnerable to discrimination suits. To interview effectively, employers should know these discriminating questions and possible alternatives to avoid such liability.

Questions to Avoid
Employment anti-discrimination laws prohibit employers from asking direct questions about race, color, sex, religion, national origin, birthplace, age, disability, and marital or family status. Some examples of questions employers should not ask are:

Race, Color, Religion, National Origin:

Are you a U.S. Citizen?
Where did you grow up?
Will you need personal time for particular religious holidays?
 

Age:

When did you graduate from high school?
Are you comfortable working with co-workers older/younger than you?
How long do you plan to work before you retire?
 

Gender & Family Status:

How many children do yo have? How old are your children?
What arrangements are you able to make for childcare while you are at work?
Do you have plans to have children soon?
What does your spouse do for a living?
Are you comfortable working for a female boss?
 

Disability:

Do you have any visual, speech, or hearing disabilities?
Are you planning to have a family and when?
Have you ever filed a workers' compensation claim?
Have you had any serious illnesses in the past year?
How many days of work did you miss last year due to illness?
 

Possible Legal Alternative Questions:
Rather than asking directly about race, color, religion, national origin, age, gender, family status or disability, the focus of the questions should be on behaviors, skills and experience needed for the position. The questions should be used to discover and predict job-related performance of the potential employee, rather than discovering personal information. Some examples of possible legal alternative questions are:

Race, Color, Religion, National Origin:

Are you authorized to work in the United States?
Do you have any language abilities that will benefit you in this job?
Are you part of any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?
Are you available to work on Saturdays or Sundays?
 

Age:

Are you over the age of 18?
Can you provide proof of age after employment?
 

Gender & Family Status:

Would you be willing to relocate if necessary?
Do you have any restrictions in your ability to travel?
Do you have any responsibilities or commitments that will prevent you from meeting your specified work schedules?
 

Disability:

Are you able to lift 40 lbs and carry it 100 yards, as that is part of the job?
Are you able to perform the essential functions of this job with reasonable accommodations?
 

Employers should know what questions may and may not be asked according to employment laws. Rather that direct questions regarding race, color, religion, national origin, age, gender, family status, or disability, the questions should focus on skills, behavior and experience needed for the position. Our <a href="http://gundersondenton.com/arizona-employment-lawyer/" title="Arizona employment attorneys">Mesa employment lawyers</a> at Gunderson, Denton & Peterson, PC can assist you with employment and other business related matters.

Published By: 

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Re-Published from: http://gundersondenton.com/employment/questions-employers-potential-clients-interview/
Brad Denton

Related Posts:

How Can an Employee Handbook affect the Employment Relationship?

Despite the lessons presented from Arizona’s SB 1070, Georgia passed its own immigration reform bill, the Illegal Immigration Enforcement Act, HB 87. Although moral and political issues are at the forefront, the detrimental impacts on Georgia’s economy may exceed the negative affects of Arizona’s SB1070.

Similar to Arizona’s SB 1070, Georgia’s HB 87 makes it a crime to knowingly harbor or transport undocumented immigrants, imposes harsh penalties for providing false papers to undocumented immigrants, orders law enforcement to check the immigration status of anyone they “reasonably suspect” to be in the country illegally, and expands the requirement for employers to use the federal E-verify system, which checks the work eligibility of employees.

Many criticize Georgia for not learning the lessons Arizona’s SB 1070 has presented us, and further predict that the Georgia immigration bill will bring similar detrimental impacts, just as Arizona’s SB 1070 has. After passing SB 1070 in April of 2010, Arizona lost an estimated $141 million dollars from cancelled conferences, $250 million in lost economic output, a projected $86 million in lost wages, 2,800 jobs over the next two to three years, and more than $1 million the state spent in legal fees defending the law.

Modeled after Arizona’s SB 1070, Georgia’s HB 87 provided a similar outcry of opposition. Costly litigation ensued. Several provisions were found unconstitutional. Many argued that Georgia would subject itself to the same negative financial effects that befell Arizona after enacting SB 1070. The major financial concern is the negative impact on Georgia’s agricultural industry due to the reduction in migrant workers (both documented and not). Notwithstanding arguments of moral and ethical issues, and projected negative affects to the agricultural industry in Georgia, Governor Nathan Deal signed the bill into law on May 13, 2011, with an effective date of July 1, 2011. The E-Verify requirement for employers went into effect on January 1, 2012.

Although it is too soon to see all the damage the HB 87 will cause in Georgia, there are already strong indicators of detrimental effects. The Center for American Progress released a report stating that Georgia’s economic losses will be at least as serious as what Arizona suffered, and projects the losses to continue to grow over the coming years. The study predicts four key detriments:

* Farmers will likely replace the absence of migrant workers with mechanized processes. As a result, $800 million per year could be lost.

* Due to resource discrepancies between larger and smaller farmers, the loss of migrant laborers will affect smaller farmers more severely.

* Loss in the state’s agricultural sector will have negative financial impacts across all industries. This will lead to an increased unemployment rate statewide.

* Changes in Georgia’s agricultural industry will have negative affects across the country, including higher food prices and possible issues with food safety.

Despite the effects from Arizona’s SB 1070 and other legislative history, Georgia farmers and Americans around the country may shortly see the harm of lessons taught, but not learned. Although moral and political issues are at the forefront of immigration reform, the detrimental impacts on the economy may prove the biggest impacts of Georgia’s Illegal Immigration Enforcement Act, HB 87. 

While politicians continue to attempt to pass immigration reform, qualified Arizona Immigration law firms remain the best source to learn what options are available now for both employers and workers who wish to protect their interests and secure their lawful status in the United States.

1) In Georgia, Politics Trump Common Sense on Immigration; Leaving “Wisdom, Justice and Moderation” Behind, 4/15/2011. Immigration Policy Center, American Immigration Council.
2) How Georgia’s Anti-Immigration Law Could Hurt the State’s (and the Nation’s) Economy, Center for American Progress, Tom Baxter, October, 2011. 

Published By:
Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
http://blog.arizonaimmigrationlawyeraz.com/lessons-presented-arizonas-sb-1070-georgia-passed-version-hb87/

For more on Arizona immigration law see: 

Family Based Immigration Lawyers

Comprehensive Immigration Reform Act of 2011 Introduced: An Attempt to Fix a Broken Immigration System

By using on the internet resources and literature, thousands of people avoid legal representatives to create their own wills, powers of attorney as well as other estate planning paperwork. The pros and cons of developing your own legal documents without professional guidance can vary by person. For people who have difficult family or legal instances affecting children from various spouses or sizeable wealth, specialist help is very important. For young, single men and women with fairly simple necessities, a small number of investments and no complicating factors there’s room for disagreement.

Typically even in quite easy circumstances, individuals make mistakes when they prepare their own documents. People often get a false feeling of safety from establishing their own legal records, where addressing one question erroneously or overlooking something such as employing a guardian for children or not planning on a named beneficiary; future needs and problems may result in major complications down the line.

Skilled Arizona estate planning attorneys know which things to ask, and know what to do with the responses.

Without an estate planning law firms aid, you may not comprehend the technical but crucial terms of crucial records. Therefore, you might mistakenly give somebody more power than you ought to at the wrong time when making a “durable power of attorney” document, for instance. That file essentially gives another person the ability to look after your funds. If that person isn’t reputable, he or she could steal from you. If the document isn’t done accurately or doesn't have specified required language then it might not be applicable.

An additional risk is when it comes to transferring your residence to your designated beneficiaries after you pass away, a self-written will could contain omissions or statements that lead to accidental results. Without the help of an estate planning law firm, a person might not get ready for contingencies including being pre-deceased by children, divorce, or the births of new kids, unknown collectors of heirs, etc.

If you don’t think you can pay for a complex estate plan at present, get started with what you could afford. Then, let your planning develop and broaden as your necessities modify and your money situation improves. Don’t attempt to do this yourself to reduce costs. A skilled Mesa Arizona estate planning attorney will be able to supply vital guidance and peace of mind that your precise plan accommodates your specific preferences.

* This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Creating a sales agreement which can get the maximum return on investment and limit obligations
 
Large risks could happen when starting a business. Based on the Small Business Administration, only 50 % of new organizations survive past five years. A good way to reduce the chance of as a business owner is to find an active enterprise with verified net income or profits. Though buying an existing enterprise minimizes risk, it comes with a significant price. To safeguard the investment, a purchaser ought to guarantee that he gets what he bargained for. This can be accomplished by making sure a detailed sales agreement is made.

When acquiring an organization there are many things that needs to be dealt with. A Phoenix business attorney will help you by asking the important questions and focusing on the areas which may have the greatest influence on the business’s future success. One example is, what portions of the company should you purchase? Is it best to buy the existing business entity or should a new entity be established just to buy the assets? The style in which the business is purchased can have a great influence on a business’s future responsibilities. The response to these questions will depend on the precise situations surrounding each business purchase. 

When choosing an organization, there is typically a concern that the prior owner will start a new competing organization. To solve this potential, a legal professional can make a Covenant not to Compete. This covenant needs to be an important part of the sales agreement as it stops the prior owner from being a competitor for a determined amount of time, boosting your possibilities for success.

Purchasing a organization without a comprehensive sales contract exposes both you and your company to financial risk. With the aid of a qualified Arizona business lawyer, you could reduce your risks and increase your potential profits by having a beneficial sales agreement that handles the main concerns.

Determining the potential immigration solutions is dependent upon all the circumstances. Frequently, before someone could become a US citizen, they have to first be a Permanent Resident (i.e., get a “green card”). Citizenship is a whole different area - so I will save that, too, for a future article. First points first!

To be a Permanent Resident of the United States, there must be a US resident sponsor that's the individual's husband or wife, parent, adult child or brother or sister. A Permanent Resident (a “green card” holder) can even be the sponsor, but only for the Permanent Resident’s partner or unmarried child.

If the person looking for Permanent Residency (a green card) is the partner, mother or father or minor child of a United States citizen, they are described as “Immediate Family.” That is definitely a major plus. For Immediate Family, the procedure is usually much faster: 4 to 6 months, in some instances (naturally much is determined by their certain situations).

If the individual trying to immigrate is not an “Immediate Relative” the procedure usually takes considerably longer. For these people there are a small number of immigrant visas available each year. This restricted number is additionally ‘rationed’ to a given amount for every country, and also for each different visa type. It really is a good idea to speak to a Phoenix  visa law firm to carry out this process.

Year after year, more people submit an application than the volume of offered visas. Thus there are backlogs. The length of the backlog depends on the actual relationship to the person’s sponsor, and in addition will depend on the country they were born in. Depending on those factors, the backlog can be about 8 months to almost 20 years!

These are simply the threshold concerns. There are numerous additional issues to consider that might impact the solutions. As you can see, the procedure can get rather difficult! Call a Phoenix immigration attorney today!

This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Making certain your not on the wrong side of a one-sided agreement!

Most firms rent the property where they do business. The lease may be a significant investment for a organization, and sometimes could be the difference between enjoying a profit or enduring a loss. The rental can also commit a business for an prolonged time period, closing off other alternatives. Consequently, it is crucial that business owners settle thoroughly in selecting their lease terms and employ a qualified Mesa Arizona real estate legal professional to examine the legal agreements.

Industrial Lease Discussions
Developing a business lease is extremely different from forming a residential lease. Commercial tenants are believed to be more sophisticated plus they are provided fewer protections under the law. Additionally, the terms of a commercial lease are usually far more flexible than the terms of a residential contract. The initial draw up of a industrial lease that is provided to a possible renter usually has terms that highly favor the landlord. Nonetheless, it is expected that the renter will bargain for more equitable conditions. Here are some basic questions that should be clearly clarified in your agreement:

What exactly is the term of the lease and when will it commence? Is there a renewal choice and whose option is it?

Is the rented property clearly detailed? Will it consist of restrooms, common parts, or auto parking?

Who pays the utilities, maintenance, taxes, and insurance coverages?

Do you have a gross rental, a net rental or some combination?

Is there an exclusivity condition that keeps the owner from leasing to a opponent? What's the meaning of a competitor?

How much is rent? Will the rent increase every period? Is there a max on the amount that rent can expand?
 
Careful Analysis of your Commercial Agreement
There are lots of significant terms which is important in your lease. Business leases can become complicated, and it is important that you contact a law firm informed about real estate dealings to ensure that you receive a rational business lease that will profit your enterprise. Many of the Mesa real estate lawyers at Gunderson, Denton & Peterson have experience with analyzing, bargaining and litigating industrial leases, and regularly counsel with consumers to identify major issues and guard clients’ particular lease interests.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

On the subject of business regulations and real estate law, Arizona is actually something else entirely. In the state of Arizona, the real estate law covers a lot of factors regarding rental houses and selling your home. With all of these legal issues, it is vital that you have a real estate legal professional that you can seek advice from because you don't want to get trapped in technicality like if you are leasing a residence. Under the law, you need to wholly disclose all information concerning the home that you are selling; any attempt of concealment is a violation of the legislations and can be charged as a class six felony, something that you can prevent with the help of your Phoenix real estate lawyer. So, it is definitely crucial anytime you are thinking about renting out your real estate or selling it, have an understanding of the regulations through your real estate legal practitioner simply because they will enlighten you with what you have to do.

With regards to understanding the Arizona Business Legal requirements, it is always imperative to get the knowledgeable help and advice of a business legal professional so that you will fully know the extent of your legal rights within the system. It is recommended when you are starting up a company, you should know the laws that is involved in the business and a business attorney is the man or the woman for the task. Nothing beats knowing what you can and can't do, once you choose to start-up a business. If you are up to investigating, you can head to the Arizona State website, simply because they offer different services and they have a link that goes right to business rules. There you can get all that you may need to learn and if there are some or any material that you cannot understand, call the nearest or a reputable Phoenix Arizona business attorney to get the expert aid that you need.

It's just really a matter of understanding what you can and should not do in relation to regulations, whether it is for real estate or for your company. It is a smart aspect to know an Arizona business legal representative or an Arizona real estate legal professional being that they are truly the ideal individuals to ask for all the questions which you have with regards to real estate or business.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Phoenix Arizona visa lawyers and immigration attorneys both take care of very similar matters involving immigration, travel visas, asylum cases, and some areas of international business. Immigration legal professionals are located in just about any country worldwide and they specialize in helping people correctly visit or move to their respective countries. This might mean helping a person get a travel visa to study at a university or college in the united states or it might mean assisting a family to obtain travel visas to visit the country for a summer vacation trip. Sometimes, some might have to assist temporary laborers find the legal resources to become citizens or long term residents. Arizona immigration lawyers will be able to also assist individuals that are applying for asylum in the united states or in need for someone to vouch for their human rights case to avoid deportation. More serious cases may involve them serving people that have breached the immigration laws and regulations and stayed over the period of time they were initially given to visit the nation. 

A number of international businesses may use these types of law firms in order to bring international workers to the nation within the law and secure their work visa papers. Regardless, most nations have very complex immigration rules that can cause folks a whole lot of issues if they don't understand them. Lots of people will meet with a Arizona immigration lawyer to discuss the legal issues of their visit before they leave and maybe while they are there to be certain that they stay legal.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.