Probates after Re-marriage

May 28

The death of a spouse is a very traumatic and saddening life event. Unfortunately, it also leaves the widower with many legal procedures to go through. This distressing process can add to the confusion if the deceased spouse has remarried.

When a married couple buys a property together, both own 50% of the property unless otherwise stated. Thus, even if the couple gets divorced, they both still own the property.

In Texas, both formal and informal marriages are recognized. The legal elements of a common law marriage include the following: a man and woman agree to marry, live together and tell others they are married. These elements are confirmed through tax returns and witnesses to the marriage.

Unfortunately, the deceased spouse has explicitly re-written his or her will, their first spouse will receive the property. It is very important to rewrite one’s will if he or she has remarried after the divorce or death of a spouse.

If your spouse has passed away or you wish to revise your current will, the services of a probate lawyer can help make the process more manageable.

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Tooth Care for Babies

Apr 19

Having a baby is a new and exciting adventure. One of the obstacles in caring for your child is learning how to care for his or her teeth. Poor tooth care can result in many problems including cavities and gum disease, so good dental hygiene should be practiced from an early age.

In order to properly clean your child’s gums, use a wet cloth or piece of gauze to wipe her gums. Make sure to clean the gums at least twice a day, especially after meals and before bedtime.

When your child begins to grow her teeth, begin brushing with a toothbrush. Choose a brush that is soft, has a small head, and a large handle. Be wary of tooth decay in your child’s teeth. If you see irregular brown or white spots, contact your child’s dentist as soon as possible.

To avoid cavities, avoid giving your child sugary drinks such as juices and sodas. Sugar encourages bacteria to grow within your child’s mouth so it is beneficial to avoid these kinds of drinks.

Setting good oral hygiene habits early on is important as it will establish them in your child as she grows.

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Elements of Valid Informed Consent

Mar 12

Between complex medical terms and high co-pay costs, having a medical procedure can be an intimidating and sometimes confusing process. This is why doctors are required to ask for informed consent from their patients before conducting a treatment or procedure. In order for a patient to give valid informed consent, the three elements of disclosure, capacity and voluntariness must be present.

Disclosure makes it necessary for the doctor to provide a patient with the information necessary to make an educated decision. This includes disclosure of potential risks and alternative procedures. These facts must be presented to the patient in layman’s terms, such that the doctor assesses that the information has been effectively communicated.

Capacity is a term used to describe the patient’s ability to form a reasonable judgment. For example, there is no valid informed consent if the patient is in a coma or mentally disabled.

Voluntariness is the patient’s right to freely choose without outside pressures. The patient’s rejection of the treatment or procedure should not result in any penalty.

If you or a loved one feels that your doctor failed to thoroughly inform you about your options before pursuing a course of treatment, a medical malpractice attorney may be able to help you hold him or her accountable.

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“Gang of Eight” Proposes INVEST Visas for Non-immigrants

Feb 26

Lately, the US immigration process has been undergoing many revisions. The “Gang of Eight,” a bipartisan group of US senators, has proposed an employment based immigration program called the INVEST visa program. This merit-based program has two different types of visas, a non-immigrant INVEST visa and an immigrant INVEST visa.

In order to obtain a non-immigrant, renewable 3-year INVEST visa, the applicant must have a business that has created 3 or more jobs and has generated at least $250,000 in annual revenue in the US two years prior to filing for the visa. In addition, the applicant must show that there has been at least a $100,000 investment in his or her business within the last 3 years.

The INVEST immigrant visa is an entrepreneurial green card and calls for the applicant have: considerable ownership in a US business, be employed as a senior executive in a US business, have a significant role in the founding of the business, have lived in the US for 2 or more years under a legal status, have received at least $500,000 in investments and created at least 5 jobs in 3 years prior to filing or have generated at least $750,000 in annual revenue 2 years prior to filing and created at least 5 jobs.

Obtaining visas is a long process full of legal issues and pitfalls that may force the applicant to start over again. An immigration attorney can help you obtain a visa while avoiding time-consuming and costly mistakes.

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Publishing in the Sciences

Feb 03

Publishing in the Sciences

Scientific publishing provides one of the most important ways in which professionals and researchers in a variety of fields can share ideas and new research with one another and is an incredibly important part of the scientific process. Academics from a variety of institutions frequently collaborate on articles and other works for publications, building on previous research and expanding the field in the process.

There are a number of different types of scientific publications, the most prominent and well-known being journal articles. There are an incredible number of academic journals tailored specifically to subjects in both the natural and social sciences, most of which can be accessed through well-known scientific databases like MEDLINE, BioOne, and Nature.

However, journal articles are not the only mode of collaboration and publication for those in the science field. Many professionals, especially in the natural sciences, hold patents together for things specialized for their scientific fields, like chemical and biological patents.

Additionally, numerous researchers are assigned tasks by government bodies, like the Office of Science at the U.S. Department of Energy, looking for research on a given issue or problem. The published reports of these studies comprise a considerable amount of the overall scientific publishing that takes place in the U.S.

Many researchers publish books, either on their own or collaboratively, on a number of topics in the sciences. Often, these books are comprised of individual articles or studies that people have published separately and decide to join together to create a more cohesive picture of a given topic or problem. Additionally, this collaborative approach is also found in textbook publishing for the sciences, as educators and researchers with specialization in a given field tend to contribute just one chapter of an overall text, with other chapters being written by experts in those respective fields or sub-fields.

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What is Accessible Publishing?

Feb 02

What is Accessible Publishing?

In year’s past, there was very little variety in the ways in which readers could interact with published materials. Most materials came printed standard, and possibly, in large print format or in braille. Fortunately, with technological advances and innovations in the publishing industry, a wide number of options have been made available to individuals who want or need to interact with printed material in a format different than standard print. This is widely known as accessible publishing.

With current accessible publishing options, readers can connect with written texts in a number of ways depending on what their needs and preferences happen to be. While large print text and braille printing are not new additions to publishing, modern technology has made it easier than ever to produce braille works on demand, and release print and digital versions of works with varying degrees of larger text. Additionally, many e-readers, like Amazon’s Kindle, come standard with the ability to change the size of the text display, allowing multiple readers utilizing the same device to adjust the text size to their preference.

Digitization advances have also made it possible for works to be quickly and easily converted into digital documents that are compatible with audio readers – devices that scan text and read it out loud to individuals who have difficulty reading or seeing text. In years past, individuals who wanted to utilize an audio version of a published document would have to wait for an audiobook publisher to make a title available in their library.

While larger titles would often get added, this was little help to individuals who wanted access to lesser-known works or journals and articles from smaller publishing houses.However, with the right equipment, individuals can now take any published documents, scan them, and have them ready by computer software that will make them readable by audio reader programs.

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Publishing and Public Domain Works

Jan 21

Publishing and Public Domain Works

When an author publishes a work, he or she immediately becomes the copyright holder for that work and for all intents and purposes, “owns” that work. This means that it cannot be reproduced / used / sold without their permission, and that any money made off the sales of this work will have to be shared with the copyright holder.

However, copyrights do not last forever, and once a party’s copyright for a given work expires, the work falls into what is known as the “public domain.” Once a work enters the public domain, it no longer has an owner, meaning that publishing companies, script writers, and other entities can use the work without having to pay royalties on it, or obtain royalties through a business lawyer.

However, determining when a work falls into the public domain can be a complicated undertaking, as a number of different laws have affected when a copyright expires and the work becomes available for free use. In years past, an easy rule of thumb was that a copyright lasted for 75 years, at which point a work would become part of the public domain.

The Sonny Bono Copyright Term Extension Act (CTEA), however, passed during the Clinton administration, added an additional 20 years to the length of a copyright holder’s ownership of their work, meaning that with the exception of certain publications, such as supreme court rulings and some other government documents, most published works will be protected under copyright laws for 95 years. CTEA was challenged publicly in 2003, but the U.S. Supreme Court rejected this challenge.

As is, all works published before 1923 are currently in the public domain, and because of the changes implemented by the CTEA, no new works will enter the public domain in the United States until 2019. Publishers and other parties need to pay close attention to issues like public domain and copyrights in order to avoid taking action that violates a party’s copyrights, opening them up to potential legal action from the copyright holder.

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