Will I face retaliation if I file a wrongful termination case?

The Equal Employment Opportunity Commission enforces federal law that prohibits employers from committing acts of retaliation on employees or job applicants who report them for abusive practices that are performed for discriminatory reasons. In other words, federal law and the EEOC ensure your safety from retaliation when you are acting as a witness or filing a complaint or lawsuit against a former employer for wrongful termination. On top of that, WH Law’s wrongful termination lawyers will also stand up for you. We’ll ensure you receive punitive damages against former employers who cause you any emotional distress or harm. Check out our FAQ page for more info about our firm’s wrongful termination and other related practice areas.

Do I still have a case if I signed a severance agreement?

Yes, but it can end up being a little more difficult in some cases. Severance agreements can sometimes include something called a “release of claims,” which is a section of the agreement that releases employers from any liabilities that can arise from your termination. This can make your wrongful termination case tougher to resolve, but that doesn’t mean we’re at the end of our rope. A solid team of Arkansas wrongful termination lawyers helps you show the court that you had been wrongfully terminated despite signing a severance agreement. Because wrongful terminations are illegal, it can mean that the release you signed is invalid.

How long do wrongful termination cases take to resolve?

Honestly, the answer to this depends on the details of your case, especially on how clearly your previous employer violated your rights. Since some cases aren’t always as clear-cut as others, wrongful termination cases, which is why they can range from a few months to several years before they are resolved. In any case, it is best to speak with a reputable employment attorney to figure out the details of your case to get an accurate view of how long it will take to settle.

When is it a good time to talk to an Arkansas wrongful termination attorney?

The short answer: as soon as an employee believes they have reason to suspect they’ve been wrongfully terminated. This is so that you and your attorney can start putting together your case against the business that harmed you and your livelihood. In addition, the state of Arkansas’s statute of limitations on wrongful termination claims is 180 days, or six months, after the time your former employer dismissed you from your position. So, if you believe you have suffered a wrongful termination, make sure to meet with a wrongful termination lawyer and file a claim with the Arkansas Department of Labor within that time.

Can an employer fire me for political or religious beliefs?

No, it is illegal for an employer to fire an employee based on their political or religious beliefs. Under federal law, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion, and the First Amendment to the U.S. Constitution provides protections for freedom of speech and religion. Similarly, some states and localities have laws that protect employees from discrimination based on their political beliefs. For example, California prohibits employers from discriminating against employees or job applicants based on their political affiliations or activities. However, it is important to note that the protections afforded to employees may depend on the nature of their employment. For example, employees who work for private employers generally have fewer protections than those who work for the government. Additionally, employees who work in certain industries, such as religious organizations, may be subject to different rules and protections. If an employee believes that they have been terminated because of their political or religious beliefs, they may be able to pursue legal action. They should consult with an experienced employment attorney who can help them understand their legal rights and options and guide them through the legal process. An attorney can help the employee gather evidence, file a claim with the appropriate agency, and pursue legal action to protect their rights and obtain compensation for their losses.

Can I be fired for refusing to do something illegal?

No, an employer cannot legally fire an employee for refusing to do something illegal. In fact, federal and state laws protect employees from retaliation for reporting or refusing to participate in illegal activity. This protection is often referred to as “whistleblower protection.” Under federal law, the Whistleblower Protection Act (WPA) protects federal employees who report illegal activity from retaliation by their employer. Additionally, the Occupational Safety and Health Administration (OSHA) provides protections for employees who report safety violations or refuse to engage in hazardous activity. Many states also have their own whistleblower protection laws that provide additional protections for employees who report illegal activity or refuse to participate in such activity. If an employer retaliates against an employee for refusing to engage in illegal activity, the employee may have legal recourse. They may be able to file a claim with the Equal Employment Opportunity Commission (EEOC) or their state’s equivalent agency, or they may be able to file a wrongful termination lawsuit. It is important for employees to understand their legal rights and protections and to speak with an experienced employment attorney if they believe that they have been retaliated against for refusing to participate in illegal activity. An attorney can help evaluate the strength of the case, gather evidence, and pursue legal action to protect the employee’s rights and obtain compensation for their losses.

Can an employer fire me without giving a reason?

As an at-will employee, an employer can generally terminate your employment at any time, for any reason, or for no reason at all. This means that an employer can terminate an employee without giving a reason for the termination, as long as the reason is not discriminatory or retaliatory. However, there are some exceptions to the at-will employment rule. For example, if an employee has an employment contract that specifies that they can only be terminated for cause, the employer would be required to provide a reason for the termination. Additionally, if an employee is terminated in violation of state or federal law, such as for engaging in protected activity or in violation of anti-discrimination laws, the employer would be required to provide a reason for the termination. In general, if an employer terminates an employee without giving a reason, it may be difficult for the employee to challenge the termination, especially if they are an at-will employee. However, if an employee believes that their termination was discriminatory, retaliatory, or in violation of state or federal law, they may be able to pursue legal action and should speak with an experienced employment attorney who can advise them on their legal rights and options.

How can I prove that I was wrongfully terminated?

Proving that you were wrongfully terminated can be a challenging and complex process, but there are several key factors that can help support your claim. Some of the evidence that can be used to prove wrongful termination may include: Documentation: Collect any documentation that supports your claim, such as emails, performance evaluations, or written warnings. This can help demonstrate that your termination was unjustified and not based on your job performance. Witnesses: If there were any witnesses to the events leading up to your termination, ask them if they would be willing to provide a statement or testify on your behalf. Circumstantial evidence: Circumstantial evidence such as the timing of your termination, any recent complaints or protected activities you engaged in, and the reasons given for your termination can be used to support your claim. Employment contract: If you have an employment contract or an employee handbook that outlines your rights and protections, it can be used to demonstrate that your termination was in violation of the terms of your contract or handbook. Expert testimony: Expert testimony from professionals in your field can be used to show that your termination was unjustified and not based on your job performance. It is important to consult with an experienced employment attorney who can help you evaluate the strength of your case and guide you through the legal process. A knowledgeable attorney can help you gather evidence and build a strong case that can demonstrate that you were wrongfully terminated.

What is the statute of limitations for filing a wrongful termination claim?

The statute of limitations for filing a wrongful termination claim can vary depending on the state and the type of claim being filed. A statute of limitations is a legal deadline for filing a claim, and once the deadline has passed, the claim cannot be pursued. In Arkansas, the statute of limitations for filing a claim under state law for wrongful termination is 180 days. This means that an employee who has been wrongfully terminated must file their claim with the Arkansas Department of Labor within 180 days of their termination. If the employee wants to file a claim under federal law, such as the Civil Rights Act or the Americans with Disabilities Act, the statute of limitations is 300 days. This means that the employee must file their claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of their termination. It is important to note that the statute of limitations is strictly enforced, and if an employee fails to file their claim within the deadline, they may be barred from pursuing their claim. It is therefore crucial for employees who believe they have been wrongfully terminated to speak with an employment attorney as soon as possible to ensure that their claim is filed within the applicable statute of limitations. An experienced attorney can help an employee understand the applicable statute of limitations, assist in preparing and filing the claim, and work to obtain the maximum compensation available for their losses.

What damages can I recover in a wrongful termination lawsuit?

Employees who have been wrongfully terminated may be entitled to recover damages in a wrongful termination lawsuit. The types of damages that are available to an employee will depend on the specific circumstances of their case. Some of the damages that may be recoverable in a wrongful termination lawsuit include: Lost wages: This includes any wages or benefits that the employee lost as a result of their termination, such as unpaid wages, commissions, bonuses, and benefits. Front pay: If the employee cannot be reinstated to their former position, they may be entitled to receive front pay, which is compensation for the wages and benefits they would have received if they had not been wrongfully terminated. Emotional distress: An employee may be entitled to recover damages for emotional distress caused by the wrongful termination, such as anxiety, depression, or loss of enjoyment of life. Punitive damages: In cases where the employer’s conduct was particularly egregious or malicious, a court may award punitive damages, which are intended to punish the employer and deter similar conduct in the future. Attorneys’ fees and costs: An employee who prevails in a wrongful termination lawsuit may be entitled to recover their attorneys’ fees and costs associated with the lawsuit. It is important to note that the damages available in a wrongful termination lawsuit may vary depending on the specific circumstances of the case. An experienced employment attorney can help you understand your legal rights and options, and can help you seek the maximum damages possible for your losses.

What does the Nurse Practice Act have to do with my case?

It’s a law that outlines the legal scope of practice for nurses in Arkansas. If you’re accused of violating this act, your nursing license may be at risk.

What if my medical license is under threat, too?

Our experienced team can also assist in defending your medical license alongside your nursing license. The process and defense strategies are quite similar.

Can I represent myself in the hearing?

You sure can, but remember, the Nursing Board has its own lawyers. It’s best to have someone experienced in these matters, like our team at WH Law, to fight for you.

What is the role of the board members in the hearing?

The board members, appointed by the governor, listen to the case presented by both sides and make the final decision on whether a violation of state law or nursing practice has occurred and what disciplinary action should be taken.

Can I lose my nursing license permanently?

Yes, if the Board decides to go for revocation, it’s a lifetime ban on nursing in the Natural State. But remember, you can file an appeal within 30 days of the Board’s decision.

What triggers a complaint?

A complaint can come about due to various reasons, from disgruntled patients to coworkers or employers. They could be based on misconduct, impairment, or breaching the Nurse Practice Act.

Should I do an Informal or Formal Hearing?

In Arkansas, doctors facing Medical Board issues have two choices: informal or formal hearings. Informal hearings are simpler, where you essentially agree to the charges and discuss penalties. A formal hearing is more complex, allowing you to contest the charges with evidence and witnesses, similar to a court trial. Legal representation is crucial, especially in formal hearings, to navigate the intricate rules and defend your medical license effectively. Your decision between these two paths can significantly impact your professional future.

What is Medicaid Fraud?

Medicaid fraud in Arkansas is a serious offense that could jeopardize your career. It involves making false statements or omissions in Medicaid claims or applications, such as billing for services not rendered or accepting kickbacks. Being caught in Medicaid fraud can lead to an investigation, threatening your reputation and physician’s license. In such situations, legal expertise is vital. Seeking assistance from experienced legal counsel like WH Law can help navigate these complex issues, ensuring your rights are protected and helping to mitigate the potential impacts on your career.

Can My License Get Suspended Due to Unpaid Student Loans?

In Arkansas, your medical license generally isn’t at risk just for falling behind on student loan payments. However, there’s a specific scenario to watch out for under the Rural Healthcare Act. You could face serious consequences if you’ve agreed to work in a rural area in exchange for loan repayment and then fail to fulfill this commitment. A court or agency may intervene, potentially freezing your license for the duration you were supposed to work. But there’s some flexibility if unexpected life events disrupt your plans, as authorities like UAMS may advocate on your behalf. It’s crucial to stick to your rural healthcare commitment not just for loan repayment but also to safeguard your medical license.

Probate is a court supervised process used to distribute your property. The process takes a minimum of six months in Arkansas and can take years to complete if it is complicated or people disagree with the validity of the Will or the distributions. It often requires that lawyers or other professionals be hired. If you die without a will, your property will still have to pass through the probate system. If you die without a Will, your estate will be distributed according to the Arkansas intestacy statute.

There are three main reasons to avoid probate: 1) Cost, 2) Privacy, and 3) the length of time probate takes. Costly Probate is not cheap or quick. Probate requires a hearing in busy Arkansas courts; the process will tie up your property for a minimum of 6 months and possibly years. This means your loved ones will not get the property you intended for them until the probate process is complete. In addition, probate is very expensive. The Executor and attorney’s fees add up. If they were both allowed the maximum fees by Arkansas statute on a $500,000 estate the probate attorney fees would be $14,050 and the Executor’s fees would be $15,150 and that does not include court costs and other expenses. And unfortunately, you’re no longer around to do anything about it. Not the Kind of Publicity You Want The courts are public and do not afford privacy. Everything that comes before a judge is public record and the same is true with your estate. A Will is a very personal document, and may reveal private family and financial issues and concerns. After it enters probate it becomes public and can be inspected by anyone.

What is a Revocable Living Trust?

A living trust, also known as a Revocable Living Trust or a Family Trust is a legal document that holds legal title or ownership to your property and assets. When you create a Revocable Living Trust you transfer ownership of your assets to your trust. When you transfer assets into the trust it is called “funding” the trust. When you transfer title you do not lose any control. You can still buy, sell, borrow or transfer any of your property. To many a living trust is very similar to a will. It includes the details and instructions for how you want your estate to be handled at your death. Unlike a Will, however, a properly funded trust: Does not go through probate. Prevents the courts from controlling your assets at incapacity. Gives you control over the assets you leave to your minor children or grandchildren.

What are the advantages of having a Living Trust?

A properly drafted and funded revocable living trust offers a number of estate planning advantages over dispositions under the terms of a Will. Management of Assets in Event of the Grantor’s Incapacity: The trust can provide for management of the trust assets by a person you can select if the grantor becomes incapacitated through physical disability, incompetency, etc. Third parties frequently question the authority of an agent when they are attempting to use a power of attorney, so the revocable living trust is generally superior to that instrument. Continued Property Management after Death: The trust provides management of the trust assets both before and after the grantor’s death. If the trust is funded properly, then it controls without interruption for probate and estate administration. Avoidance/Reduction of Probate and Estate Administration Costs and Delays: The trust insulates the trust assets from the probate and estate administration process that assets passing under a Will are subject to, thereby saving those fees and costs. Moreover, it reduces if not eliminates the delays in distribution of estate assets that may result from probate. This could be particularly helpful if the grantor owns real estate in other states, which may otherwise require a separate probate proceeding in each state. Avoidance/Reduction of Litigation: It is more difficult for a unhappy heir to contest a revocable living trust than a Will. During the probate of a Will, the heirs must be given written notice of their opportunity to contest the Will. A trust is not subject to this requirement. Confidentiality of Dispositions and Identity of Beneficiaries: Upon your death, the Will is filed in the probate court and become available to the public and more and more is posted online through the court website. A living trust agreement is typically not filed in court system and does not become public record. Selecting Law Most Favorable to Property Disposition and Administration: The trust may enable the grantor to avoid restrictions on disposition and administration of his property imposed by the law of the state of his domicile. These laws would apply to property passing under his Will. A living trust allows him to choose more favorable laws of another state to apply to the disposition and administration of the property placed in the trust. To Act as a Receptacle for Non-Probate Assets: The trust can act as a receptacle for non-probate assets (life insurance proceeds, retirement plan death benefits, etc.) after death to coordinate their disposition under the plan along with the other assets you own.

Will I Lose Control of My Property If I transfer it to a Revocable Living Trust?

No. Your property is still considered your property and you can use and enjoy however you desire. You still retain full control over your property, you may use the equity in your property, continue to take the tax write off from the interest on your mortgage, exchange one piece of property for another. Everything you could do before you had the trust, you can do after you have the trust in place. There are no changes in your income taxes. There are no new Tax Identification Numbers to obtain. A Living Trust is revocable, that means you can modify it at any time or revoke. You can transfer property in and out of the trust however often you desire. Upon your incapacity, the individuals you designate will be able to manage the trust on your behalf and they must follow the instructions you have given in the Living Trust. Upon your passing, the Living Trust can no longer be modified and the successor trustee(s) you have designated must then proceed to implement your wishes as directed by the trust.

Do I have to transfer all of my assets to my Living Trust?

wh Law | We Help, recommends that all property that can go into the trust be titled in the trust’s name. Sometimes our firm gets the call or is that the client has a small checking account that they do not want to “bother” to put into the living trust. The disadvantages to leaving it outside the trust depend on the circumstances for each situation. It can be very difficult to deal with the bank after the death of the account holder and having money outside the trust and outside the flow of distribution set up by the trust can cause problems. Assets with beneficiary designations such as a life insurance policy or an annuity payable directly to a named beneficiary do not need to be transferred to your living trust. Furthermore, money from IRAs, Keoghs, 401(k) accounts, and most other retirement accounts transfer automatically on the death of the account owner outside of probate. Bank accounts can be set up as payable-on-death account (POD for short) with a named beneficiary and pass to that beneficiary without having to be titled into your trust. It is important, however, to seek the counsel of an experienced estate planning attorney who can advise on and assist with transferring necessary assets to your trust.

If I transfer title to real property to my Living Trust can the bank accelerate my mortgage?

No. As long as you continue to live in that home .federal law prohibits financial institutions from accelerating your loan because you transferred the mortgaged property into your living trust. The only exception to the federal law is it does not provide the protection for residential real estate with more than five dwelling units.

Is there a limit to how long I can file a lawsuit?

Yes, there are statutes of limitations that essentially set a time limit on how long you can take to file a lawsuit. On top of that, they can differ according to the type of case you want to take on. Here are a few examples: A personal injury case has a limit of three years, usually starting from the day it occurred. A property damage case has a limit of three years from the date of the incident, such as a car accident. A contract dispute may have a limit from three to five years from the date a breach of contract occurred. These, of course, are subject to change over time. If you believe you have a case, you ought to speak with a team of lawyers specialized in your case. Fortunately, those in Jonesboro, Arkansas, have a team of badass lawyers specialized in a wide array of case types ready to get to work. Don’t wait on a case. Get a smooth, fresh start on yours by scheduling a consultation at Wh Law.

Is there a limit to how long I can file a lawsuit?

Yes, there are statutes of limitations that essentially set a time limit on how long you can take to file a lawsuit. On top of that, they can differ according to the type of case you want to take on. Here are a few examples: A personal injury case has a limit of three years, usually starting from the day it occurred. A property damage case has a limit of three years from the date of the incident, such as a car accident. A contract dispute may have a limit from three to five years from the date a breach of contract occurred. These, of course, are subject to change over time. If you believe you have a case, you ought to speak with a team of lawyers specialized in your case. Fortunately, those in Jonesboro, Arkansas, have a team of badass lawyers specialized in a wide array of case types ready to get to work. Don’t wait on a case. Get a smooth, fresh start on yours by scheduling a consultation at Wh Law.

What are examples of gender discrimination in the workplace?

Gender discrimination in the workplace can take the form of failure to promote, unfair treatment, lower wages, less demanding assignments, and reduced support based on gender. It is important to address these illegal practices.

How do you deal with gender discrimination in the workplace?

You can deal with gender discrimination in the workplace by reviewing your employer’s policies, documenting incidents, reporting concerns to HR or your boss, and seeking support from your union or a lawyer if necessary. It’s important to be proactive and advocate for your rights in the workplace.

What are the civil rights for gender?

The civil rights for gender include protection from discrimination in employment, encompassing sexual orientation and gender identity, as stated in Title VII of the Civil Rights Act of 1964. This prohibition on discrimination covers various aspects such as recruitment, promotions, pay, and benefits.

How can gender discrimination lawyers help victims?

Gender discrimination lawyers can assist victims by providing guidance on their rights, navigating legal proceedings, and advocating for their rights in a strategic manner. This support helps victims understand and address the complexity of their situation.

Will my estate be subject to death taxes?

There are two types of death taxes that you should plan for: the federal estate tax and state estate tax. The federal estate tax is calculated as a percentage of your net taxable estate, which itself consists of all assets under your ownership or control after subtracting certain deductions. These deductions can range from charitable contributions to administrative costs (including funeral and burial expenses). Currently, the federal estate tax applies to estates with net assets of $5,250,000 or more. Even if you believe that the federal tax won’t apply your estate, it is still necessary to determine whether state estate and inheritance taxes will. It’s also possible that your estate may be taxable in the future as your assets appreciate in value. For these reasons, going over your estate plan with an estate planning attorney on a regular basis is an important part of your future planning. Doing so will also ensure your estate plan makes adjustments for alterations in tax laws as well as changes in your individual circumstances.

What is my taxable estate?

Your taxable estate consists of the total value of the assets you own, minus liabilities and deductions. Your assets include: Your home or any other real estate belonging to you Your business or any business interests Your bank accounts, including your share of any joint accounts The full value of your retirement accounts Any life insurance policies belonging to you And examples of the liabilities and deductions you would subtract from your assets are: Funeral expenses paid for by the estate Debts you owe at the time of death Bequests to charitable organizations The value of the assets inherited by your spouse (as long as he or she is a U.S. citizen) Any taxes assessed on the taxable part of the estate are paid from the estate itself before the assets are distributed to your beneficiaries.

What is the unlimited marital deduction?

As a married individual, you are allowed by the federal government to give an unlimited amount of assets to your spouse, tax free, so long as they are transferred by gift or bequest. This unlimited marital deduction has the effect of delaying the payment of estate taxes: upon the death of the first spouse, all assets may pass to the surviving spouse. Then, at the passing of the surviving spouse, all remaining assets in the first spouse’s estate over the applicable exclusion amount ($5,250,000 in 2013) will be included in the survivor’s taxable estate. Application of the Unlimited Marital Deduction is limited, however, to surviving spouses who are United States citizens.

What is a Credit Shelter or A/B Trust and how does it work?

A Credit Shelter Trust (sometimes known as a Bypass or A/B Trust) can be used to avoid or decrease federal estate taxes. It is most often used by a married couple when the value of their estate surpasses the federal estate tax exemption. Thanks to the Unlimited Marital Deduction, the federal government allows a married person to gift or bequeath an unlimited amount of assets to his or her spouse, tax free, and leave any of his or her estate tax exemption untouched. For individuals with substantial assets, however, the Unlimited Marital Deduction only succeeds in delaying estate taxes, rather than eliminating them. This occurs because, when the second spouse passes away with an estate valued at more than the federal exemption total, the amount of the estate exceeding the exemption may be subject to estate tax. By that time, of course, the first spouse’s estate tax credit was never taken advantage of and now cannot be used. It is possible to avoid this situation by establishing a Credit Shelter Trust, which works to preserve both of the spouse’s exemptions. Upon the first spouse’s passing, two things should happen: (1) even if no taxes are due, an estate tax return is filed, and (2) the Credit Shelter Trust creates a separate, irrevocable trust comprised of the decedent’s assets, but funded only to the extent of his or her exemption. The rest of the estate is then bequeathed to the surviving spouse. As a result, the irrevocable trust makes full use of the first spouse’s estate tax credit and the assets in the trust are not taxed, even if they appreciate in value. In a Credit Shelter Trust, the surviving spouse is the beneficiary and any children are beneficiaries of the remaining interest.

What is a Qualified Personal Residence Trust (QPRT) and how does it work?

Our homes frequently hold great value for us, both sentimental and material; as they are often among the largest parts of our estate, they can also hold great value to federal and state tax agencies. One way to reduce the tax burden generated by a home is to establish a Qualified Personal Residence Trust or QPRT (pronounced “cue-pert”). With this type of trust, you can still live in your home or vacation house, but transfer ownership for a substantial discount and freeze its value when it comes to estate taxes. It works like this: You grant the title to your house to the QPRT (often to benefit your family members), but specify that you can continue to live in the house for a certain length of time, usually years. After that period has passed, the property passes to your beneficiaries without any additional estate or gift taxes, despite any appreciation in value the house may have accrued. Once that happens, you are allowed to continue living in the home but must pay rent to your family or beneficiary so that the property is not included in your estate. This can be advantageous, serving to further decrease the value of your taxable estate, although the rent income will be taxable as income for your family. On the other hand, should you die before the end of the period, inclusion of the total value of the house in your estate is unavoidable, but in the majority of cases you are no worse off than you would have been had you not established a QPRT. A QPRT also provides great protection from creditors: once the QPRT is created and your residence is transferred to it, the property is technically owned by the trust, rather than you.

What is an Irrevocable Life Insurance Trust and how does it work?

It is commonly understood that the proceeds of a life insurance policy paid to your beneficiaries are not subject to income taxes. Unfortunately, this does not hold true for Federal Estate Taxes. In fact, since life a insurance pay-out is considered part of your taxable estate, your family or beneficiaries could stand to lose up to half of its value to estate taxes. This is where an Irrevocable Life Insurance Trust can help. The goal of an ILIT is to own your life insurance policy, keep the policy outside of your estate, and prevent the proceeds from being taxable as part of the estate. There are a number of ways to set up an ILIT. As one option, ILITs can be built to provide income to a surviving spouse while granting the rest to your children from a previous marriage. And in the case of a child who is not financially responsible, you can arrange for distribution of a restricted amount of the insurance proceeds over a given length of time.

What is a Family Limited Partnership and how does it work?

A Family Limited Partnership (FLP) is a type of limited partnership formed among members of a family. A limited partnership has two kinds of partners: (1) general partners, who manage the trust, and (2) limited partners, who are passive investors. While general partners hold unlimited personal liability for partnership responsibilities, limited partners bear no liability aside from their capital contributions. This kind of partnership is often established by older generation family members who contribute assets to the FLP and receive both a small general partnership interest and a large limited partnership interest in return. These family members then transfer the limited partnership interests to their children and/or grandchildren, but retain the general partnership interests that allow for control of the partnership. The FLP has several benefits. First, by transferring limited partnership interests to family members, older family members can reduce the amount of their estate subject to taxation, while also continuing to direct decisions about the partnership’s assets and any distributions. Furthermore, because the limited partners are not responsible for the partnership’s operations, a minority discount can be applied to their interests to reduce their value for purposes of gift and estate taxes. Finally, a well-constructed FLP may provide protection from creditors, since the general partners are not required to distribute the partnership’s earnings.

What is estate planning?

The heart of estate planning is determining what happens to your assets when you die. In one way or another, any property you own at the time of your passing must pass on to someone else. And in the vast majority of cases, you, as a competent adult living in the United States, have the right to determine who that someone will be. (This right is not absolute, however: most states observe spousal right of election, which doesn’t allow a spouse to be completely disinherited.) A proper estate plan dictates what should happen with your home, investments, business, life insurance, employee benefits (including a retirement plan), and other property in the event of death or disability. In addition, a good estate plan employs strategies to reduce any potential estate taxes and settlement costs. It’s also wise to include instructions to carry out your wishes regarding health care: in the event you are unable to make your directions known, your chosen representative can do so on your behalf.

Why is it important to establish an estate plan?

Estate planning is not just for the rich and famous; it can very often be an extremely useful tool for many different people. This is because the default process for distributing a deceased person’s property is more complex, time-consuming, and generally burdensome than many people realize. Contrary to popular belief, a person’s assets are not automatically shared among their children after he or she passes. Without sufficient legal preparations in place at the time of your passing for the management of your assets and affairs, the intestacy laws of the state will take over. Not only will the courts control the distribution of your estate, often resulting in the wrong people receiving your assets, your beneficiaries may face higher estate taxes as well. This court-managed distribution of your estate is called probate, and is smart to avoid. Probate is public, can be expensive, and frequently keeps the assets of the deceased in limbo and unavailable to one’s beneficiaries for a substantial amount time. Lack of clear direction on your part can also leave your family members to fight among themselves for the opportunity to be appointed to manage your affairs. It is not uncommon for a family to fall into feuding over small sums of money or a family keepsake.

Frequently Asked Questions

Name: Frequently Asked Questions | wh Law
Brand: WH Law

We have tried to address the frequently asked questions in the areas we practice. In every situation it is best to sit down and speak with an attorney so we can give you advice specific to your situation. If you have any questions feel free to request a consultation or contact us.

When a case is filed, the petition, schedules and other related documents become a matter of public record. Credit reporting agencies regularly collect information from bankruptcy cases to report on their credit reporting services. Bankruptcy may appear on your credit record for ten years from the date your case was filed, pursuant to the Fair Credit Reporting Act, 6 U.S.C. § 605, as opposed to the seven years other credit information may remain on a credit report. For those with large or a high number of delinquent accounts, the credit score may already be so low that a bankruptcy may actually help. Because it wipes out old debts, bankruptcy may free up income so that a consumer can pay current bills and obtain new lines of credit after filing bankruptcy. The decision whether to grant you credit in the future is strictly up to the creditor and varies from creditor to creditor depending on the type of credit requested. Debts discharged should only be listed as having a balance of $0, with no remaining balance owed on the debt. Debts incorrectly reported as having a balance owed will negatively affect the credit score and ability to get credit after the case is discharged. Everyone should regularly review his or her credit report, before and after bankruptcy, to resolve any disputes in debts reported with the various credit bureaus. The three main credit Reporting Agencies are: Experian Profile Maintenance P.O. Box 9558 Allen, TX 75013 (888) 397-3742 Website: www.experian.com Trans Union Attn: Public Records Department 555 West Adams Street Chicago, IL 60661 (800) 888-4213 Website: www.transunion.com Equifax P.O. Box 740241 Atlanta, GA 30374 (800) 685-1111 Website: www.equifax.com

It may make it possible for you to:

Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to “reset” your credit, so to speak, in order to allow you and your family a fresh financial start.
Allow you to catch up on missed payments on your home or manufactured home and to avoid foreclosure while you do so. Bankruptcy does not eliminate your mortgage or other lien on your property, though, unless you pay the debt owed.
Prevent repossession of a car or other property, if you file a case in a timely manner.
Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
Restore or prevent termination of your utility services.
Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

Although the laws offer different options that may be available to a you, the decision to file, or under which chapter to file, depends on your situation. Those who qualify for either Chapter 7 or Chapter 13 have an advantage in that they are able to choose the type of bankruptcy that makes the most sense for their particular circumstances. If a person can choose between Chapter 7 and Chapter 13, most people who file for bankruptcy choose to use Chapter 7 because Chapter 7 does not you require you to pay back your debts. But Chapter 13 may be a more attractive alternative for those who may have missed house payments and want to safely make up those missed payments over time, instead of losing their home in foreclosure. Considering your personal facts, comparing them to each chapter’s requirements, and deciding which chapter to select, is considered legal advice. While it is possible to file bankruptcy “pro se,” or without legal representation, the decision of whether to file a bankruptcy and under what chapter is an extremely important decision and should be made only with competent legal advice from an experienced bankruptcy attorney after a review of all the relevant facts. Moreover, if you do file bankruptcy pro se, you must know that the Court is not permitted to give legal advice, assist with the preparation of forms, or assist you during various meetings and proceedings that may be scheduled in your case.

wh Law | We Help, , services all customers:

Chapter 7 — Liquidation Bankruptcy

Chapter 7 is the liquidation chapter of the Bankruptcy Code, and cases filed under Chapter 7 are commonly referred to as liquidation cases. This is what people commonly do when all their debt is gone when they complete the bankruptcy and they do not have to make payments. Chapter 7 requires a you to give up property which exceeds certain limits (“exemptions”) so the property can be sold or liquidated by the appointed Chapter 7 Trustee to pay creditors, and to keep property and avoid liquidation to pay unsecured creditors. In other words, “liquidation” is the sale of a debtor’s property for the purpose of distributing the sales proceeds to the debtor’s creditors. Potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13 — Debt Repayment

Also known as a payment plan form of bankruptcy, Chapter 13 is the debt repayment chapter. In a Chapter 13 case, debtors may keep their property by repaying creditors over the life of a plan that may extend from 36 to 60 months. The length of the plan may be fixed by law, depending on the debtor’s income. When a debtor files Chapter 13, the debtor proposes to make monthly payments to a Chapter 13 Trustee, who in turn disburses funds to various creditors according to the Plan, once the Plan has been approved by the Court. Upon completion of the payment plan, most debts are discharged.

Chapters 9, 11, and 12

Other types of bankruptcy are set forth under Chapter 9, 11, and 12 and include:

Chapter 9 (“Municipal or Governmental Bankruptcy”) is only for municipalities and governmental units, such as schools, water districts and similar entities.

Chapter 11 (“Reorganization Bankruptcy”) this chapter generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. The plan of reorganization which must be approved by the Court. In addition to the filing fee, a quarterly fee is paid to the U.S. Trustee in all Chapter 11 cases.

Chapter 12 is designed for “family farmers” or “family fishermen” with “regular annual income.” It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts. Under chapter 12, debtors propose a repayment plan to make installments to creditors over three to five years. Generally, the plan must provide for payments over three years unless the court approves a longer period “for cause.” But unless the plan proposes to pay 100% of domestic support claims (i.e., child support and alimony) if any exist, it must be for five years and must include all of the debtor’s disposable income. In no case may a plan provide for payments over a period longer than five years.

Your cost to file may vary depending on the Chapter you file under for bankruptcy relief, your financial circumstances, and the complexity of your case. The Cost with consist of fees to pay and the attorney’s fees for bankruptcy. Currently, the filing fee charged by the court to file a Chapter 7 bankruptcy case is $335, whether you are filing individually or with your spouse. For an individual, the cost of the courses and credit reports are $57 total. This is the typical cost, although different cases can have different costs. Under Chapter 13, the initial fee to file includes $310 that is paid to the Court to open the case, plus an additional $57 for the required classes and a comprehensive copy of your credit report. Under certain circumstances, the Court may allow you to pay the filing fees ($335 or $310) in installments if you are unable to pay them all at once. Talk to us about whether an installment plan for filing fees is a good option for you. For additional information, please visit the U.S. bankruptcy court’s website. Attorney’s Fees: Attorney’s fees are determined based on the individual circumstances of each Chapter 7 case and may vary depending on the existence of judgments, previous garnishment efforts, whether there are secured debts that the client wishes to reaffirm, etc. At wh Law | We Help, , our bankruptcy fees start at $500.00

The Bankruptcy Code permits any qualified person, partnership, corporation or business trust to file a case. If the debtor (person or entity who owes the money) files a petition to start the bankruptcy, it is a “voluntary” bankruptcy. If the creditors (people or entities to whom the money is owed) file a petition against a debtor to start the bankruptcy, it is an “involuntary bankruptcy.” When an involuntary case is filed, the debtor must contest the bankruptcy case within a certain time period to oppose the bankruptcy. Only married persons can file a joint petition; unmarried persons, corporations and partnerships must file separate cases. An individual with a business may not file a joint petition, but must instead file separate cases.

For most people, it is a legal process designed to help those who cannot pay their bills receive a fresh financial start, either by discharging debt through Chapter 7, through which many debts are wiped clean through a process that lasts only a few months, or through the completion of a “repayment” plan under Chapter 13 of the Bankruptcy Code, which lasts between three (3) to five (5) years. When a bankruptcy petition is filed the “automatic stay” provision of the Bankruptcy Code prohibits your creditors from contacting you to try to collect money from you – at least until your debts are sorted out according to law, which assigns different debts specific classifications of priority by which most creditors are bound. The automatic stay that stops all lawsuits, foreclosures, garnishments, and other collection activity from the moment a bankruptcy petition is filed.

Yes. At wh Law | We Help, we offer free bankruptcy consultations. There is no cost to you for the consultation and you don’t have to file bankruptcy. We will simply evaluate your financial situation and determine if bankruptcy is the right for you. During a consultation with our law firm, our attorneys will be able to determine which chapter is right for you. (Chapter 7, Chapter 9, Chapter 11, Chapter 12, or Chapter 13). We will also let you know what it will cost to file and how much the bankruptcy is going to cost. You can set up a free bankruptcy consultation by calling us at 501.891.6000 or you can fill out our consultation request.

Well, we wouldn’t be such a top-notch Jonesboro law firm if we didn’t have a bundle of happy clients to show you. Check out our reviews page and find out what our previous clients have to say about us. If you’d like more proof, meet with us for a free consultation. We’ll provide further references and show you we’re seeking to be more than just your most trusted team of lawyers in Jonesboro, AR. We hope to be your friends at law for life.

First and foremost, we’re here to talk. If you’d like it to be in person, on the phone, or through e-mail, we will work out a way to suit your needs. On top of that, our Jonesboro lawyers will always keep you in the loop and work with you through every step of your case.

The answer to this one is tricky. Some cases can end within a few weeks, depending on how clear-cut it is and how easygoing both parties are. More often, a lawsuit can take months, and maybe even years, because of how complex the legal matter involved is. What we can say for sure is if you seek Wh Law as your legal representation, you’re going to have a team of friends and allies backing you up. We will stand with you every step of the way, keeping you assured, ready, and confident in your case. We’ll be there for you no matter how long it takes. That’s how we do things at the very best Jonesboro law firm around — Wh Law.

Yes, there are statutes of limitations that essentially set a time limit on how long you can take to file a lawsuit. On top of that, they can differ according to the type of case you want to take on. Here are a few examples:

A personal injury case has a limit of three years, usually starting from the day it occurred.
A property damage case has a limit of three years from the date of the incident, such as a car accident.
A contract dispute may have a limit from three to five years from the date a breach of contract occurred.

These, of course, are subject to change over time. If you believe you have a case, you ought to speak with a team of lawyers specialized in your case. Fortunately, those in Jonesboro, Arkansas, have a team of badass lawyers specialized in a wide array of case types ready to get to work. Don’t wait on a case. Get a smooth, fresh start on yours by scheduling a consultation at Wh Law.

First, we recommend you gather your thoughts. Do some research about the potential case you have. If possible, gather whatever documents or pieces of evidence you think might be necessary. These can look like many different things, from text messages and emails to contracts and legal notices. You’re also welcome to prepare questions beforehand, so we can cover any potential issues or concerns you might have. Of course, this is all optional. Above all, be ready to talk. We want to have an open and honest discussion about your case. This first meeting is all about getting a chance to talk with you about your troubles and figuring out how we can help.

It depends on the case, along with other factors involved. What we will make sure of is that you work with an attorney who has a great deal of experience in the area of your case, whether it be in personal injury law, bankruptcy, or estate planning. Our Jonesboro law firm has a versatile team that is experienced in multiple areas of law. We’re ready to exceed your expectations. All it takes is a call.

The answer to this one is tricky. Some cases can end within a few weeks, depending on how clear-cut it is and how easygoing both parties are. More often, a lawsuit can take months, and maybe even years because of how complex the legal matter involved is. What we can say for sure is if you seek Wh Law as your legal representation, you’re going to have a team of friends and allies backing you up. We will stand with you every step of the way, keeping you assured, ready, and confident in your case. We’ll be there for you no matter how long it takes. That’s how we do things at the very best Jonesboro law firm around — Wh Law.

A personal injury case has a limit of three years, usually starting from the day it occurred.
A property damage case has a limit of three years from the date of the incident, such as a car accident.
A contract dispute may have a limit from three to five years from the date a breach of contract occurred.

Let's make a

Badass Strategy

for you.

Busy now? Schedule a talk for later. Feeling chatty? Call Andi.

Frequently Asked Questions

Chapter 7 — Liquidation Bankruptcy

Chapter 13 — Debt Repayment

Chapters 9, 11, and 12

Locations

Learnings

Your first session is on us, so let’s get to it.