Gift Card Danger

Several consumer reports have issued warnings about gift cards. For those who have not heard about gift card theft, please take a few seconds to read this post.

If you are thinking about buying gift cards this holiday season, be cognizant of the fact that your gift may not reach its intended recipient. More specifically, thieves have found a new way to steal. They find stores that have free standing gift card stands and copy the cards' control numbers. Thereafter, they go online to see if the cards have been activated. Oftentimes, there is a substantial period between the time the gift giver purchases the card and the time the gift receiver uses the card. During that dead period, thieves empty the value of card by making purchases. By the time the gift receiver goes to the store, the card's balance is zero.

Stores can easily protect the consumer by placing the cards in locked or monitored locations. Card manufacturers can create card wraps that cover control numbers. It would be similar to shrink wrap on medicines. If the wrap is broken, don't buy.

For now, if you want to give gift cards, select ones that are controlled by the cashier. Also, you can purchase gift cards online. If you should risk buying the card from an unmonitored kiosk, keep the receipt, monitor the balance online until you give the gift, and advise the gift receiver to monitor the balance.

Happy Holidays!

Don't Use a Verbal Agreement as an Estate Planning Tool

The question below demonstrates that you should not use verbal agreements as an asset management tool. If you have life insurance and minor children, there are ways to put the proceeds in trust. However, putting it in the name of a relative and asking them to do the right thing is dangerous.
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AVVO QUESTION

Can I win? Rockmart, GA

My dad left his life insurance to my aunt because me and my sister were minors and him and my mom were going through a divorce. He had a verbal agreement with my aunt that we would recieve the money. SHe had given my sisters their share but she wont give me my share.. My whole family knows about the agreement and the situation. If I take her to court and sue her for the money and the documents can I win?


MY ANSWER


Your father should have provided for the division in the life insurance beneficiary section. If your aunt wants to deny the agreement, she can do so and win unless you have evidence to the contrary. You didn't state what documents you have to support your claim. Also, you didn't state how long ago your father died? There may be statute of limitation issue and evidence problems. In any event, you should find a local probate attorney in your county.

Wills in Maryland

In Maryland, if you are 18 years old or older and legally competent you can divide your estate and select an executor through a will. The will must have the following formalities:

(1) It must be in writing;

(2) It must be signed by the testator, or by some other person for him, in his presence and by his express direction; and

(3) It must be attested and signed by two or more credible witnesses in the presence of the testator.

If you already have a will when you move to Maryland, you may not have to pay a Maryland attorney to draft another will if:

(1) the will is in writing

and

(2) one of the following applies:

(a) the will is executed in accordance with the above list;

(b) the will is executed in accordance with the law of the domicile
of the testator; or

(c) the will is executed in accordance with the laws of the place of execution.


Nevertheless, when a person moves into the state with a will or if she just wants to make modifications to the current document, she must do so in accordance with the law. Additionally, for births, deaths, divorces, or other major life events, you should review your will and seek the advice of an attorney.

This review is essential after an absolute divorce. Upon termination of the marriage, all provisions in the will relating to the former spouse will be revoked unless specified in the will or divorce decree. As a result, the testator has to decide who will receive those items previously designated for the former spouse.

Starting Your Pro Bono Search in Georgia

If you live in Georgia and cannot afford an attorney, you may want to start your search with the Pro Bono Directory provided by the American Bar Association.

http://www.abanet.org/legalservices/probono/directory/georgia.html

Insurance Claims When Multiple Passengers Sue Driver

RECENT AVVO QUESTION

I was in a car accident while I was driving a friends car. She wants several thousand dollars from me. Can she sue me?
Carrollton, GA Viewed 15 times.

My friend says I owe her several thousand dollars for her car since her insurance did not pay all she owed. She was upside down in her car. I had insurance, which also paid for the doctor bill's for another friend that was with me. Will my insurance pay her anything? Can I be sued for this? Answer this question Add to list


MY ANSWER

You just need to contact your insurance company about this new claim. It has already investigated in the matter. So, the company will determine if your other friend has a claim and the value of that claim.

As with all insurance policies, you have a policy limit (per occurrence). Therefore, you may have reached that limit with the first claim. However, that is something your insurance company will tell you. If the second claimant is unsatisfied with the settlement value offered by your insurance company, he can sue. The insurance company normally provides its insureds with attorneys to defend lawsuits. The insurers do this because the company has exposure if there is a judgment against the driver.

Maryland Divorce Law

Frequently, Maryland family law questionaires on Avvo and Law Guru want a quick end to their dead marriages. Unfortunately, Maryland still has antiquated divorce statutes that prohibit husbands and wives from formally and permanently departing ways unless their is some abuse or adultery. Otherwise, if they agree to live apart, they will be able to file for divorce after 12 months. If one spouse wants to save the marriage or wants to be vindicitve, the unhappy spouse has to wait two years before divorce proceeds can commence.

Interesting, Georgians are allowed to permanently depart ways quickly through the irreconcilable difference provision. More specifically under OCGA 9-5-3(13) a person can file for divorce when the marriage is irretrievably broken.

It's probably about time that Maryland catch with Georgia and come into the 21st century.

Can a father lose visition rights? - Family - Avvo.com

As the below question shows, when you're dealing with a noncustodial parent who fails to exercise his scheduled visitation rights, the custodial parent should keep a log of the missed visits and follow-up with "where are you" calls. Also, if you mail a letter to the parent and it is returned, keep it unopened in a safe place. All this evidence may be needed in a future custody dispute.

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Can a father loose visition rights? - Family - Avvo.com