A last will is a legal document that determines the distribution of a person's estate, which includes assets, upon his/her demise. A last will and testament must be filed with your local courthouse and legally approved for it to be valid. You are free to leave your estate to anybody you want according to most state laws. You are free to leave your money, and property to charity even if you wanted. Doing so though may cause your legal heirs to try and contest your will.

Beneficiaries sometimes contest a will because they're not happy with the size of their share or may feel left out of the beneficiary list all together. Whatever the reason, many wills are subject to contesting; this is especially true with larger estates and large sums of cash.

Contesting a will is simply a formal objection against the validity of a will in which you don't believe the will reflects the actual intent of the testator. Wills are contested on the grounds that the testator lacked the ability/capacity, was mentally disabled or intoxicated, delusional, or a subject of partial influence.

When contesting a will on the basis of the capacity of the testator then consider if the testator was above the age of 18 since minors are termed incapable. Litigation usually is about incapacity of testator due to senility, dementia and insanity or any such defects which render him/her unable to form a proper will. Although, the state recognizes that capacity to form a will is present if three conditions exist. These conditions are that the testator knows the value and extent of his property, which his family are legal heirs of and how they treated him in his lifetime. This legal test is relevant because dissatisfied heirs ( complainant ) who expected a larger share should have to come up with the burden of proof that establishes the incapacity of the testator. Often times it's hard to prove someone was mentally unable to have the capacity to write a will.

Besides these conditions, there are a few minor technical details that could be contested. If there is a mistake on the will it can then be contested and proved invalid. Common mistakes are that beneficiaries sometimes sign as witnesses, and another common mistake is when the signatures are not in order. Property value could also not be calculated correctly, which could cause a will to be contested. The names of the beneficiaries may be wrongly identified on the will, or the dates maybe wrongly marked. There are many minor details that could be contested.

By: Nick Fagan
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Submitted by:
Tom Reynolds
Legal Articles

It may go by a slightly different name from state to state, but it's universally considered a crime for a driver to operate a motor vehicle while under the influence of alcohol or other drugs. Depending on which state you're in, it can go by the title driving while intoxicated (DWI), operating under the influence (OUI), and driving under the influence (DUI).

Regardless of the title, these laws make it a crime to drive under the influence of drugs or alcohol when certain conditions are met. One such condition is that the driver's ability to operate the vehicle safely is undermined by drugs, including alcohol, street drugs, prescribed medication, and even antihistamines. Also, the driver must meet certain impairment levels as established by each state. This is often called the blood-alcohol concentration, or BAC.

It's common for a law enforcement officer to stop a vehicle if it's suspected that the driver is impaired in some way. The officer usually conducts what's called a field sobriety test. The officer may also ask for a chemical test of some kind. Again, the process will depend on the particular state.

The field sobriety test may include physical tests like having the driver walk in a straight line. The test may also be cognitive, like reciting the alphabet in reverse.

The chemical test done at the time of the incident may involve a "Breathalyzer". This device measures the blood-alcohol-concentration of the driver. Chemical tests can also be done at a hospital and include blood or urine tests.

Although many states allow the driver to elect which test they'd like to take, all states have what is known as "implied consent". This simply means that when an individual accepts a driver's licenses, which is considered a privilege, the driver is giving his or her consent to being tested if it is reasonably believed that the driver may be impaired. Also, if the driver refuses to take a sobriety test or a chemical test, implied consent laws impose stiff penalties. These include mandatory driver's license suspension.

If convicted of driving under the influence, criminal penalties may ensue. The consequences of a DUI conviction include jail time, community service, fines and probation. The severity of the punishment varies from state to state. Other factors may increase the severity of DUI penalties. For example, a history of DUI convictions or having a child in the vehicle may make the punishment harsher. Additionally, if the driver was simultaneously committing another moving violation, the penalty is often more severe.

If a loved one is arrested for driving under the influence, it is wise to find an attorney skilled at DUI defense cases. The penalties of driving under the influence include jail time and a suspended license. One of the primary tasks of the DUI defense attorney is to analyze the evidence involved. This includes the field test and the results of any chemical tests that may have been conducted. Choosing an experienced lawyer may make the difference between a severe and a less harsh penalty.

By: Kent Harper
If you are looking for an Attorney or Lawyer in Phoenix Arizona, visit: Phonenix DUI attorney

Submitted by:
Barry Arcant
Legal Resources Services

The Social Security Administration generally decides whether a disability claim is eligible or not. The agency informs claimants of their decision through mail. If you disagree with their decision, you can ask for a review of the case. This is the start of the appeals process.

How to Make an Appeal

To make an appeal, you have to write a request to the social security office within 60 days after receiving the decision letter. When an appeal is made, the agency often looks at the entire decision and if necessary, changes it after deliberations.

There are three levels of appeals:

• Hearing by the Administrative Law Judge

If you disagree with the initial decision, a hearing with an administrative law judge is your first recourse. The judge will notify you of the schedule and the venue of the hearing.

The hearing is often held within 75 miles of your home. During the hearing, you and your representative will be asked to explain your case, present witnesses and give new information about your disability. After the hearing, you will receive a letter and copy of the administrative law judge's decision.

• Review by the Appeals Council

If you are unhappy with the decision of the administrative law judge, you can ask for a review of your case by the Social Security's Appeals Council, which looks into all cases for review.

The Appeals Council may deny either your case if it believes the first decision is right or return it to the administrative law judge for further review. The agency will send you a copy of the council's decision or the order sending it back to the administrative law judge.

• Federal Court

If the decision of the Appeals Council is still unsatisfactory or it decides not to review your case, you may file a case in the federal court.

Who Can Help You

The social security agency assists people in their appeals cases. However, you may get the assistance of a representative who can help you with your appeal. A lawyer who specializes in disability claims can best handle your appeal. He has the knowledge, expertise and experience in this area of the law.

The disability lawyer will represent you in all matters regarding your claims, which also include receiving the copy of decisions made on your claim. Your representative cannot collect or charge a fee without the written approval of the social security agency.

By: Manuel Salvacion
Be informed about how to make an appeal on your disability claim with the help of Los Angeles Social Security Disability Attorney through the expert Los Angeles Attorneys website.

Submitted by:
George Snedrow
Free Reverse Directory

Laws protect people in employment against discrimination based on race, age, disability, religion, sexual orientation and many other areas. The major piece of legislation that covers disability discrimination is the Americans with Disabilities Act. Part of the purpose of the act is to define who is protected by law and what constitutes illegal discrimination. Like most employment discrimination laws the hardest part of the process in determining if you have been affected is understanding the definitions. The definition of an individual with a disability, under the law, is one who has a physical and or a mental impairment that significantly limits one or more of life's major activities. Major life activities have been defined as those things an average person can do without a great deal of difficulty for example breathing, seeing, hearing, walking, working and the like.

Employment discrimination laws cover the hiring, promotion and firing processes. This which means, a well-qualified applicant cannot be denied fair consideration for employment. Current employees cannot be denied promotion or terminated on the grounds of their disability. Training, benefits, and employee compensation cannot be waived or in any way altered due to a disability. If an employee or applicant makes a claim of discrimination, they must first be a "qualified individual with a disability", which means if the person is disabled, they must be able to perform the job or task before they can claim they are being discriminated physically.

Under the law the definition of a qualified person with a disability, is someone who first and foremost that has the necessary skills, education or job experience and who can perform the work in question. As well as being able to perform the job you must be able to do so with or without reasonable accommodation. Reasonable accommodation can include making work places accessible for people with disabilities, job restructuring, a modified work timetable, extra unpaid leave, modifying equipment or having qualified readers on hand.

An employer complying with employment discrimination law is not required to lower normal production standards to make an accommodation, nor is he expected to provide personal items like eyeglasses or hearing aids. Employers are only required to provide reasonable accommodation and this gives employers an exemption or what could be seen as a loophole in the legislation. The requirement to make reasonable accommodations for a qualified candidate also means they are not obligated to do so if it would cause undue hardship on the operation of the employer's business. In effect, undue hardship means anything that causes significant difficulty or expense when compared with the size of the business, the financial status and the businesses operation.

You, like me, may feel that you have been the victim of discrimination. Before making a final decision on whether or not to file a complaint, it is important to check all the existing statutes, both federal and state, related to this law as well as case law. This will ensure you chances of success.

By: Gary T Talbot
You need more information on and a copy of the FREE report Employment Discrimination: Are You A Victim Of Discrimination employment discrimination? So head over to YourEmploymentGuide.net.