Keith, Miller, Butler, Schneider & Pawlik

Kristin Pawlik Interviewed About the Dangers of E-Cheating

admin — Tue, 21 Feb 2012 20:14:04 +0000

With the ease of communication offered by texting and the rise of social media sites like Facebook, there are now more ways to flirt with members of the opposite sex. This can be a problem if the other person is not your spouse. Recently, Kristin Pawlik offered her expert advice on what to do if you are E-Cheating or the victim of E-Cheating. View the full interview on KNWA’s website.

Justin Kavalir Joins Firm

admin — Wed, 07 Dec 2011 16:41:11 +0000

Our law firm is glad to welcome Justin Kavalir as the newest associate of the firm. Justin recently graduated from the University of Arkansas at Fayetteville School of Law where he served on the Arkansas Law Review and graduated 9th in his class. In addition to having his law degree, Justin has also completed his certification for being a certified public accountant. Justin will be working in commercial litigation and in tax law. He and his wife Amanda recently bought a house in Rogers where they are expecting their first child. We are pleased to welcome Justin to our firm.

Sean Keith Attends National Darvocet/ Propoxyphene Conference

admin — Sat, 12 Mar 2011 14:50:45 +0000

Partner Sean Keith, head of the firm’s Injury and Tort Section recently met with attorneys from across the country to discuss the recall of Darvocet and Darvon by Xanodyne. The meeting was held in New Orleans on January 14, 2011 and the science behind the cause of the heart attacks from people taking Darvocet or its generic form propoxyphene was thorughly discussed. The drug is currently manufactured in its generic form by three different companies and under twelve different names. Our firm has been accepting clients since November of 2010 when the FDA ordered the withdraw of this opiate based drug which has been on the market since the late 50′s. Several previous petitions to have it removed from the market have been made going back to the 1970′s as a result of its addictive nature and propensity for an accidental overdose. If you had a family member who died suddenly from cardiac arrest caused by disrhythmia and was on darvocet or its generic form please contact Sean Keith in our office immediatly to discuss whether this is related.

What Is A Will and Do I Need One?

admin — Sun, 06 Mar 2011 20:28:47 +0000

A will is a document that directs a Court on how you want your assets divided after your death. If you don’t have a will or trust then the government decides how to divide them. Even if we die without a will, our assets can be passed out of our probate estate. This happens through the laws of intestate succession. There are Arkansas statutes that define who takes our property in the event we die without a will. While the spouse’s interest in a probate estate is a topic for another article entirely, the general preference of the laws of intestate succession is that our closest heirs inherit our estate, beginning with children, followed by parents. If none of the above are living, the law defines who is next in line all the way out to relatives we likely haven’t met.

The fundamental purpose of a will is to direct where our assets go after we die rather than relying on the laws of intestate succession. A will can leave property to a spouse, child, other relative, friend, organization, or charitable entity. A will can direct that specific items of property be given to specific individuals, or it can simply identify a person or class of persons who will share in a percentage of or all of the deceased’s property. A will also identifies a person or multiple persons who will serve as personal representatives during the probate process. Their job is to take possession of the decedent’s property, to pay claims that are properly presented in the probate process, and to distribute remaining property according to the terms of the will – typically with the help of a lawyer.

A will allows a person to provide for certain individuals in the event of his or her death. While property is still transferred to the closest family members when a person dies without a will, the best example of why most people should strongly consider having a will is the role of the spouse in the Arkansas statutes. Under Arkansas law, our spouse does not inherit from our estate under intestate succession (if there is no will). Rather, the spouse maintains a “dower” or “curtesy” interest in the decedent’s estate. This is an important distinction, because the nature of a dower or curtesy interest is quite different from what most of us would prefer to leave behind to our spouse in the event of our death. This is of concern to all married persons, but especially married persons who have no children who would rather see their spouse inherit their estate as opposed to the decedent’s parents or siblings.

Wills and Trusts

admin — Sun, 06 Mar 2011 20:26:11 +0000

Planning your estate through the use of a will or trust allows you to decide how your property will be distributed upon your death. For clients with high net worth the planning will include taking steps to reduce or eliminate estate taxes through a variety of options. Steve Butler, a partner in the firm, is both an attorney and a certified public account. This allows our firm to handle estates both large and small.

Grandparents and Grandchildren: When is a guardianship an option?

admin — Sun, 06 Mar 2011 20:02:14 +0000

Today, more often than ever, grandparents are finding themselves in the difficult position of providing the primary care and support for their grandchildren. Grandparents in Arkansas and nationwide become parenting-grandparents for a variety of reasons, many of which have caused problems for their families for years. For instance, many grandparents start off trying help their own children who have become parents at a young age. Teenagers and young adults who become pregnant often need a great deal of support in order to complete their education, learn how to parent care for an infant, and enter the workforce.

Unfortunately, many of these same teens and young adults struggle with alcohol or drug usage and addiction, as well as physical, emotional, or mental abuse. Many parents feel helpless as they watch their 16, 17, or 18 year old child become a parent themselves, while continuing to use illegal drugs and dealing with a boyfriend or girlfriend with similar problems. Grandparents often provide the majority of the financial support for both the young parent and infant. These grandparents may initially be treated as the all-time babysitter at night or on the weekends, but often become the primary caregivers over time as the young parent(s) struggle to fully commit to their child.

Sometimes, a young parent who has given over the reigns for a period of time suddenly wants to take back control of the parenting. These situations are often precipitated by clashes between the grandparent and young parent or the young parent’s romantic involvement with a new person. For many grandparents in these or similar situations, the straw that breaks the camel’s back comes when the grandparents witness – firsthand – the negative effects on their young grandchildren. In any case, it is at this point, if not before, that many grandparents seek legal advice on what they can do to protect their young grandchild.

In Arkansas, one option for grandparents is to seek guardianship of their grandchild. Guardianship is different from other child custody proceedings in that it is technically a “probate” proceeding and is often a more viable alternative for grandparents. All things considered, grandparents have a difficult, if not impossible, time obtaining “custody” or “grandparent visitation rights” in the context of divorce or custody proceedings involving the biological parents. However, if a child’s biological parents are not able to provide for the basic care and support of their child, a grandparent may be the preferred caregiver as legal guardian.

Guardianship can be obtained in emergency situations in which there is an immediate threat to the health and welfare of their grandchild. If an emergency guardianship is ordered, the biological parents (and perhaps other blood-relatives) have a legal right to be heard. Therefore, if an emergency guardianship is opened by the Judge, a temporary hearing must be held within three business days. If no emergency exists, guardianship may be obtained by filing a petition for guardianship and scheduling a hearing to determine whether guardianship is in the best interest of the child.

For many grandparents, obtaining guardianship of their grandchild(ren) is a reasonable way to provide a safe and stable home. The attorneys at Keith, Miller, Butler, Schneider & Pawlik are experienced in dealing with guardianships of children, adults, and estates. If you have guardianship questions, please give us a call today.

Frequently Asked Guardianship Questions:

What is a guardian?

A guardian is a person appointed by a probate or juvenile court to be legally responsible for another person and/or for another person’s property. While individuals are usually appointed to serve as guardians, a corporation or association may also serve in that capacity. A person for whom a guardian has been appointed is called a “ward” or “protected person.”

Why are guardians appointed?

A guardian is appointed by the court to oversee the legal and financial affairs (and/or the personal care) of a minor (under 18 years of age) or of an adult who is not able to manage his or her own affairs because of advanced age or some other physical or mental incapacity or disability. A guardianship may be voluntary, which means the guardian is appointed at the request of the ward, or it may be involuntary if family members or others ask the court to act to protect someone who appears to be incompetent. Once appointed, a guardian is answerable to the court for providing proper care and management of the ward’s affairs in the ward’s best interest.

What are the general powers and duties of a guardian?

The control that a guardian has over a ward is limited to the authority granted by Arkansas statutes, decisions of Arkansas courts, and orders and rules of the probate or juvenile court. All guardians must obey the orders and judgments of the court by which they were appointed. The court may confer broad and far-reaching powers on a guardian, or it may limit or deny any power granted under Arkansas statutes or case law. Arkansas law provides for different types of guardianships, some of which are listed below.

What are the types of guardianships?

A “guardian of the person” is appointed to protect and have physical custody of a ward and to provide for the ward’s day-to-day maintenance, paid from the ward’s assets. Maintenance means providing food, shelter, clothing, health care and other necessities. It includes responsibility for the education of a minor ward as required by law, and making decisions about medical treatment and other professional services the ward may require. Only a “natural person” (not a bank or a company) can be appointed as a guardian of the person. A “guardian of the estate” is appointed to manage the property and financial assets of the ward for the ward’s best interests. Specifically, the guardian of the estate must:

pay all debts owed by the ward;

collect all money owed to the ward;

settle and adjust any assets received from an estate;

deposit all funds into an account in the name of the guardian as fiduciary;

protect, preserve and invest the ward’s funds not needed for current obligations according to legal guidelines;

file or defend lawsuits on behalf of the ward to protect his or her interests;

file an inventory and file accounts of the ward’s estate with the court every two years;

seek court approval for expenditures or transfers;

file income tax returns and pay taxes for the ward.

Unless the court order appointing a guardian specifies otherwise, the same person is normally named as both guardian of the person and the estate. A “limited guardian” is a guardian whose powers are specifically limited by the court. If there is no limitation, the ward has no legal capacity to act and can only legally act through the guardian. A ward for whom a limited guardian has been appointed retains all rights in all areas not covered by the Order of Limited Guardianship. A “temporary or emergency guardian” is a guardian appointed by the court without a formal hearing when an emergency exists for a specified period not to exceed ninety (90) days. The court must find that the immediate appointment of a guardian is necessary to prevent injury to the person or estate of the ward.

Firm Investigates Oreck Halo Vacuum and Air Purifier

admin — Sun, 06 Mar 2011 19:39:56 +0000

The law firm is currently investigating the Oreck Halo Vacuum Cleaners and Oreck Pro Shield Plus Air Purifiers. On April 7, 2011 Oreck reached an agreement with the Federal Trade Commission in which it agreed to pay a $750,000 fine and to stop making allegedly false and unproven claims that the Oreck Halo and Proshield Purifier can reduce the risk of flu and other illnesses along with eliminating virtually all common germs and allergens. See the FTC press release here regarding the settlement. Oreck claimed that the use of ultra violet light onto the floor while vacuuming allowed it to eliminate the germs that lead to the flu and that its air filters used an electro static charge that filtered the air from these impurities. These products, using their claims of preventing the flu and other illnesses, retailed for $599 and $399 for the vacuum and air cleaner respectively.

People who purchased this product may be entitled to part or all of their money back and be a representative for all purchasers of this product in the country. If you purchased either of these and are interested please contact our office by calling 479-621-0006 or 1800-698-3644 or by clicking here.

What is a materialman or mechanic lien?

admin — Sun, 06 Mar 2011 19:36:45 +0000

So you have done some work on a house with the expectation of getting paid, but for whatever reason the owner of the house refuses to pay what he or she owes you. What do you do now? Most people know that they can put a lien on the owner’s house at this point, but are not really sure what that means or what that entails.

In fact, any person who supplies labor, services, or materials for the construction or repair of any home, building, or even boat may be entitled to place a lien on the home, building, or boat for the amount which the owner owes. If you have done any work which meets the above description, and you were not paid for that work, you might very well be entitled to a lien.

A lien on someone’s property is a very powerful mechanism. Once a lien is placed on a particular piece of property, it stays with the property for fifteen (15) months. The owner of property will likely not be able to sell the property if a lien is attached thereto. The only way for an owner to remove the lien from his or her property is to pay the lienholder for the work which went unpaid and led to the lien in the first place.

If the owner still refuses to pay for the work performed on his or her property, the lienholder can foreclose on the lien. This means that the property with the lien attached to it will actually be sold at a public auction to the highest bidder, and any money obtained from the sale will be used to pay the lienholder for the amount he or she is owed.

Perhaps a simple example would best illustrate how a lien works. Imagine that you have a contract with a homeowner to put a new roof on his or her house for $10,000.00. Upon the completion of your services you send the homeowner an invoice for the full $10,000.00. After a few weeks of phone calls and messages he or she finally makes a payment of $5,000.00. However, after another few weeks pass, it is apparent that he or she does not plan on paying the remaining $5,000.

So you decide to have KMBSP put a lien on his or her house. Assume for the sake of our example, that after the attorneys at KMBSP go through the necessary legal process to place the lien on the house, the owner still refuses to pay. At this point, you can foreclose on the lien, which means the attorneys at KMBSP will file a foreclosure lawsuit against the homeowner. The owner can stop the lawsuit at any time if he or she simply pays you the $5,000.00.

However, if the owner still refuses to pay, the house will be sold to the highest bidder at a public auction. To makes things simple, we will assume for our example that the house does not have a mortgage on it and it sells to the highest bidder for $170,000.00. This $170,000.00 will be used to pay the $5,000.00 you are owed. Under some circumstances you will also be reimbursed for the attorney fees you paid KMBSP to get you this far. Hopefully now you understand why a lien is so powerful. If an owner of property refuses to pay your invoice, he or she faces a very real possibility of losing the entire property.

There are some limitations to liens to which you should be aware. To begin with, a lien can only be filed on an article of property within 120 days from the last time you performed work or provided materials for the property. Further, you are required to provide the owner of the property with certain notices before you can place a lien on the property. For example, a lien cannot be placed on commercial property unless the owner is notified in writing, within 75 days after the time the labor or materials were supplied, that the laborer or material supplier is currently entitled to payment but has not been paid. In some cases a lien cannot be placed on property unless the owner signs a specific document before work begins notifying him or her that non-payment will result in a lien.

If you believe you are entitled to a lien due to non-payment, you are encouraged to contact KMBSP. Generally, we advise our clients to contact us if they have not received payment and a month has elapsed from the time they finished work. This provides KMBSP adequate time to comply with all the legal requirements before filing a lien. Even if you do not have a non-payment issue at the moment, we encourage you to contact KMBSP if you are engaged in a business in which a lien is a possibility. The attorneys at KMBSP can guide you as to what notices will be required for liens in your line of work. If your trade requires owners sign a document before you begin work to preserve your lien rights, the attorneys at KMBSP can advise you of that fact. If this is the case, KMBSP can also draft specific documents, tailored to your needs, for the owner to sign before you begin work. This will allow you to rest assured that in the event of non-payment you have preserved your right to a lien.

What To Do When a Loved One Dies?

admin — Sun, 06 Mar 2011 19:34:38 +0000

What To Do When A Loved One Dies After a loved one dies it is never easy to make decisions concerning what to do with his or her estate. Keith Miller Butler Schneider & Pawlik, PLLC have lawyers who work on probate. Probate is the term used to describe the process of transferring property from a deceased person to his heirs. Estate attorneys are necessary in most cases. Our probate lawyers can answer questions about trusts, estates and probate. This article should give you a general guideline on what to do and what to expect when a loved one passes away. We would encourage you to contact our firm in Rogers, Arkansas for legal expertise in dealing with the loss. Death Certificate Once arrangements are set, the funeral home should apply for a death certificate. It would be a good idea to ask the funeral home to obtain some extra copies of the death certificate (the larger the estate, the more copies that will be needed). If you need to obtain copies of the death certificate on your own, you may do so here: http://www.healthyarkansas.com/certificates/pdf/vr-8_death_certificate_application.pdf Find the Loved One’s Will, Trust or Other Important Documents Next, you should try to find the decedent’s will or trust, if any. These documents are often stored in a bank safe deposit box or in a safe or desk drawer at your loved one’s home. It is important to try to find the will as it specifies not only who is in charge of handling the estate (known as the personal representative) and who the beneficiaries it will also allow bonds and accountings waived which will save substantial time and money. If your loved one left a will at his or her death, the personal representative is called an executor. An executor is the person responsible for administering the decedent’s affairs. If you find a will, you should present the will to our firm and we can determine whether court procedures, such as opening a probate estate, will be required. Probate is a Court procedure used to establish the owners of the property your loved one left behind. The decedent’s trust, if any, will name a trustee. The trustee will be responsible for dispensing the decedent’s property without going through probate. No Will or Trust If no will or trust agreement can be found, the Court will appoint the personal representative which is called an administrator. Like the executor, the administrator will be responsible for transferring the decedents property to the right heirs. If a person dies without a will the State of Arkansas determines to whom the property is given. The administrator is typically the spouse, child or closest next of kin of the deceased. Inventory Property If the deceased left a will or created a trust, the executor or trustee has the responsibility to collect and inventory the decedent’s assets. If there is no will or trust agreement, the Court will select an administrator to perform this task. Our firm can help in your inventory of the property including what to do with the property based upon its form of ownership. Depending upon the size Debts It is likely that the decedent left some debts and obligations that may need to be paid. Do not pay these debts until you have contacted our firm. We will help you gather a list of all debts and obligations and determine their priority. In addition, the decedent’s estate may owe some federal and/or state taxes that will need to be paid. Taxes Generally, there are two types of tax returns that may need to be filed after the death of a loved one. One type of return is for income tax and the other is for estate or death tax. If the decedent was required to file a return and pay taxes for the year of death or any prior years, an income tax return must be filed and taxes must be paid for that year by the normal due date. Fortunately, in addition to having attorneys who handle probate and estate matters Keith Miller Butler Schneider & Pawlik also has a tax attorney who can assist in the filing of these returns. A federal estate tax return and state death tax return may also be required to be filed. We can help determine whether this is necessary and if so can help you with this process. Conclusion We realize that the shock and pain that come with the death of someone close often make it difficult to think clearly. However, it is important for you to make the right decisions in dealing with the legal issues. Keith Miller Butler Schneider & Pawlik has been assisting Northwest Arkansas for Estate and Probate matters for the last fourteen years. Our attorneys can provide the assistance you need and can alleviate the concerns and uncertainties associated with making decisions during your time of grief.

Yaz Birth Control Linked To Stroke Heart Attack and Death

admin — Sun, 06 Mar 2011 19:30:54 +0000

Yaz and Yasmine, made by Bayer and its generic counterpart Ocella, has been linked to several serious side effects for women using this relatively new contraceptive. Recent studies and multiple reports from women are showing that Yaz is causing greater incidents of blood clots, gallbladder disease and evenstrokes and heart attacks. Our firm is handling these cases and if you or someone you know has been had the following side effects while taking this drugcontact our office immediatly for more information.

Consumer groups and some members of the medical community are questioning Yaz side effects and its increased risks. Yaz contains a type of synthetic progestin called drospirenone. This contraceptive is one of the most popular contraceptives because it has been advertised for its effectiveness in treating premenstrual syndrome (PMS) and premenstrual dysphoric disorder (PMDD).

The problem appears to stem from a change in the blood clotting system which many people are associating the side effects with the type of synthetic progestin used by Bayer in its manufacture of Yaz called drospirenone . Patients experiencing any side effects should immediately be evaluated by their doctor because these can lead to serious and life threatening injuries. Because the drug has not been recalled by the FDA it continues to remain on the market despite its dangerous side effects.

Yasmin side effects include:

• Deep Vein Thrombosis (DVT) or blood clots in the legs
• Pulmonary Embolism which are blood clots in the lungs (Pulmonary embolism)
• Myocardial Infarction (MI) better known as heart attacks
• stroke
• gall bladder disease
• pancreatitis

Blood Clots

Yaz blood clot problems including DVT and PE is a serious Yaz side effect reported by many women with no family history of blood clots. These clots can lead to life threatening injuries. The clots can be caused by the type of hormones in the pill which increases the risk of developing clots. If a patient develops a blood clot they must change their lifestyle by being on blood thinners, future pregnancy problems, pain in the area where the clot developed and a substantially increased risk of developing clots in the future.

Stroke

Strokes are serious Yaz side effects also being reported by women using Yaz. The strokes are divided into two groups: ischemic stroke (caused by blockage) and hemorrhagic stroke (caused by bleeding). Many women with no prior stroke problems have had life threatening events after getting on this contraceptive where no other health issues exist. After having a stroke many women are then faced with life-changing side effects including: permanent loss of movement, difficulty communicating, and permanent loss of brain functions.

Our law firm doesn’t charge any legal fee unless there is a recovery. You are not responsible for any costs or fees associated with the litigation unless you receive a recovery. Call our office today at 1800-698-3644 or contact us by clicking here to get your questions answered in a free no-obligation consultation.

There are no legal fees or expenses unless you recover.