I know, I know….it’s probably too early to start thinking about fall right now BUT honestly – it’s never too early to start planning the next season’s crafts {especially in blogland!} And with today’s simple Paper Plate Candy Apples Kid Craft, I HOPE you will be feeling the same way too! So if you happen to […]
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Read More>>>>>Hi friends! Can you believe that the new school year is about to start back up again? Seems crazy – right? And who can forget the excitement of the first day of class? Riding the school bus, a fresh box of crayons, a shiny new backpack AND of course, making tons of new friends. It’s […]
The post Back To School Apple Handprint Keepsake appeared first on Glued To My Crafts.
Read More>>>>>Power Tool Holders Do you or the hubby have a garage/workroom that’s littered with power tools and a whole bunch of other attachments and bits and bobs? You can bring the room to some order by making these clever holders so that you can simply slide your tools back in when you’re done with them. [...]
This Post 25 Life-Changing PVC Pipe Organizing and Storage Projects appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! 25 Life-Changing PVC Pipe Organizing and Storage Projects
Read More>>>>>There is NO reason to be scared of today’s kid friendly Paper Plate Green Monster craft. Yes…it’s a monster. But this green colored monster is NOT scary – pinky promise! Not only is this monster super NOT scary but he’s also very easy, inexpensive and fun for kids to make. PLUS he goes along perfectly […]
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Read More>>>>>When a business owner passes away, there are inevitably additional concerns for the estate. For instance, should the business be closed, or should the business continue to be operated by surviving family members? How should the company's assets be distributed among heirs? Experienced New York elder law attorneys can assist in making these difficult decisions and minimize the risk of problems like what occurred in recent Georgia case involving just this situation.
In a recent decision from the Georgia Supreme Court, James Myers, Sr. died, leaving his son, Anthony Myers, as his executor. Unfortunately, Anthony began using estate assets for personal gain, and soon his brother brought an action in the probate court to return the misappropriated funds and to remove Anthony as representative. The Supreme Court found that indeed Anthony had mishandled the estate. The following are some of the important lessons for executors.
The language of a company's operating agreement or articles of organization control what should happen upon an owner's death
One of the biggest problems in the case of Myers v. Myers was Anthony's continued operation of his father's company, Buckshot Properties, LLC, following his father's death. James Myers, Sr. was the sole member of the LLC. According to the company's operating agreement, upon the death of any member of the LLC, the company was to be dissolved and its assets distributed per his will. This means that the company's assets would be eventually distributed to Anthony, his brother, and his mother, per the terms of the will. Sadly, this is not what Anthony did. Instead, he continued operating the business. The Court found that because the company specifically required dissolution, Anthony had no right to continue operating the business following his father's death. Therefore, it is important to always obtain the decedent's business documents and have them reviewed by an attorney to ensure how it is to be handled during probate.
What the executor did amounted to a "conflict of interests," because he was a fiduciary for the estate
In Myers v. Myers, Anthony made 5 big mistakes that cost him dearly.
1. The executor improperly used the estate's truck for personal reasons
The law does not permit a representative to use estate property for personal reasons unless he or she compensates the estate. While there are often exceptions to this rule, such as where the will expressly permits it or the court has given permission, an executor should not assume it is okay to use a decedent's vehicle.
2. The executor improperly used the company's funds to perform maintenance on the house.
Although one would think it is perfectly fine to use the decedent's funds to maintain the estate property, this was not the case. Since the business was supposed to be closed, continuing to operate the business and use its funds in this way was improper.
3. The executor failed to pay rent to the estate for using estate property
While no doubt many adult children may feel they are entitled to live in a parent's house following the parent's death, this is definitely not always the case. Instead, since the property became an estate asset, Anthony was wrong to use the property for any reason without paying the estate rent.
4. The executor failed to keep accurate records of rent paid to the estate
The decedent owned rental properties, which were managed by his company, Buckshot Properties, LLC. The executor made a critical error by not keeping accurate record of all the money paid by tenants. This made it difficult for the court to determine just how much money should have been in the estate for distribution to the other heirs, and as such, it was improper.
5. The executor used estate funds to pay personal bills
Quite possibly the biggest error Anthony made was misusing the estate's money. This is a common mistake for surviving heirs and executors. Here, Anthony used thousands of dollars to pay personal bills with his father's assets. This is almost never acceptable.
The lesson to be learned from the Myer case is that an executor owes a duty to the estate and its beneficiaries to handle the assets with care and keep good records. Once an executor starts co-mingling funds, misusing estate funds, and ignoring his or her responsibilities, there can be unintended consequences, such as years of prolonged litigation against loved ones. While New York probate law may differ from Georgia in many ways, these general lessons should be a constant reminder to follow the law and seek competent counsel early.
Instead of a regular old swimming pool, how’d you like to have a large natural pool that looks like a pond, complete with plant and animal life? You get to enjoy that lovely bond with nature as if you were out in a jungle somewhere, when you’re actually in your very own back yard (and [...]
This Post Magical Outdoor DIY: How Make An All-Natural Swimming Pond appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! Magical Outdoor DIY: How Make An All-Natural Swimming Pond
Read More>>>>>What do you usually use hydrogen peroxide for? As an antiseptic for minor cuts, or whitening your teeth, perhaps? This simple chemical compound is actually a lot more useful than you may think. The unassuming bottle of 3% concentration that you can buy at any pharmacy can actually also save you a lot of money. [...]
This Post 3 Surprising Uses for Hydrogen Peroxide around the House appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! 3 Surprising Uses for Hydrogen Peroxide around the House
Read More>>>>>Golden Checkerboard Every home needs a great collection of games, so I think this golden checkerboard would make a fantastic housewarming gift; not only is it functional, but it looks great as decoration too. The gold just looks so regal, how could anyone not love it? DIY Instructions and Project Credit – ABeautifulMess Dipped Shot Glasses [...]
This Post 25 Thoughtful DIY Gifts for the Home – Never Show up Empty-Handed Again! appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! 25 Thoughtful DIY Gifts for the Home – Never Show up Empty-Handed Again!
Read More>>>>>Hi everyone! I’m Amanda, the blogger behind Artsy Momma and Fun Handprint Art. I’m excited to be guest posting over here today! I adore Stacey and all the crafts she shares here on Glued to My Crafts Blog. Since I have a daughter the same age as her, I thought it would be fun to […]
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Read More>>>>>What do you do when you wake up to fantastic sunshiny day and all you want to do is splash around in some water to cool off from the burn of the sun’s piercing rays? If you don’t have a pool or can’t get to a beach nearby, then sadly, your dream remains but a [...]
This Post How Make Your Own Pallet Pool – Beat the Heat and Splash Around in Style! appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! How Make Your Own Pallet Pool – Beat the Heat and Splash Around in Style!
Read More>>>>>I get calls from artists telling me that they’ve made a recording of one of their songs and have let others hear it. Then, one day they hear something on the radio by a popular artist that is remarkably similar to their song. What do you do?
For starters, always copyright your songs before you let anyone have a copy of it. The process is straightforward and may cost as little as $35. Here’s a rundown of how the registration process works. Until you’ve copyrighted your song, you do not have federal protection and cannot sue in federal court because of the infringement. What’s more, unless you register your copyright within three months after the infringement occurs (or when you first learn about the infringement), then you will have no right to sue for damages in federal court.
To prove infringement, you must show both (1) copyright ownership (see above regarding registration) and (2) proof of copying. Proof of copying is shown by either direct evidence – the infringer admits it – or indirectly by showing (a) the infringer had access to the work and (b) there is a “substantial similarity” between your work and the allegedly infringing work.
If you’ve timely registered your copyright, the first element is easy to prove. Proof of copying may be more difficult to show. Similarly, proving access may not be too difficult. Did you give your song to Beiber’s producer, manager or best bud, and next thing you know Beiber has released a song that sounds like yours? These facts would clearly show access to the work. Where the difficulty arises is in showing “substantial similarity” between the two works.
A two-part test is employed to determine “substantial similarity,” an objective extrinsic test and a subject intrinsic test. Both tests must be satisfied to show infringement.
The extrinsic test looks to whether there is a similarity of ideas and expression of a work as to the two works, and requires presentation of expert testimony. The works are broken down into their constituent elements (melody, chords, song structure, rhythm and groove) and comparing those elements for proof of copying as measured by “substantial similarity.” In the recent Blurred Lines decision involving the claim of Marvin Gaye’s estate against Robin Thicke and Pharrell Williams, a jury awarded substantial damages for infringement of the Gaye song, Give It Up. Thicke and Williams conceded that Blurred Lines was intended as tribute to Marvin Gaye.
The court required a side-by-side comparison of the sheet music of the two songs, rather than of the sound recordings. Of course, a comparison of sound recordings would provide a much richer canvas for comparison of the two works, because it will include sonic and rhythmic elements not apparent from the sheet music. Even so, the jury determined that Thicke and Pharrell had infringed Gaye’s copyright.
If the Gaye plaintiffs could not establish extrinsic similarity, then their claims would have failed because a jury cannot find substantial similarity without evidence on both the extrinsic and intrinsic tests. Sony Pictures v. Fireworks Entertainment. However, if the extrinsic test is satisfied, a jury must then make a determination on the intrinsic test. Intrinsic similarity is shown if an ordinary, reasonable listener concludes that the total concept and feel of the two pieces are substantially similar. The Blurred Lines court explained to the jury that trivial copying is not copyright infringement; copying is trivial if the average audience would not recognize the copying of the Gaye Parties’ work in the Thicke Parties’ work. Clearly, the jury determined that there was substantial similarity between the two works.
The trial court has cut the damages by about $2 million, from $7.4 million to $5.3 million, and the case is on appeal.
A huge thank you to Hamilton Beach for sponsoring today’s giveaway and speedy Banana Pumpkin Smoothie Recipe that is sure to satisfy the sweet tooth this upcoming fall! Is it too soon for pumpkin recipes on the blog? I think not! And with today’s Banana Pumpkin Smoothie recipe, you will be thinking the same thing […]
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Read More>>>>>Crafting inspiration can hit ANYTIME and ANYWHERE. Take for example, today’s Paper Plate Banjo – Kid Craft that is made with the help of a paint stick. Yes – an inexpensive {most of the time free} PAINT STICK! It ALL started when my husband and I started to do some patch work in our rental home […]
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Read More>>>>>Hi friends! Fall is right around the corner and that means the back-to-school season is about to kick off again. In the past I’ve never been really excited about it BUT now that I’m a mother & my son is in school too, it’s starting to become a “season” I look forward too. Mainly because of ALL […]
The post Back-To-School Clothespin Displays appeared first on Glued To My Crafts.
Read More>>>>>A HUGE thank you to J.M. Smucker’s Company for sponsoring today’s Make Any Day A Sundae post! #SundaeFundae I scream. You scream. We ALL scream for ICE CREAM!!! If you are like me, you love finding an excuse to celebrate. From birthdays to special milestones, to even just small accomplishments around the house – there is ALWAYS […]
The post Make Any Day A Sundae – Shopping Experience appeared first on Glued To My Crafts.
Read More>>>>>Welcome friends! I feel like it’s been forever since I’ve shared a “book” themed kid craft on the blog, so I “feel” I need to remedy that ASAP! Today’s blog post is titled Paper Plate Cheese – Kid Craft and it goes along perfectly with the book – Cheese Belongs To You by Alexis Deacon. Rat Law […]
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Read More>>>>>The starting point of any bedroom is a good bed. Not only do you need something that lets you enjoy your peaceful slumber in warmth and comfort, but since the bed acts as the focal point of the room, you need something that looks really good too. Unfortunately, big, beautiful beds can get very expensive, [...]
This Post 21 DIY Bed Frame Projects – Sleep in Style and Comfort appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! 21 DIY Bed Frame Projects – Sleep in Style and Comfort
Read More>>>>>In yet another fireworks accident involving personal injury in Boston, a boy was seriously injured in what has been described as a cherry bomb accident. According to a recent news article from 7 News Boston, a boy was playing on a basketball court in Boston, when he found what has been described as a cherry bomb.
Authorities say the boy found the firework and attempted to light it. When he lit the firework, it exploded while he was still near it. The boy’s father was in his nearby home when he heard and felt the massive explosion. He immediately ran out to see what had happened and saw his 9-year-old son running toward him. He told authorities that, when he saw his son, he immediately noticed he was covered in blood and his eyelashes and eyebrows had been entirely burned off.
His father immediately called 911, and first responders arrived at the basketball court and took him to a local hospital. He was diagnosed with a broken wrist and some damage to his fingers. He also had burns on his face. He has been released from the hospital and is expected to make a full recovery. His father urged people to be more responsible, and if they choose to use their own fireworks, to make sure they clean up after themselves to prevent a child from finding them and being injured, as was the case with his son.
As our Boston personal injury attorneys can explain, if you were injured during an amateur fireworks show, or by people playing with fireworks, and you were not the person launching the fireworks, you may have a valid personal injury lawsuit. One of the important things to understand is that all consumer fireworks are illegal in the Commonwealth of Massachusetts. The reason they do not sell fireworks in Boston or anywhere else in Massachusetts is because of this absolute prohibition. The only way someone can legally possess fireworks here is if they are a licensed professional, and, in this case, they would not be in possession of consumer grade fireworks, but professional grade fireworks that require special licenses from the federal government.
There are a variety of types of injuries that can occur during an amateur fireworks display, and despite the fact that fireworks are illegal, there have been many cases of fireworks-related personal injury in the days surrounding this past Fourth of July holiday weekend. Some of these cases involved significant trauma to hands and fingers or the partial or total amputation of these extremities. In other cases, people have suffered hearing loss from the sound of the explosions in close proximity, burn injuries, and loss of vision. Fireworks can also cause structure fires that may result in serious personal injury or even death.
It is important for you to contact an experienced personal injury attorney as soon as possible following your accident. The sooner you act, the greater your chance of obtaining a full and appropriate financial compensation for your losses. Not only will acting quickly help avoid any problems with the statute of limitations, it will allow your personal injury attorney to have his or her private investigator get to work collecting evidence sooner.
If you are injured in an accident in Boston, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.
Additional Resources:
1 boy injured by fireworks released from hospital, July 5, 2015, 7 News Boston
More Blog Entries:
New Guidelines for Identifying Causes of Newborn Brain Injury, October 21, 2014, Boston Personal Injury Lawyer Blog
The post Cherry Bomb Accident Results in Serious Personal Injury appeared first on Boston Personal Injury Attorney Blog.
Earlier this week we shared information on techniques that can be used to ease the strain of caring for an elder loved one. We discussed the importance of enlisting close friends and family members as well as taking time for yourself. In other instances, different options may be considered, for example:
1. Seek professional assistance with things that are beyond your abilities
Not all things require a loving caregiver. If you are concerned about your parent's ability to pay for medical care, a nursing home, or other such financial matters, do not hesitate to contact an elder law attorney for advice regarding estate planning, end of life decisions or selecting appropriate care. There are also private and public options for obtaining assistance with daily care giving, depending on your eligibility and ability to pay. Care giving can be a full time job, so treat it as such. Seek out qualified professionals for advice and suggestions.
2. Dedicate time for your children
One of the most difficult scenarios is serving as a caregiver while simultaneously raising children. Research shows that the majority of adult children providing care to older adults are women. The average age is about 46. This means they may also have children of their own living with them. These multi-generational living environments can be very beneficial; however, they come with the added stress of maintaining a functional household, watching out for teenagers and young adults, planning for college expenses, and so forth. In addition to these existing stressors, the caregiver must also worry about her own parent or disabled family member.
No matter what, remember that while you love the person for whom you are caring, your children are still a priority. Do not forget to say you love them, ask about their day, and take a few minutes each day to be involved in their lives. If you are lucky, your children may even assist with care giving duties. This can be a unique experience for young adults and lead to a lifetime of respect and compassion for older adults. Just remember, you must take care of yourself to be of any use to others.
Hi friends! It’s that time again – today I’m sharing yet another SIMPLE and indulgent popsicle recipe on the blog and it’s the perfect sweet treat to take a step back from reality & indulge a bit! This Circus Animal Cookie Pudding Pops recipe is soooo simple but yet oh so tasty! You honestly will be wondering why […]
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Read More>>>>>Hi friends! Have you ever walked into a craft store and instantly spotted something that inspired you? Story of your life, right? {Well – that’s the story of my life!} On a recent trip to my local Michaels, I found these adorable felt sea creature stickers near the front of the store and it instantly […]
The post Simple Under The Sea – Kid Craft appeared first on Glued To My Crafts.
Read More>>>>>Pallet Coffee Table Anything that you make from reclaimed wood will always look charismatic and charming because of all the imperfections and character that you can physically see in the wood. This is exactly why I always prefer homemade (or at least handmade) over buying things brand new. DIY Instructions and Project Credit – TheMerryThought Twinkling [...]
This Post Want a Cozy Home? These 25 DIY Projects will bring the Charm You Need appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! Want a Cozy Home? These 25 DIY Projects will bring the Charm You Need
Read More>>>>>A HUGE thank you to Fun Chalk for sending us some samples so we could share this DIY Gift Wrap Paper tutorial today! Hi my crafty friends!!! Have you heard of Fun Chalk markers before? They are odor free, non-toxic, reversible tip, liquid neon chalk pens and are pretty amazing {if I do say so myself!} Not […]
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Read More>>>>>I’ve never been a morning person, and I’ve resigned myself to the fact that that is a part of me that will probably never change. I’ve come to live with it, although, I do find that I have many more rushed mornings than the average person does. So, for those mornings that I don’t have [...]
This Post 20 Gorgeous 5-Minute Hairstyles to Save You some Snooze Time appeared first on DIY & Crafts. Thanks for being a lovely DIY enthusiast! 20 Gorgeous 5-Minute Hairstyles to Save You some Snooze Time
Read More>>>>>According to a recent article in the Boston Globe, a woman who lived in Chinatown was walking near her home on a Wednesday morning when another woman allegedly bumped into her. This woman, prosecutors say, has a criminal record consisting of charges for violent and erratic behavior.
The woman with whom victim made contact allegedly said she was responded to victim bumping into her by shoving her to ground. When victim hit the ground, her head slammed against the pavement. Prosecutors say alleged assailant kept moving but told prosecutors she heard people asking if victim was OK. First responders treated victim following the accident, and they took her to Tufts Medical Center, which is a level-one trauma center located in the Chinatown neighborhood of Boston. Doctors diagnosed her with a fractured skull and a brain hemorrhage. They took her into emergency surgery to control the bleeding in her brain, but her injuries were too substantial, and she soon died.
To make matters more interesting, this all happened in the same part of Chinatown where they were filming a scene for the new reboot of “Ghostbusters,” expected to come out next year. Members of the production crew witnessed the alleged assault and described the suspect to the police when they were in search of her. After she was arrested, a law enforcement member involved in the investigation said it didn’t seem as if defendant meant to kill victim when she allegedly pushed her to the ground, as she was just responding to victim making contact with her.
In some of the other incidents on defendant’s record, she was involved in an altercation where she allegedly pulled a family member’s hair and smashed some of the relative’s property, including a stereo. She also had another alleged incident involving someone else bumping into her while walking. In yet another incident involving violent behavior toward others, defendant allegedly threw an apple, a backpack, and her purse at a transit police officer who accused her of entering the T without paying the fare.
As Boston personal injury attorneys can explain, when most people think of civil lawsuits following an injury, they are thinking of negligence cases, such as a car accident, a slip-and-fall, medical malpractice or other type of accident. However, a personal injury case may also involve intentional conduct instead of negligent conduct. First, it is necessary to look at the definition of a tort. A tort is defined as a civil wrong for which the law provides a remedy. Basically, it is the civil version of crime that for which people can file a lawsuit following a personal injury.
There are three basic categories of torts. The first is negligent torts, with which most people are at least somewhat familiar. The second type of tort is known as intentional tort, and these include things like assault, battery, false imprisonment (kidnapping), conversion (theft) and other similar actions involving intentional contact. Finally, there are torts known as invasion of privacy torts, which are must less commonly filed.
If you are injured in an accident in Boston, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.
Additional Resources:
Victim identified in fatal Chinatown shoving encounter, July 10, 2015, Boston Globe
New Guidelines for Identifying Causes of Newborn Brain Injury, October 21, 2014, Boston Personal Injury Lawyer Blog
The post Boston Chinatown “Shoving Encounter” Ends in Death appeared first on Boston Personal Injury Attorney Blog.
Fireworks are a lot of fun to watch, but it is best to leave the actual process of shooting off the fireworks to trained professionals with proper permits and fire department personnel standing by in the case of an accident.
In fact, fireworks are illegal in the Commonwealth of Massachusetts, unless being handled by a licensed pyrotechnician with proper permits for the city and Bureau of Alcohol, Tobacco, and Firearms (ATF).
For this reason, our Boston personal injury attorneys urge everyone who is staying in town who wants to see fireworks next year to go down to the Esplanade on the Charles River and join the festivities. Unfortunately, as we can see from a recent news article from The Boston Globe, some people still choose to purchase illegal fireworks in states that sell them and take them back to Boston for an amateur display.
Authorities say a 9-year-old boy and his 5-year-old friend were both seriously injured while they were playing with a firework in the Dorchester section of Boston. The two young victims were playing with fireworks with other children when one of the fireworks exploded in close proximity to them. Both victims suffered serious personal injury to their faces and hands, but the older boy was much more severely injured. He is said to have had his hand blown off by the explosion.
Two witnesses said they were getting out of a car when they heard what the sounded like a bomb. They then saw two boys running past their car covered in blood. One of the women in the car said they boy appeared to be in an incredible amount of pain and one of his hands was missing.
She immediately called 911, but it took first responders about 15 minutes to arrive at the scene of this serious accident. By the time the ambulance crew had arrived, the boy was in his third floor apartment screaming in pain according to witnesses. The victim was asking if he was going die and asked where his arm was.
Police said the boy was playing with a firework called an “M16,” though they are not sure if that was the one that exploded causing him to lose his hand. However, it should be noted that based upon federal law, most firecrackers are identical in the amount of explosive material. Many fireworks are marketed as “M 80s,” “M 90s” and so on, but basically all consumer grade firecrackers contain 1.4 grams of explosive powder. In other words, regardless of whether the firecracker itself is large or small, the explosive force is the same. The reason for this is because federal law classifies anything with more explosive powder as an explosive ordinance or blasting device (mining operations) and requires special licenses and permits to possess.
In this fireworks accident, both boys suffered personal injury but have recovered from the accident. However, the older boy is now missing one of his hands. This is just one example of many fireworks accidents that occurred across the Commonwealth this holiday season.
If you are injured in an accident in Boston, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.
Additional Resources:
Dorchester boys, 5 and 9, hurt by firework, July 6, 2016, Boston Globe
More Blog Entries:
New Guidelines for Identifying Causes of Newborn Brain Injury, October 21, 2014, Boston Personal Injury Lawyer Blog
The post Two Injured – Boy Loses Hand – Boston Fireworks Accident appeared first on Boston Personal Injury Attorney Blog.