The Court Of Public Opinion

My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

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Legal age is an age at which a person becomes entitled under the law to engage in a particular activity or becomes responsible for a particular act.

Those acts and activities include getting married, getting a license, voting and basically anything that will make you accountable for your actions. Government sets a legal minimum age for all these.

So before you head out to town for the supposedly biggest party of the season (which will probably include one or all of the following events: bringing your folks’ car and getting drunk like crazy and ending up in Vegas with some random person you’re about to marry) check out the legal ages for all your needs so you don’t end up in juvenile court or jail for that matter.

Here’s a list of the most fundamental legal ages.

Legal Age of Candidacy

It is the legal minimum age at which a person can legally qualify to hold certain elected government offices. In many cases, it also determines the age at which a person may be granted ballot access for an election.

Legal Age of Cconsent

According to the law, when a person reaches the age of consent, persons are bound by their words and acts. There are different ages at which one acquires legal capacity to consent to marriage, to choose a guardian, to conclude a contract, and the like.

For marriage, the age may be higher for males than for females if the jurisdiction does not guarantee equal rights to men and women. Age of consent also means the age below which consent of the female to sexual intercourse is not a defense to a charge of rape.

Under common law this age was 10; state statutes in the United States generally set it between 13 and 18. Basically, legal age of consent is when you become solely responsible for your own actions. It’s about taking accountability.

Legal Age of Majority

In law, the age of majority is the age at which one acquires the full legal rights of an adult. This commonly includes things such as the right to vote and the ability to make contracts.

Legal Drinking Age

Many nations have a legal drinking age, or the minimum age one must be to drink alcohol. In most countries this is 16 or 18; in the US it is 21. Some countries distinguish between drinks with fairly low alcohol-content (such as beer and wine) and stronger spirit-based drinks.

Legal Marriageable Age

It is the age wherein an individual may decide on his or her own to marry or not. It’s different for most countries and the youngest so far is 16 with parental consent.

Legal Minimum Driving Age

Minimum driving age refers to the legal age after which a person can obtain a license to operate a motor vehicle. The minimum driving age varies between jurisdictions but is generally between the ages of 14 and 18.

Legal Voting Age

The voting age is the minimum legal age at which a person may vote in a governmental election. That means carrying out the right to suffrage.

Legal ages were put into law for a reason. Age comes with education and experience and who would want a reckless, drunk 13-year-old driving down our streets, right?

James Monahan is the owner and Senior Editor of TopLegalSites.com and writes expert articles about law.

My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

More articles at articles on database

My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

More articles at articles on database

The Federal Trade Commission has rolled out it?s National Do Not Call Registry and the registration site already has over 700,000 registrants. This is great news for consumers who have grown tired of annoying sales calls by pesky telemarketers.

Consumers can register online at www.donotcall.gov.

You can register up to three personal phone numbers at one time. This is a free service established by the FTC and your ?do not call? registration is good for a 5-year period.

Additionally, a toll-free number is also available for those who want to register by phone. The toll-free number is 1-888-382-1222. You must call from the phone number you want to register when using the toll free registration service.

The toll free number is only accessible to those states west of the Mississippi River in the initial week of registration. The program will spread nationwide the following week.

Telemarketers will be required to ?clean? their call lists by matching their list against the national ?do not call? list every 90 days starting in September 2003.

Companies who call listed people will be subject to fines of up to $11,000 per violation. Enforcement will begin in October 2003. You will be able to file a ?do not call violation? complaint online or by phone.

Over two dozen states already have their own ?do-not-call? lists and most of these states plan to incorporate their lists into the national registry. If your state is one of them, you do not need to re-register for the national registry.

CAUTION: There have been reports of scam artists and identity thieves calling people to request or confirm personal information for this new registry. The FTC has posted this warning to consumers on their web page:

?The FTC will not allow private companies or other such third parties to pre-register consumers for the national Do Not Call registry. Web sites or phone solicitations that claim they can or will register a consumer’s name or phone number on a national list ? especially those that charge a fee ? are a scam. Consumers will be able to register directly with the FTC, or through some state governments, but never private companies.?

Consumers should also be aware that some types of telephone solicitation are exempt from the do-not-call protection. Companies from which you have purchased, leased or rented from in the previous 18 months are exempt. Also charities, surveys, and calls on behalf of politicians will be exempt from this service.

The National Do Not Call Registry does not cover business to business calls.

About The Author

? 2003, Your Free Credit Report Now

Author: James H. Dimmitt.

Get your FREE credit report online now and subscribe to our FREE weekly newsletter ?TO YOUR CREDIT?.

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

More articles at articles on database

My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

More articles at articles on database

The way in which the police implement their powers to the general community is based on a choice of set of laws and regulations. Law enforcement authorities need their powers in order to accomplish certain community and municipal duties; these comprise stopping and penetrating, to enter a suspect?s residence if they are alleged to be harbouring an escapee or holding stolen possessions. They must in addition be able to capture suspects take them to a police station for penetrating and if required hold them in guardianship.

However, the everyday normal member of the public must be able to live their lives without the fear of being wrongly arrested or detained. They must also be free from torture, police brutality and being made to give false confessions even if they are guilty of the crime. Therefore it is obvious to think that when creating legislation they must create an equal balance between police powers and public liberty.

In 1978 the royal commission on criminal procedure was set up. It felt that the way in which police powers were controlled were to sparse, one example of this is that there were over 70 statues under which police had powers to stop and search. It also felt that crime investigation should be separated from criminal prosecution. This spawned the creation of the crown prosecution service in the 1980?s. Before its creation the police and the director of prosecutions were the ones in charge of the procedure. Therefore, the police acted as both the investigator and the and the prosecutors. One major concern was that the police would not gather sufficient information to prosecute, and may sometimes force false confessions in order to convict a suspected criminal. In 1984 the Police and Criminal Evidence act was created. Its task was to modernise the law that governed police powers. Two of its major innovations included tape recording at interviews, and making it compulsory for police to take records of arrests, custody and any other dealings with the public.

The police force is constantly changing through time, adapting to social occurrences etc for example, armed police are far more common due to the ever-increasing threat of international terrorism.

Police relationships with the community depend on the nature and role of the force. Development can drastically change the relations for the better or for the worse. An obvious example of which is that with the ever-increasing ownership of vehicles, police roles have had to change, in order to tackle traffic control and enforcement of the roads. The middle class members of the community found themselves the target of police activity. As they were committing minor crimes such as speeding. This inevitably led to the worsening of relationships between the police and the community.

Technological development has also aided the development of police roles. For example DNA analysis means that any DNA left by the attacker can easily identify suspects for serious crimes such as rape. They can also radio for immediate backup.

It was a vast improvement from a police officer patrolling an area on foot with only a truncheon and whistle for backup, which is no considered inefficient. However, information from the public was greater in those days as the officer had a direct relationship with the public. Whereas two police officers in a car maybe able to catch more criminals easier, they are seen as less personal and so the public is less likely to give up valuable information.

The police forces role vastly changed during the 1970?s and 1980?s, as there was a sudden increase in urban riots and industrial disputes. Police needed to be trained to deal with crowd control and riots. But the tactics used by these new forces came under much scrutiny and were dubbed paramilitary tactics.

Mary Anne Winslow is a member of Essay Writing Service counselling department team and a dissertation writing consultant. Contact her to get free counselling on custom essay writing.

Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into delta9 THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THCA is released. The result is marijuana?s psychoactive compound delta9 THC. The State of North Carolina?s laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold. No one purchases wet marijuana at a price comparable to suggested market value because approximately 80% of this weight consists of water, both in the plant tissue and chemically bonded by carbon to the THC molecule. No one smokes fresh, wet, uncured marijuana because it cannot produce a euphoric effect. Decarboxylation must occur by drying prior to it?s combustion that occurs with smoking (this does not occur when attempting to smoke uncured marijuana), drying must also occur before eating marijuana, if it is to produce a euphoric effect.

North Carolina?s G.S. 15A-903(a)(1) allows the State to retain only a small random sample of marijuana to be made available to prosecutors and notably the defendants for the discovery rights. This deprives the defense of having all the evidence available to them. The actual weight of marijuana is an essential element of the criminal statute. The marijuana?s weight is the primary factor in determining the NC unauthorized substance tax assessment.

?Mature stalks? are found on all mature marijuana plants. The percentage by weight of marijuana?s ?mature stalks? can vary widely by different cultivation methods and by genetic variation. NC G.S. 90-87(16) clearly exempts ?mature stalks? from being considered toward the weight of ?marijuana? for criminal sentencing purposes. ?Mature stalks? are exempt because the State has recognized that they have neither intrinsic value as an intoxicant, nor any noteworthy market value. Marijuana?s ?shade leaves? are a waste product for marijuana farmers. These leaves are not smoked, and are not psychoactive. Likewise, male marijuana plants do not produce smokeable buds nor THC (the psychoactive ingredient of ?marijuana?). Marijuana?s initial wet, uncured weight can be over 500% of the final, dried, consumable and marketable weight. Uncured marijuana cannot be bagged or jarred because without curing because it would mold, rot, and become valueless. The State?s weighing of water content in uncured marijuana has resulted in many citizens receiving far harsher imprisonment, taxes and fines. Marijuana trafficking in North Carolina carries a mandatory minimum 2-year sentence for anyone possessing 10 lbs. or more. One pound of marijuana may weigh 6lbs before it dries and is useable. Many small farmers end up with trafficking charges because of this discrepancy. I do not believe this was legislature?s intent, nor is it just. The marijuana trafficking statutes, ? 90-95 (h) (1) section (a through d) , are all unreasonably harsh by commanding lengthy mandatory minimum prison sentences. At the very least, the weight of marijuana required to warrant adding a trafficking charge should be restored to its initial threshold of 50lbs, and should be dried, and shade leaves, stems and all stalks removed before weighing. Because of recent scientific proof showing marijuana?s usefulness, and its benign non-toxic effects along with current attitudes toward marijuana, trafficking in marijuana should be removed from our current laws. Currently some citizens are being charged twice for the same 10 lbs., one trafficking count for cultivation and another for possession, and this is in addition to manufacturing and possession charges.

North Carolina?s Unauthorized Substance Tax Act, Article 2D ? 105-113.106 (6) has a different definition of what constitutes ?marijuana?, divergent from North Carolina?s Controlled Substance Act?s definition found in ? 90-87(16). These statutes also differ in their definitions of exemptions of parts of the plant not to be considered as ?marijuana?, respectively 105-113.107A – Exemptions and ? 90-87(16). N.C.?s drug tax law ? 105.113.107(a)(1) commands for a tax of 40 ? per gram for stems and stalks that have been separated from and not mixed with any other parts of the marijuana plant. Yet the next paragraph, ? 105.113.107(a)(1a), commands for a tax of $3.50 a gram, or fraction thereof, of marijuana, other than separated stems and stalks taxed under subdivision (1) of this section. In ? 105-113.107A (b) (1), it states, the tax levied in this article does not apply to the following marijuana: (1) Harvested mature marijuana stalks when separated from and not mix with any other parts of the marijuana plant.

Any knowledgeable and reasonable person would assume that all stalks and large stems would eventually be separated from the rest of the marijuana plant. It is impossible separate the stalks prior to harvest, yet a reasonable person would assume that separation would eventually occur. Therefore, requiring mature stalks to be separated from and not mixed with other parts of the plant to qualify under NC ? 105-113.107A(b)(1)?s exemptions seems far from reasonable or just. For example, the roots of the marijuana plant are exempt from tax liability under ? 105-113.107A(b)(4), whether separated or not. As mentioned, N.C. G.S. 90-87(16) clearly exempts ?mature stalks? (separated or not), which is not considered ?marijuana? by it’s definition.

Article 2D ? 105-113.106(6) ?s provisions pertaining to ?growing marijuana? are impossible to comply with, and should be considered unconstitutional. ? 105-113.106(6) defines marijuana as ?all parts of the genus Cannabis, whether growing or not? and as stated before, ? 105-113.107(a) (1a) calls for an excise tax of $3.50 per gram of ?marijuana?. N.C.

Article 2D ? 105-113.109 (requiring payment during actual or constructive possession) is impossible to comply with concerning growing plants. Being a growing plant, its weight is changing continuously and therefore is unable to be determined accurately. Taking into consideration that a growing plant is attached to exempt growing roots, determination of the taxable part?s weight is impossible to accurately assess. ? 105-113.109 also demands the drug tax stamps shall be permanently affixed to the unauthorized substance. Growing plants, especially outdoors, do not have a place to attach stamps where the plant will not outgrow and cause detachment.

The excessive mandatory minimum prison sentences for marijuana infractions under the N.C. G.S. ? 90-95 (h) (1) section (a through d) are all based on the weight of the marijuana. Therefore, by not determining the cured weight without ?mature stalks? of ?marijuana? prior to destruction and independent inspection and concurred confirmation by defendants; defendants? right to examine and test plants under G.S.15A-903(a)(1) and defendants? State and Federal Constitutional rights to due process are denied by removing the chance of a fair and reasonable opportunity to investigate, prepare and present their defense. Destruction by the State of marijuana held as evidence, before an agreed weight between the State and defendants, also violates defendants’ right of confrontation under Article 1, Section 23 of the Constitution of the State of North Carolina. Mandatory minimums sentences should not be allowed for marijuana related offences.

Past cases concerning the destruction of marijuana prior to independent determination of its weight have been ruled in favor of the State. In light of recent research and these new arguments, premature destruction of marijuana evidence by the State should not be considered actions taken in ?good faith?, and considered violations of defendants? rights previously mentioned. N.C. G.S. 90-87(16) needs to be amended to include plant moisture in the list of exempt parts of marijuana; this would more fairly apply the law by preventing unfair sentencing and fines. All stalks (mature or not), shade leaves, and male plants should be added to G.S. 90-87(16)?s exemption list also. Article 2D ? 105-113.106(6) needs to reflect G.S. 90-87(16) by exempting all stalks (hemp fiber) separated or not, from tax liability. The valueless waste product, ?shade leaves?, should not be taxed at $3.50 a gram and should be added along with male plants and most importantly the ?moisture of wet or non-dried? marijuana to ? 105-113.107A and NC GS ? 90-87(16)?s list of exemptions.

Legalization through regulation and a tax makes much more sense than waging war against the citizens of our State. Marijuana does not hurt society, while marijuana laws are destructive to society by creating criminals out of otherwise hard working, tax paying, good people. Alcohol and tobacco abuse causes many health and social problems, while marijuana’s effects are relatively benign to individuals and society. Until the criminal aspect is removed from marijuana, reason and justice, are replaced by oppression and hypocrisy. Please make your voice heard.

Insanity in the courts: in this drug tax case, Docket No 2002-683 (NC) (in PDF format) The State charged a citizen $39,654.72 for 1.9 pounds of marijuana by considering its initial wet weight (with some root balls) of 17.75 pounds. This demonstrates why are laws are unfair, harsh, and need to be revised. This tax case, NC Docket No 2003-269 May 19,2003 is an example of the State weighting dilute mixtures (in this case 20 pounds 9120 grams of homemade chocolate fudge), resulting in a $44,847.60 assessment when including penalties and interest with no mention of the additional criminal charges.

In the infamous case, STATE OF NORTH CAROLINA v. BRIAN FRANK GONZALES NC NO. COA03-606 – June 1, 2004 the State appealed the dismissal of trafficking charges that were rationalized in trial court by charging him with the fresh wet weight of 25.5 pounds even though the SBI certified the marijuana’s weight at 6.9 pounds 1 month later. The State won this case in appellate court. It is now the duty of citizens of North Carolina to inform your State Representatives and schedule appointments with them, or at least call to tell them how you feel and encourage them to support changing the laws the way they are currently worded.
See my proposed statute revisions, and a proposed Medical Marijuna Act of North Carolina -adapted from MPP’s model legislation ? Click Here

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

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