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Prenuptial agreements can take the guess work out of determining spousal support and property division in the event of a divorce or upon a spouse?s death.? A properly drafted prenuptial agreement will typically provide a formula for determining spousal support (or may contain language waiving spousal support altogether) and have provisions detailing how the parties wish to divide separately owned property and jointly owned property.? The prenuptial agreement should always have a schedule attached to it that accurately lists each parties separate property and any jointly owned property that they have acquired prior to their marriage.

Prenuptial agreements can ensure that each party?s separate property, which can be property owned prior to the marriage or acquired during the marriage (such as a large inheritance from that spouse?s family), passes to that party?s separate children or other heirs or beneficiaries free of any claim by the future spouse.

It?s best if both parties also do their estate planning at the same time they are working on a prenuptial agreement.? Usually both parties have separate attorneys representing them and these attorneys have a good grasp on each party?s assets and their distribution goals.

However, oftentimes the parties will forego estate planning until a later date.? The problem with waiting is that most people put off estate planning until after they are married.? Five or six years down the road, the couple will be happily married and remember that they need to do estate planning.? They talk with their financial planner who refers them to a new attorney; or worse, the parties create a will or joint revocable living trust using an online legal service.?? During this process the parties forget to disclose the existence of the prenuptial agreement. The existence of the prenuptial agreement isn?t mentioned in the wills or trust and the estate planning documents potentially destroy the effectiveness of the prenuptial agreement.

For example, the couple executes a joint revocable living trust which states that all of their joint property is listed in a schedule following the trust. The schedule lists all of the couple?s property, including their separately owned property.? The property is retitled in the trust?s name.

By doing this, the parties may have destroyed the prenuptial agreement and made it ineffective. Years down the road, the parties may decide they want to divorce.? By moving all of their property to the trust and titling the property in the name of the trust, the parties may have inadvertently converted separately owned assets into jointly owned assets.

In other words each spouse could have a 50 percent interest in the other spouse?s separately owned property ? something that the prenuptial agreement was made to protect against.? There is Oregon case law that can help to avoid this result but those cases are fact specific and there is no clear law in this area.

At the very least the couple will have an expensive divorce fighting over whether property is separate or joint.

Here are some steps to continue to preserve ownership of property identified as separate property in a prenuptial agreement:

1. Accurately identify all separate and jointly owned property in the prenuptial agreement.
2. Do estate planning at the same time that the prenuptial agreement is being created.
3. Don?t use self-help legal services to create a prenuptial agreement or estate planning documents.? Enforceable prenuptial agreements must meet several legal requirements that will most likely be overlooked if you try to draft a prenuptial agreement on your own.? Execution of simple estate planning documents may save money in the beginning, but will most likely result in an expensive legal proceeding in the future.
4. Make sure you tell your attorney that you have a prenuptial agreement. ?After you are married you may want to get rid of the prenuptial agreement altogether or change certain provisions of the prenuptial agreement to benefit your spouse.
5. Ensure that all separately owned property is always titled in that spouse?s name who owns the property and that the property is not integrated or commingled with other assets in the marital estate.
6. Don?t use a joint revocable living trust unless safeguards are put in place that reference the prenuptial agreement, dictate what happens to separate property upon divorce or death, and accurately identifies and labels all separate and jointly owned property.

As stated above, cases involving the enforceability and application of prenuptial agreements are fact specific.? It?s virtually impossible to create an ?iron clad? prenuptial agreement since attorneys cannot control their clients after the prenuptial agreement is signed.? Although the above steps and other steps may not avoid expensive litigation, they can help successfully defend claims by one spouse against the other spouse?s separate property in situations where a prenuptial agreement is in place.

? 03/27/2012 Kevin J. Tillson of Hunt & Associates, P.C.? All rights reserved.

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Source: http://huntpc.wordpress.com/2012/03/27/prenuptial-agreements-and-estate-planning/

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What about boosting your personal trainer income? Most physical fitness pros are eager to achieve this. In this post Im about to expose a key method that will assist you to achieve this.

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Health and fitness pros that take pleasure in a large individual trainer earnings just concentrate a lot more on continuing education. They invest in individual coach programs to boost their competency, along with qualifications.

Effective pros are using the time to brush up on health and fitness company expertise as a way to enhance their physical fitness trainer revenue. When most turn out to be a personal coach they truly feel their job is finished. It is a mistake! The understanding by no means stops. Persevering with training is definitely an illustration of going the extra mile each and every, and every day.

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Usually focus on separating oneself from the common Joe, or Jane trainers. Youll be able to do so by getting one of many very best private coach certifications. This will set you aside from the herd. Experts who possess the very best fitness coach certifications have all absent the extra mile to do well.

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Source: http://digg3.com/personal-trainers-earnings-need-a-higher-income/

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We’ve seen an amazing, historic run of record warmth in March 2012. It’s been the talk of towns from Minnesota and Michigan to Tennessee and Georgia for a couple of weeks now.

First, consider the sheer number of daily record highs either tied or broken over the past two weeks. The counts in the table below are courtesy of the National Climatic Data Center (NCDC) since Mar. 9. Counts from Mar. 23 are still being tabulated and will be posted later.

If you pull out your calculator and add the numbers up from March 1 through March 22, the total exceeds 6,000! This speaks to the widespread nature and longevity of this warm spell. By the way, there have been only about 250 daily record lows during that same time, a ratio of roughly 24 record highs for every record low.

In a typical March, particularly in the nation’s northern tier, you may see, perhaps, one or perhaps two days of record warmth before a sharp cold front brings that spring tease to a screeching halt. Not so in March 2012.

When considering monthly record highs, meaning the warmest temperature on record for the month of March, according to NCDC, there have been 430 such monthly record highs tied or broken!

International Falls, Minn., self-promoted as the “Icebox of the Nation”, tied or broke daily record highs 12 of 13 days from Mar. 10-22. This includes a 79-degree reading on March 18, which was the warmest day ever recorded during March in International Falls.

Chicago, Ill., tied or set new daily record highs nine days in a row from March 14-22! In this streak, eight of the days were in the 80s, including an astounding 87-degree high on March 21. The National Weather Service in Chicago recently called the warm spell “historic” and something that is unlikely to be matched in our lifetime.

More top weather stories from weather.com

Wednesday, March 21, both Marquette, Mich., (81 degrees) and Sault Ste. Marie, Mich., (83 degrees) shattered their previous March record highs. In Marquette, it was their earliest-in-season 80+ degree day on record, breaking the old record by 22 days! Despite a shorter period of record in Marquette (records since 1961), that’s still an amazing feat.

Thursday, March 22, Detroit, Mich., reached 86 degrees, setting an all-time record high for the month of March. The previous record was set just the day before. Prior to this March 2012 warm spell, the record was 84 degrees set in late March of 1945. If that wasn’t enough, their 10-day streak with highs at least in the 70s was their longest such streak so early in the season, topping the previous record by over a month!

Plotted on the interactive map?here are the many records set for various cities in this mild March. Zoom in on the map and click on the red locator icons to view the record-breaking information for each location. You will find many cities that have set records for the warmest temperatures so early in the season, monthly records or longest streaks of warm weather so early in the season.

Below is a map of temperature departures from average for the first three weeks of March. Notice the massive swath of much warmer than average air from the Rockies east (brown, red, orange shadings). Many spots are 10 to 15 degrees above average for the month so far!

Chicago, Detroit and Indianapolis are all currently seeing their warmest March on record with only a handful of days to go in the month. Records date back to the 1870s in all of these cities.

NOAA/CPC

This shows temperature departures from average for the first 23 days of March 2012. The brown shadings show where temperatures have been most above average.

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Source: http://usnews.msnbc.msn.com/_news/2012/03/25/10853227-march-has-meant-6000-weather-records-broken

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Both in the fish market, and in the wine market, taste tests show that consumers generally can’t tell the difference. If consumers were smart, they would have chosen the cheaper product in the first place. However, consumers are often more concerned about the image of the product than the product itself, so they buy the effectively identical more expensive product.

Yes, the fraud is wrong, but I can’t say I feel that horrible about it, as the consumer is still effectively getting what they pay for–something expensive that tastes just like something cheap. Perhaps the resources would be better spent worrying about crimes with real victims.

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/FU5KFhAqA1o/battling-fish-fraud-with-dna-testing

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Source: http://news.yahoo.com/syrian-tanks-enter-northern-town-homs-pounded-again-113415128.html

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Two senators and one U.S. representative on Wednesday sent letters to three individuals believed to have obtained licenses to operate both a pharmacy and a prescription drug wholesale business in a “shell game” ? to make money by taking advantage of the drug shortage crisis that’s disrupting hospital and other patient care. The letters request detailed information by April 11 about the businesses and their purchases and resale of cancer and other lifesaving drugs.

The letters were sent by Rep. Elijah Cummings, the ranking Democrat on the House Oversight and Government Reform Committee, along with Sen. John D. Rockefeller, chairman of the Senate Committee on Commerce, Science, and Transportation, and Sen. Tom Harkin, chairman of the Senate Committee on Health, Education, Labor and Pensions.

Cummings sent letters to 19 other pharmacies that may be doing the same thing, but investigation of those companies is in an earlier stage.

The three lawmakers have been investigating the role of the wholesalers, known as “gray marketers,” together with government agencies and hospital and pharmacy groups. Their letters state that they’ve found evidence of pharmacies speculating by buying prescription drugs in short supply from legitimate wholesalers, transferring those medicines to their own wholesale company and then selling them to other gray marketers at exorbitant markups.

“If it’s not illegal, we’re going to have to find a way to make it illegal, because this threatens virtually every person in the country,” Cummings told The Associated Press in an interview.

Laws vary by state, but generally wholesalers may only buy drugs from manufacturers or other licensed wholesalers.

Drug shortages have been wreaking havoc in hospital pharmacies, forcing doctors to postpone chemotherapy and surgeries and give patients treatments that may be less effective, have more-serious side effects or cost substantially more.

Patients have had to endure unnecessary discomfort, preventable complications and longer hospital stays, which is costing hospitals millions of extra dollars. Most of the drugs that are unavailable or hard to find are generic injectable drugs that normally would be cheap, including sedatives for surgery and powerful antibiotics and painkillers.

An Associated Press investigation last fall found at least 15 deaths since 2010 have been caused by the shortages, which have set a record high in each of the past five years. Future treatments also are endangered, as patient testing of new experimental medicines has been delayed or halted by lack of the standard medicines against which they must be compared.

The lawmakers’ investigation found evidence of one transaction where a licensed pharmacy called Priority Healthcare bought a chemotherapy drug called fluorouracil for $6.77 per vial. A distributor it owned called Tri-Med America allegedly soon sold the cancer medicine to another company for more than 10 times the initial price ? $69 per vial.

The other two pairs of companies under investigation are Columbia Med Services and Columbia Medical Distributors, and LTC Pharmacy and International Pharmaceuticals Inc.

The presidents of Priority Healthcare/Tri-Med America and Columbia Med Services/Columbia Medical Distributors did not return calls seeking comment. Jessica Hoppe, who is listed as the president and owner of both LTC Pharmacy and International Pharmaceuticals, declined to comment.

“We are following this paper trail and intend to see whether people with life-threatening illnesses had trouble finding the medications they need because of these companies’ business practices,” Rockefeller said in a statement.

Cummings noted a doctor who testified at a Nov. 30 hearing of his committee, Dr. Michelle Hudspeth of Medical University of South Carolina, said “she has to practice medicine as if she were in a Third World country because of the shortage of medicines.”

LTC Pharmacy, which has been under investigation by the North Carolina Board of Pharmacy, surrendered its operating permit last September, and International Pharmaceuticals was denied a permit renewal. The two businesses shared offices in a building in Durham, N.C., but had no actual pharmacy, according to the board.

The letter to Hoppe noted it appears International Pharmaceuticals has active wholesaler licenses in at least 23 other states.

Manufacturing lapses and production shutdowns for contamination and other serious problems are behind many of the shortages, and there’s no quick fix for those problems. Other reasons include increased demand for some drugs, companies ending production of some drugs with tiny profit margins, consolidation in the generic drug industry and limited supplies of some ingredients.

Yet some gray marketers ? who may not be licensed, authorized distributors ? have used the crisis to make money by cornering the market on drugs in short supply and then offering them to desperate hospital pharmacists and cancer clinics at outrageous markups.

Currently, there are 268 prescription drugs in short supply in the U.S. That includes 34 new shortages reported this year, 204 that began in 2010 or 2011 and remain unresolved, and others that have persisted even longer, according to Erin R. Fox, manager of the University of Utah Drug Information Service, which tracks national drug shortages.

A report based on a survey last summer said that hospitals forced to buy crucial drugs from wholesalers outside their normal distribution chain were being charged markups averaging 650 percent. In one case, a drug for dangerously high blood pressure, normally priced at $25.90 per dose, was being offered to hospitals for $1,200.

___

Online:

http://democrats.oversight.house.gov/index.php?option=com_content&view=article&id=5647&Itemid=119

___

Linda A. Johnson can be followed at https://twitter.com/LindaJ_onPharma

Source: http://news.yahoo.com/lawmakers-fake-pharmacies-price-gouging-drugs-143502210.html

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If you?re starting a fresh home-based business, you will need an effective web site. You will increase your sales by doing this because your target audience will be more substantial. Getting a great website working quickly can be a cinch, in case you consult an established professional.

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Source: http://shotway.com/operate-a-successful-home-based-business-with-these-guidelines

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Using Nintendo Wii technology, Jarno Smeets has rigged a contraption in which the motion of his arms is synced to that of a huge pair of wings made of kite fabric. In his first successful flight on March 18, he apparently used his “Human Bird Wings” to soar a horizontal distance of 328 feet (100 meters) above a park in the Netherlands.

1. More science news from msnbc.com

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      Science editor Alan Boyle’s blog: Software billionaire Paul Allen is pledging $300 million to fund a series of “brain observatories” that will map the mouse brain with the aim of helping humans.

   2. Antarctic seal pups face climate change woes
   3. Mom taught young chimp to blow raspberries!
   4. Reality check on ‘Hunger Games’ tech

An overnight YouTube sensation, the video has racked up more than 2 million views in the past day, and it is only the latest in a series of popular videos tracking Smeets’ progress over the past eight months as he has gradually gotten his Human Bird Wings project off the ground.

Smeets has been described as “a modern Leonardo da Vinci,” and claims to have drawn inspiration from da Vinci’s 500-year-old wing drawings to build his flying machine. Another inspiration, Smeets tells the world, is the albatross, one of nature’s most proficient of flyers.

But is the whole thing fake, a clever advertisement for one of the companies featured in the clip? An expert on viral videos thinks so.

As mentioned prominently in his video descriptions, website and press releases, Smeets’ wings are manipulated using Nintendo Wii remote controllers and accelerometers from an HTC Wildfire S android smartphone, and they’re powered by Turnigy motors. He used a GoPro helmet camera to film his flight.

“I am about 85 percent certain this is a BVMP (branded viral movie production),” said Brent Coker, an Internet marketing expert at the University of Melbourne. Coker put out a theory last year highlighting what it takes for a viral-produced movie to actually go viral, and Human Bird Wings appears to have all the elements of success.

First, the Wii and other products being mentioned are congruent with the supposed lifestyle of Smeets and the other tech-savvy guys on his team. Moreover, the video has strong emotional appeal: At the end, Smeets tells viewers, “At one moment you see the ground moving away, and then suddenly you?re free, a really intense feeling of freedom. The true feeling of flying. A (bleep) magical moment. The best feeling I have felt in my life!”

Third, the video appeals to a wide network of people ? young DIY types as well as anyone who has ever dreamed of flying like a bird. Lastly, it combines two approaches that work well together in viral ad campaigns, according to Coker’s research: In the video, viewers see something extremely surprising, and they’re also likely to imagine themselves being friends with Smeets and his collaborators and sharing their ideals. These four attributes are a recipe for success, Coker said.

So, if it is an ad, who’s behind it? Coker told Life’s Little Mysteries that any of the companies featured could have commissioned the videos, with Nintendo being the most likely. But so far, none is coming forward.

GoPro has been linked to several other viral video advertising stunts, butGoPro spokesman Rick Loughery said his company had nothing to do with it. “We don’t have any connection with the video except that we have been sharing it around the office and think it’s cool,” he said. Nintendo did not respond to requests for comment.