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Back PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. HOW WE CAN HELP: Assist with the probate process to ease the burden on your loved ones Speed up the process for you, ensure that it’s done right the first time, and make sure that your application gets approved Navigate restrictions so that you qualify for all of the assistance you need When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets. Probate can go smoothly if funds and wills were created and are accessible, but not all people prepare for it. Probate starts with submitting a last will and testament, if there is one, and then moves onto organizing assets and property into a catalog of inventory. Creditor, attorney, and court fees are paid first. Only then is the estate legally transferred to beneficiaries and heirs. We are here to help you plan to avoid probate or represent you in probate court. PROBATE ASSETS VS. NON-PROBATE ASSETS Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies. We can help you avoid probate by creating a revocable living trust to plan for the management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high-net-worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. PROBATE AVOIDANCE Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filing court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes a public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned. MAKE IT SIMPLE Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused. The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees. We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible. COMMON QUESTIONS HOW CAN I PLAN TO AVOID OR MINIMIZE PROBATE? The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust. WHAT IF THERE IS NO WILL? If a family member dies without leaving a will and there are significant assets or property that you believe you have a claim to, it would be wise to hire an estate administration attorney to protect your interests. If a person dies without a will and has no living family members closer than a first cousin, relatives who believe they have a claim will have to prove so in a kinship hearing. This is a lengthy process requiring multiple hearings, but with experienced attorneys on your team, you will be spared much of the difficulty. DO I NEED AN ATTORNEY FOR PROBATE? It’s recommended because the process is so formalistic, thorough, and complex, and you don’t want to expose yourself to liability. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back PERM Labor Certification The PERM or Program Electronic Review Management System Labor Certification is the first step in the process of applying for employment-based lawful permanent residency (green card). The objective of PERM is to defend U.S. workers and the job market. This means that the process was created to ensure that foreign workers are not filling the positions that could otherwise be filled by qualified U.S. workers. The PERM applicant must submit a comprehensive application to the Department of Labor in order to demonstrate how his/her exceptional skills cannot be duplicated by an available U.S. worker. IS LABOR CERTIFICATION SAME AS PERM? PERM stands for Program Electronic Review Management System Labor Certification. The certificate itself is often called “PERM labor certification” because obtaining a PERM is equivalent to a labor certificate. It’s important to note that the PERM labor certificate is not a visa and it doesn’t guarantee one. Employment-based visas require you to have a PERM labor certificate before you even apply for your visa. PERM immigration is one part of the entire immigration process. Requirements and eligibility In order to qualify to begin the PERM process, the following requirements must first be met: You must have an existing permanent job offer by a U.S. employer The offered wages are required to be equal or above the DOL prevailing wage. DOL will subject this to the specific position. The local job market has been analysed for qualified candidates. This is required to provide evidence that U.S. workers are unable to complete the requirements of the position, meaning that no qualified native workers are available for the position. Supplementary documentation relating to recruiting efforts must be made available if requested. The U.S. employer is obligated to construct and maintain an audit file with additional proof of attempts at recruitment. RECRUITMENT PERM regulations mandate that recruitment steps for both professional and non-professional positions be completed within 6 months of filing the PERM application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. For both professional and non-professional positions, the employer must wait 30 days after the end of the recruitment period before filing the ETA 9089. This is to ensure that any qualified U.S. workers have a reasonable time period in which to respond to your ads or job order. DOCUMENTATION Application process / Green Card PERM CERTIFICATION PROCESS Step 1: Formulate job duties and minimum requirements Establish the crucial details of the job for which the employee is being sponsored The employer must articulate the job requirements based on DOL regulations and realistic business practices Obtain and check the beneficiary’s educational documents and work experience letters Creating PERM piston includes: Job Title Job Duties Work Location Minimum Requirements (Degree, Work Experience, Other) Where (address) to send Resumes Step 2: Request prevailing wage determination (PWD) from DOL Submit an online PWD request to the Department of Labor DOL will determine the prevailing wage for the position in the specified geographic location Prevailing wage will based on the job duties, minimum requirements, and other details PWD sets the minimum wage that the employer must be willing to pay the employee, at the time that the employee becomes a legal permanent resident Step 3: Conduct recruitment Advertisements will be placed to test the labor market This labor market test for PERM purposes must be conducted in conformity with DOL rules: Internal Notice of Filing 2 Sundays in Major Newspaper where permanent position is located 30 days in the State Workforce Agency For Professional Positions choose 3 of the following 10 options: Employer’s website Job Fair Job search website other than the employers. On-campus recruiting. Trade or professional organizations. Private employment firms. Employee referral program with incentives. Campus placement offices. Local and ethnic newspapers. Radio and television advertisements. If an able, willing and qualified US worker applies for the position, we will need to stop the process, wait at least 6 months, and then re-test the labor market, perhaps with modified criteria Step 4: Submit PERM to DOL Prepare and File DOL Form ETA 9089 online. A chance of the case being audited is small: nationally the audit rate is about 25%, but with CBK the rate is less than 5%. GREEN CARD THROUGH PERM ROADMAP Step 5: File I-140 employer's immigrant visa petition with USCIS Employers need to show that the company can pay the employee the prevailing wage. The employee must show that she/he has all of the qualifications for the job. Petition must be submitted with the Labor Certification approval notice, which is only valid for 180 days. Step 6: Wait for priority date to become current Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. Please refer to the visa bulletin for the current information. If the priority date is current when the PERM is approved, we may be able to move to next step immediately and file the I-485 application together with the I-140. Step 7: File I-485 I-485 is a personal green card application filed by the employee named in the I-140 petition and by her/his derivative family members (spouse and children). Adjustment of status application focuses on an employee's personal eligibility to receive a green card. We can request a travel/work authorization card that can be used while I-485 is pending. Step 8: Attend biometrics appointment This will be in the USCIS office closest to your place of residence. Step 9: Prepare for and attend interview with USCIS officer About 12 months after filing the paperwork, we will receive an interview notice. Interview wait time varies greatly among different USCIS field offices. Immigration officer will review the employee's green card application and all underlying immigration files. Employees need to confirm that a job offer is still available, provide all the original civil documents, immigration status documents and previously completed medical exam on form I-693 in a closed envelope. On rare occasions, when a visa number is no longer available, after the successful interview, the I-485 form will be sent to the National Benefits Center. In that scenario, USCIS will approve the green card as soon as a visa number becomes available again. Processing times and Validity Period PROCESSING TIMES With each step discussed above in mind, we can make an estimate on what the processing time will be, however, there are a number of factors that can drastically change the amount of time it will take. VALIDITY PERIOD The validity period for individual permanent labor certifications is 180 days, they will have this time to submit the permanent labor certification in support of a petition with USCIS. USCIS rejects petitions that require an approved permanent labor certification if the permanent labor certification has expired or if the petition is filed without the approved permanent labor certification. USCIS denies a petition that was inadvertently accepted without a required, valid permanent labor certification. As exceptions, USCIS accepts them if the original permanent labor certification was submitted in support of a previously filed petition during the permanent labor certification's validity period. These filings may occur when: There is a successor-in-interest employer change, which requires a new or amended petition; The petitioner wishes to file a new petition subsequent to the denial, revocation, or abandonment of the previously filed petition, and the permanent labor certification was not invalidated due to material misrepresentation or fraud relating to the labor certification application; The petitioner files an amended petition to request a different immigrant visa classification than the classification requested in the previously filed petition; or USCIS or U.S. Department of State (DOS) determines that the previously filed petition has been lost. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back PROTECTED MARKETING AREAS One of the key business issues in any franchise arrangement is how much protection should be given to a particular market. It needs to balance protecting reasonable marketing areas for locals with giving enough room so that franchisers can maximize their penetration, over time. What happens to the Protected Marketing Area upon renewal should be addressed. When discussing the differences between a “territory” and market, it is important for franchisees to be aware that they may get trapped by their unfamiliarity with business terminology. We will help you analyze the important aspects of your franchise agreement and see that it is fair, protective for both franchiser as well as franchisees. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back MEDICAID PLANNING Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. HOW WE CAN HELP YOU: Assist in obtaining government benefits to pay for skilled nursing and in-home care Protect your assets for yourself and your family Navigate through the maze of rules and regulations There are many misconceptions about Medicaid qualification and the “spend down” process. With proper planning, you don’t have to lose everything to a nursing home if you, your spouse, or your parent is in need of long-term care. At Buschkin Law Firm, we understand the difficulties our clients and their families are faced with at the time of a crisis, as well as the level of stress associated with it. Our narrow focus on Elder Law and Estate Planning allows us to develop a solution that alleviates the burden on a client and his or her family. By combining Estate Planning with end-of-life advocacy, our goal is to protect the elderly and disabled, the most vulnerable groups among us. Upon getting to know you and your family, your health care needs, your values, and your preferences, we will work together on developing an estate plan that is right for you and your loved ones. As such, we assist senior citizens and their families on matters related to Medicaid and VA qualifications, guardianships, special needs, and disability planning, and more. When a crisis happens, you need an experienced attorney who you can trust to help you navigate through the convoluted world of wills, trusts and estates, and related government regulations. We will be by your side to plan for the future and protect what is truly important to you. COMMON QUESTIONS WHAT IS MEDICAID PLANNING? Most people know Medicaid as the government medical assistance program for people under a certain income level. Where Medicare pays for doctors, hospitals, and prescriptions, it does not cover long-term nursing homes or in-home care for the elderly. Medicaid is a valuable tool that can be used to pay for a nursing home or in-home care if the person’s countable assets are below a certain amount. DO I NEED TO PLAN FOR MEDICAID NOW? Unfortunately, 2 out of 3 senior citizens will need long-term care at some point. Although no one wants to believe that they will need nursing home care, the reality is that many of us will. If you or a loved one is a senior citizen, it is important to visit an estate planning or elder law attorney who can help walk you through the estate planning process. Because Medicaid considers gifts and other transfers you make (including those made to trusts) within five years of the date you apply for Medicaid, it is important to begin Medicaid planning early, before you and your spouse are actually in need of long-term care. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US