Thursday, January 17, 2013

Women Obesity and Pregnancy Complications

According to the Public Affairs Committee there is a correlation between women obesity and pregnancy complications. The report suggests that women having a body mass index (BMI) greater than 30 have, compared to normal weight women, double the risk of having an affected child.

This relation remains unclear because of limited available data. But statistics show that obese and overweight women face during pregnancy an increased risk of gestational diabetes, hypertension and thromboembolic events. At the same time they are more likely to need a cesarean surgery.

In addition, the babes of obese mothers have higher chances to start their life in neonatal intensive care units and have a higher incidence of neural tube troubles.

Because childhood obesity is a major social concern, the Public Affair Committee consider that prevention of this condition must begin with prevention of obesity during the reproductive years. By consequence, the report suggests to avoid obese or overweight conditions during the pregnancy. Because during the pregnancy an adequate nutrition is recommended for women, the weight loss efforts must be made before conception. During the pregnancy women should receive a appropriate education about the right caloric intake and exercise.

The last recommendation of Public Affairs Committee says that all parents should be educated to pay a special attention of breastfeeding and proper childhood nutrition as a protective approach against childhood obesity.

Ademption: When The Property Left In The Will Is Not In The Estate At Death

Ademption defined

Ademption occurs when the property that the Will leaves to someone is not in the decedent's estate when the decedent dies. The bequest is said to adeem, and it lapses.

A brief review of Will provisions that transfer property

The generic term for a Will provision that leaves something to a person is called a bequest. If the property bequeathed is personalty (such as cash, securities, cars, collectibles, jewelry and heirlooms), it is called a legacy and the person receiving it is a legatee. If the property is real estate, it is called a devise and the person receiving it is a devisee. If the Will provision at issue says "I leave the rest, remainder, and residue of my estate to X," it is called a residuary bequest. Here's where it can get tricky: If the Will says "I leave 100 shares of ABC Corp. stock to X," it is considered a general bequest and the beneficiary would receive the date of death value of 100 shares of that particular stock. However, if the possessive "my" is added and the Will says "I leave my 100 shares of ABC Corp. stock," it is considered a specific bequest and the beneficiary would receive the testator's 100 shares of that particular stock if he owned it at the time of death.

By its nature, therefore, ademption applies only to specific bequests (i.e., specific legacies of personal property or specific devises of real property) where identifying the specific asset intended is important - not to general, residuary or demonstrative bequests. This makes sense since it follows that an ademption would be relevant if "the 1964 red Corvette I inherited from my grandfather," or "123 Main Street," are no longer owned by the testator at the time of his death, while ademption would not be relevant to a bequest of $1,000 or "the residue of my estate".

There are two kinds of ademption

Ademption by extinction means the property is not in the testator's estate at the time of death because it was transferred, substantially changed, or destroyed before the testator's death. Let's say your father leaves you his comic book collection in this Will, but after he signs his Will he sells the collection and invests the proceeds in an emu ranch. Upon his death, you get neither the comic book collection nor the emu ranch nor the value of these assets. The bequest would adeem by extinction.

Ademption by satisfaction means that the property is not in the testator's estate because it was already intentionally transferred by the testator to the beneficiary. In our example, if your father gifted you his comic book collection during his life, that bequest would adeem by satisfaction. Ademption need not totally eliminate the bequest - there can even be partial ademption under certain circumstances.

The test for ademption turns on the physical existence of the property, not intent. According to the traditional view of ademption this did not matter; knowledge or intention by the testator was irrelevant. The important question was not whether the testator intended to extinguish a specific gift by disposing of the property, but simply whether the property was part of the estate when the testator died. However the testator's intent is relevant in will construction regarding whether an alternate gift was intended, or whether a bequest was meant to be general disposition rather than a specific fund.

Anti-ademption statutes

Some states have anti-ademption statutes which prevent a bequest from adeeming. For example, New York's Estates, Powers and Trusts Law (EPTL) 3-4.3 provides that property conveyed by Will, if altered but not wholly divested, does not revoke such bequest, but the estate in the property that remains in the testator passes to the beneficiaries. Similarly, Section 3-4.4 provides that a conveyance made by a committee or conservator, during the lifetime of its incompetent or conservatee, of property that had been specifically bequeathed in that individual's will, does not cause the bequest to adeem. EPTL 3-4.5 provides that insurance proceeds paid after the testator's death on property that had been specifically devised are to pass to the intended beneficiary of the property (note that this applies solely to proceeds paid after the testator's death).

In Wisconsin, state law attempts to abolish the common law doctrine of ademption by extinction, by, for example, awarding beneficiaries the balance of the purchase price of the item sold (subject to some limitations). In Virginia, ademption occurs with respect to most forms of property, but if the property at issue is stock certificates where the issuer of the stock has been bought out by another company and that the stocks have been swapped for stock in the new company, the bequest will not adeem. Similarly, if the shares of stock that existed at the time the gift was made have split (for example, where the holder of 500 shares receives a reissue of 1,000 shares each having half the value of the original), then the beneficiary of that bequest will be entitled to the number of shares that exist after the split.

In an Alabama case where the testator devised his real property - including all right, title, and interest in and to real property acquired by inheritance or otherwise from his predeceased wife - to a single individual, and the testator then sold part of the inherited realty and took back a purchase money mortgage, the court held that under the applicable anti-ademption statute, the devisee would receive the outstanding balance on the mortgage. In states lacking an anti-ademption statute, this type of tracing would not occur and the devise would adeem.

Analysis and recommendations

Needless to say, the possibility of ademption can be anticipated when a Will is drafted and appropriate wording used to avoid ambiguities. To avoid confusion and any ambiguity regarding whether something will be adeemed, it is prudent to use the phrase "if owned by me at the time of my death" in the Will when referring to the asset being bequeathed. Similarly, ademption will not occur if a testamentary gift of property is expressed to give the property or any proceeds of its sale, transfer or other form of disposition. On this view, the gift of property would likely extend to the proceeds of the sale of the asset and would almost certainly overcome any possible ademption. The issue could be placed beyond doubt if such a clause were expressed as applying not simply to the proceeds of the sale but also to any insurance, bond, deposit, surety, interest or license that accrues by reason of the sale and investment of the proceeds of the property. If a testamentary gift is expressed in such terms, the beneficiaries would take whatever remains of the proceeds of sale on the death of the testator.

DISCLAIMER: Like other estate planning concepts, ademption is a complex concept with many nuances, exceptions, and complicated rules. Many circumstances can affect the outcome, including fire, theft, or act of a third party, sale by the committee or guardian of an incompetent, and insurance. Consultation with a professional familiar with these concepts is strongly advised.

The General Negativity Around Us and How to Overcome It

Ever wonder why it's so difficult to keep negative thoughts out of your mind for any period of time? You constantly hear think positive, be positive, be happy. But how can you when the odds are so stacked against you? it's a miracle that we can even have a positive thought at all.

Our fight or flight response which is a pre-built in, physiological response to danger use to be good for noticing dangerous animals before they spot you by asking what's wrong with the environment. Now this life or death search for what's wrong makes it so much harder to focus on what's right. This negativity finding is automatic.

Then as children our parents trained us by telling us what not to do. Any departure from this and they laid the boom, down on us. Could that have just been a sign of our individuality? However this further enhanced our negativity by scanning for what not to do.

We turn on the news, and what's the news? Bad News. We pick up the newspaper and what do we read? News of fresh disasters. Commercials warn us of bad breath, body odor, constipation, and being picked on for not wearing fashionable clothes.

The favorite topic though? Gossip. The favorite activity? Complaining. From 4-7 pm, in bars around the nation citizens gather around for a daily meeting of the "isn't-it-awful-club." For the price of a drink, you can tell your days troubles to a stranger-providing you are willing to listen for an equal amount of time to the strangers woes. And for some reason they named it Happy Hour.

Then you have Enthropy which simply means that everything is transforming into something worse. That's right you're getting older. One day you woke up and you realized that you weren't as young as you use to be or you aren't as in demand as you use to be.Time can be harsh if you let it. However there is a solution you have to have purpose and drive and desire to succeed because no matter how bad the cards are stacked against you will come out victorious.

In conclusion, all of your internal and external programming will lead to negative thoughts. No big Deal, because when you have focus and purpose for a goal, you can have positive or negative thoughts along the way (it's a certainty). Just remain focused and determined and your actions and direction will lead you through like a ship in troubled water trying to reach new land. Stay the course no matter what and Victory will be yours.

House Beautiful Magazine - For Latest Home Decor Ideas

A house feels like a home only when you have given it your own, very special touch. Thus, it is very important that you take some steps to make it look beautiful. You can do so in your own special style - you don't have to copy someone else's. The issue with getting interior decorators to do this is that they firstly charge a lot of money, and secondly, it will not be something which you have done by yourself. In order to make a house look like your home, you have to do something by yourself. Each and every part of the house must look like it's a reflection of who you are.

For Beginners

Now it is perfectly understandable if you have no idea how to do this. You can however, get a House beautiful magazine subscription which can tell you what you should do. This magazine contains some of the best tips of home decoration. You can know all about the latest styles, and tips on home decoration so that every part of your home looks decent and well cared for. There are some excellent articles from renowned experts on how to get the right home decor articles, and where you can keep what kind of stuff.

Useful Information

There are also some excellent ideas on how you can use the natural lighting from the windows of your home for much better look. You can read up stuff on Feng Shui, which will tell you how to draw in positive energies from various natural elements into your home. You can also get some exciting discount coupons from various stores, and be the first one to know where the hottest sales are happening in the city. Using all of this, you will find that you are able to furnish your home very well with the best quality materials and furniture, and in a very inexpensive way. It will be great fun, and you can never get enough of this magazine.

Interviews and Much More

With house beautiful magazine, you can also read up the interviews of well known decorators who will give you some great tips on rearranging furniture. Thus, if you are expecting guests, and would like to have a little more space in your home, you could use these tips to realign your furniture which would give you plenty of space to work on. If you love a particular celebrity, you will be very pleased to find that this magazine also covers the way they decorate their homes. You can thus, make your home one of the most respected and admired one in your neighbourhood. People would love to come over, and you would never stop receiving complements from them for your skills of home decoration.

Feel the Fear and Do it Anyway

Just like the successful self-help book written by Susan Jeffers, feeling the fear and doing it anyway is one of the secrets to achieving success in business. In fact, it is one of the key secrets to succeeding in almost anything you ever want to do in Life.

In case you weren't aware of it, you a salesperson. Before you deny this fact till you are blue in the face, let me explain. You are a salesperson if you:

* Promote your own business to others

* Promote the business you work for to others

* Promote yourself to others

Everybody, at any point in time, fits into one of these categories. You are either drumming up sales for your business or one you work for through direct sales or convincing others that the company you work for is a good company. Or you are convincing others about a point of view you might have toward a subject. So, everyday we are all trying to persuade another human in one area of our lives or another.

What does this have to do with fear?

Let's take the act of persuading somebody to make a purchase from you or your company. This can also include trying to get them to agree to a meeting where you have the opportunity to show a new product to them. For the experts - those of us that do this everyday - this may seem like a walk in the park. But for the rest of us, this can be very intimidating, especially if you are new to the job.

So how do you cope with these feelings? To put it simply, feel the fear, and do it anyway.

It is important to acknowledge the Fear as being real. It is unwise to try and pretend that the feelings are not there, because they are. You know it when your stomach does back flips or your palms start sweating. Instead of trying to convince yourself that those feelings don't exist, accept that you are having them, and this is the reason why.

*** The moment you face Fear head on, you destroy the power it has over you ***

Your first step in this process is to acknowledge your feelings as being real, BUT not having control over you.

Often our brain's tendency to fabricate what the other person (client, prospect, friend, etc) will say or do when you present your ideas to them comes next. Will they reject you and slam the door in your face, or slam the phone down in your ear? Will they think that you are wasting their time, and that they wished you had never contacted them?

Truthfully, you might get some people who may think that way, but the reality is, most people are so concerned about what is happening to them and how people think about them, that thoughts about what they will say to you don't enter their minds.

So, instead of giving your brain time to imagine and dwell on these fantasies, raising the level of fear in your mind even more, get moving. And here is the second secret to feeling the fear and doing it anyway.

*** Action destroys the energy of fear, and motivates you into a definite outcome ***

You may have heard the acronym for Fear? FEAR = False Events Appearing Real. The first time I heard that I was listening to a CD by Anthony Robbins. False events = fantasies, or your imagination.

By stepping up and taking action, everything you do begins to destroy these false images, as your actual reality is vastly different to your imagined one. You will find that your offer to help that company, provide them a new product, or to help show your friends a better way of completing a task, will be received with an open mind. Now this does not guarantee the result you want, but it will guarantee a result. They will either accept your offer, want more information, or decline it.

Let's look at these results for a second.

* If they accept, then you have achieved your outcome.

* If they want more information, then you can still achieve your outcome.

* If they decline, then you can move on to the next person to achieve your outcome.

99% of the time they will be respectful and courteous to you, even if they really don't want to hear what you have to say. Not mater what the results though, the imagined events in your head (the Fear), is always ten times worse than the actual events. Now that can be guaranteed.

So next time you start getting nervous about anything you want to ask of someone, be it a sale, a favor or a date, remember this - destroy the fear by taking action. Acknowledge your feelings and decide to change them, not ignore them. One more thing - the people you are talking to have exactly the same fears, and when you truly understand that, then you will know that your actions will help to eradicate their False Events too!

Protect Your Rights With the Aid of Work Injury Lawyers

Suffering from work related injuries is not the best situation to be in. But if you happen to be in this unfortunate situation, you must know that you have to do everything to avail of rightful benefits given to victims of such instances. If in case it could get messy, I strongly suggest that you consult with a good work injury lawyer.

If you suffered from accident at work you are entitled to some benefits from your employer. Make sure the employer is adequately informed of the situation and aware of his responsibilities towards you. This way, you will be well compensated accordingly. Also, safety measures can also be implemented to prevent any accidents in the future.

Effects of the injury could vary. In some cases, it might only be a bit of pain which can easily be remedied. While in other cases, it can be a serious and permanent injury like disfigurement In which case, you have to ensure that the employer will shoulder his due responsibilities.

Damage could not only pertain to physical injuries. It could also be damage to personal effects like jewelries or anything of value that was destroyed due to the accident. In this instance, the value of this should also be taken into consideration.

Aside from this, trauma could also ensue after the accident. Social and work life could also be affected. That's why in dealing with work injury situations, it is always best to consult a lawyer who knows of your rights and who has the expertise to defend it if it comes to that point.


Twitter Facebook Flickr RSS



Français Deutsch Italiano Português
Español 日本語 한국의 中国简体。