AMANDA LEE MYERS
Associated Press= TEMPE, Ariz. (AP) — An acquaintance concerned about a Phoenix suburban family contacted police, who went to the home of the Butwin family and found "suspicious and concerning" evidence — but not the Butwins — and began treating the case as a murder-suicide.
The family's white Ford Expedition also was gone.
Meanwhile, the Pinal County Sheriff's Office was investigating the discovery of five bodies found burned beyond recognition in a white Ford Expedition in the desert 35 miles south of Phoenix on Saturday morning.
The SUV found burning in the desert was registered to the missing family of five, including three children, police in the Phoenix suburb of Tempe said Tuesday.
The news has left the Butwins' neighbors baffled. Neighbors who talked to The Associated Press said that James and Yafit Butwin were going through a divorce and he was battling a brain tumor.
"From what we know them to be, this is totally unexpected to the point of almost being unbelievable," neighbor Robert Kempton said." We'll choose to remember them in the wonderful, positive light that we knew them."
The Butwin family acquaintance who first called authorities told police on Monday that he was worried about them after receiving a note from James Butwin with instructions on how to operate his construction business without him, Tempe police Sgt. Jeff Glover said.
Investigators went to the Butwin home, but Glover declined to specify what evidence was found. He did say that no murder weapon was found in the home.
Glover said that the Pinal County Sheriff's Office notified them that the SUV in the desert was registered to the Butwin family's home.
He said that although they can't be entirely certain that the Butwins are the same five people found in the burning SUV, investigators are so sure that they're dead that they aren't looking for them and believe there are no outstanding suspects.
Glover said that James and his wife Yafit Butwin were experiencing financial difficulties, and court records show that Yafit filed for divorce in September and that the process was ongoing.
Two of the couple's children were teenagers and one was a pre-teen, but Glover did not have their exact ages.
The five bodies found in the desert have not been positively identified because they were burned so badly beyond recognition, said Gregory Hess, chief medical examiner for Pima County.
He said the bodies could have included older children but not younger ones.
He said the office will have to use dental records to try to confirm the identities of the bodies.
Kempton told The Associated Press that the couple had confided in him about the divorce and James Butwin's brain tumor.
Kempton said that after chemotherapy, the tumor returned and that James was discouraged that treatment wasn't helping him.
Kempton said he and his wife were planning a summer trip to Israel with the Butwins. Yafit Butwin is from Israel.
"I would have thought that they would have worked through this," Kempton said, referring to the divorce. "This is a big shock."
Kempton said he has lived in the well-manicured, upper-middle-class neighborhood for 12 years, and the Butwins moved in a few years afterward.
Kempton said that he thinks the children were a 16-year-old girl, and 14- and 8-year-old boys.
Yafit Butwin's Facebook page shows her last post came on Friday — a picture of James, with the three smiling kids and a caption that reads: "Happy birthday, Jim. I am so proud of my three children:) and they know why."
An attorney for Yafit Butwin, Steven Wolfson, told The Arizona Republic that Yafit Butwin immigrated to the U.S. in the mid-1990s from Israel and married Butwin in New Jersey. He said the couple was still living together during the divorce under a temporary agreement to share the home.
"She was looking forward to starting over, and she loved her children very much," Wolfson said.
Wolfson said that Yafit Butwin never sought an order of protection and said there was no hint of domestic violence problems. "This is out of the blue as far as we're concerned," he said.
Earlier Tuesday, the sheriff's office said they were also investigating the possibility that the burned bodies belonged to five men involved in illegal activities.
Sheriff's spokesman Tim Gaffney said a man who asked to remain anonymous called investigators Saturday and said that his brother-in-law was involved in illegal activity and feared that he could be among the dead. The man said his brother-in-law told him the night before the bodies were found that he was "going to Vekol Valley to make money" with four of his acquaintances.
The man told investigators that when he tried to call his brother-in-law and the other men on their cellphones, the calls all went straight to voicemail.
The men were last seen driving a Ford SUV, but detectives have been unable to talk to the tipster since Sunday.
The sheriff's office declined to answer any questions about the information in the statement or whether they thought one possibility was more likely than another.
Sheriff Paul Babeu said Monday that the location of the smoldering SUV in a known smuggling corridor and the nature of the crime itself had him all but certain that a violent smuggling cartel was responsible.
Babeu said that the burned car likely is the same car that a Border Patrol agent saw four hours earlier Saturday when it was still dark.
The agent saw a stopped white Ford Expedition and became suspicious, but when he approached, the vehicle fled and the agent lost track if the vehicle, Babeu said.
When the sun came up, the same agent saw car tracks in the area leading into the desert and shortly after, found a smoldering white Ford Expedition, Babeu said.
When the agent approached the car, he saw four burned bodies lying down in the back of the vehicle, and one body in the back passenger seat; no one was in the driver's or front passenger's seat.
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Associated Press Writer Whitney Phillips contributed to this report.
Follow Amanda Lee Myers on Twitter at https://twitter.com/(hash)!/AmandaLeeAP
Source: www.guardian.co.uk
Don’t sign those divorce papers without financial advice - Globe and Mail
As anyone who has been through a messy divorce can attest, with goodwill eroding faster than the lawyer bills are stacking up, you just want to get things over with. If that means giving up something you were feverishly holding on to, so be it.
But there are pitfalls to arbitrarily negotiating a deal to trade assets – a private pension for a family home, for example – or to abandon them, without recognizing the future financial implications of that decision, say lawyers, who are now recommending that clients seek advice from a financial planner before the mediation process.
“The law sets out what child support should be, how property and assets should be legally divided,” Ottawa family lawyer Adriana Doyle says. “But the majority of family cases have some component of financial and tax issues that can be complex, challenging and require advice outside of the legal profession. In these situations, the financial adviser is priceless.”
Keith Adams, 42, learned this lesson the hard way. He served his wife divorce papers in 2010. After negotiating privately over the properties and businesses they owned in Calgary, child support for their two teenage daughters and spousal support, the couple found themselves in mediation and arbitration.
“There was no light at the end of my tunnel, the lawyer bills were racking up,” Mr. Adams says. On the recommendation of a friend, he went to an independent financial adviser.
“She showed me a number of different options and explained how capital-gains taxes work on properties that are not the primary residence,” says Mr. Adams, who, as a stay-at-home dad for a number of years, was on the receiving end of spousal support. “She also went through various spousal support scenarios, and showed me the future values of RRSPs.”
Armed with information, Mr. Adams and his wife were able to come to a mutual agreement earlier this year.
“People have a lot more control over the final result when they negotiate the process themselves outside of court,” Ms. Doyle says. “The financial adviser can advise on how to roll over pensions to avoid tax repercussions and help couples understand how to plan for the future with their new income scenario.”
They can also help to level the playing field going into negotiations, says Blair Corkum, a chartered accountant and financial divorce specialist in Charlottetown.
“There is usually one person in the couple that has more education pertaining to finances and that’s the start of the imbalance,” says Mr. Corkum, who has been specializing in divorce financing since 1997. “And it’s a hugely emotional time for people, so they’re often negotiating property without being aware of how it will impact their financial future.”
That was true for Wendy Noble, when she was presented with divorce papers 14 years ago. A stay-at-home mother to four children for more than 20 years, Ms. Noble had been completely reliant on her husband’s income. Although she had always managed the household finances, she admits that she did not have a clue about the value of her husband’s work pension or share options.
“At that time in my life, I had no idea what a financial planner was,” she says. “My lawyer tried to help with the financial stuff, but all the while the bills were adding up. At some point, I just threw my hands up in the air.’ ”
In her mid-40s, Ms. Noble launched a professional career and started her own retirement savings.
“It wasn’t until a few years ago that I sat down with a financial planner,” she says. “Some of the advice confirmed what my gut had told me for years, but it also gave me an entirely new perspective on how to invest the money I had saved for my own retirement. I wish I’d known all this 14 years ago.”
Special to The Globe and Mail––––––
Where things get complicated
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Where things get complicated
Splitting assets during divorce can be relatively straightforward if the couple have no children. There are a few areas where things can get complicated in the absence of professional financial advice.
Splitting assets during divorce can be relatively straightforward if the couple have no children. There are a few areas where things can get complicated in the absence of professional financial advice.
Life insurance
Particularly for those who divorce later in life, policies that are not jointly owned can be cancelled or altered by one party. “The insurance company will only disclose policy information to the owner,” says Wendy Olson-Brodeur, a financial divorce specialist and divorce mediator in Calgary. “Part of the divorce agreement should ensure joint ownership of the policy. Otherwise, if the owner stops paying or removes the wife and children as beneficiaries, they may not know, and a person who’s older may find they are uninsurable.”
Private pensions and work options
While Canada Pension Plan benefits are split evenly under the law and are non-negotiable, private pensions and work options, such as shares, can be more complicated to value.
Real estate
Properties other than the principal residence are subject to capital gains when there is a sale.
Tax
In the case where one spouse pays a lump sum to the other as part of asset division, or where funds are being transferred from registered funds, a financial adviser can help to find appropriate tax shelters for the investments.
Budgeting
“People need to make sure their divorce settlement accounts for both present and future needs,” says Blair Corkum, a financial divorce specialist in Charlottetown.
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By the numbers
41 per cent: The number of marriages in Canada that end in divorce.
33 per cent: The proportion of divorce cases in family law courts.
21 per cent: The number of divorce cases that last more than two years. This figure has risen 6 per cent between 2006 and 2011.
Source: Statistics Canada
Source: www.theglobeandmail.com
BUMGARDNER: Divorce doesn't have to derail your financial security - News-Herald
Divorce is rarely a life event that one plans for, but while many couples live happily ever after, some undoubtedly will go their separate ways. A divorce can be emotionally devastating, but it doesn’t have to derail your long-term financial security. If you’re facing a divorce, consider these steps to protect and claim what’s yours:
•Understand your assets. A divorce can be expensive, especially if you fail to spend the appropriate amount of time reviewing and discussing your finances as you go through the process. Educate yourself by examining investment and bank statements, qualified plan and pension information, tax returns, mortgage information and insurance policies.
Before you can begin to split the assets you’ve accumulated as a couple, you should know your total net worth so that you’ll be able to assess how the divorce will impact your financial goals.
•Consider the big picture. When deciding how to split the nest egg, it helps to look into the future and think about how your lives will look postdivorce. Will you have short-term needs — like buying a home and furniture, new or continued child care costs or paying an attorney — that require immediate funding? Will you be able to replenish your retirement assets if you must use them to pay for these unexpected expenses?
Develop a detailed written financial plan as a soon-to-be single so that you can act in your best interest when deciding which assets will best fit your needs.
•Think about tax consequences. Most retirement plans are made up of pre-tax dollars, meaning your contributions won’t be taxed until you withdraw them. This can be beneficial if you believe your income and tax rate will be lower in retirement — but it also means the amount of cash you’ll be able to use to meet your day-to-day expenses will be less than what you actually withdraw.
Be sure you’re aware of how taxes can affect your retirement income as you divide assets with your former spouse. Trusted financial, tax and legal advisers are especially valuable as you make such important decisions.
•Follow the rules. If you decide that it makes sense to divide funds from you and your former spouse’s 401(k) plans and individual retirement accounts, it’s important to carefully follow state and local guidelines. This process is complicated, so be sure that your divorce settlement states specifically how assets are to be divided and transferred.
Dividing a pension or 401(k) plan might require a qualified domestic relations order, which allows funds to be withdrawn without penalty and deposited into a separate retirement account. Make sure that you discuss preparation of such an instrument with your attorney.
•Update your financial accounts. Once your divorce is final, revise the beneficiaries on your checking and savings accounts, investments, retirement plans and life insurance. Also re-evaluate your insurance policies and confirm that you still have adequate coverage for you and any dependents. Nothing can undermine your financial security faster than an uninsured accident or illness. Once the dust has settled on your divorce, create a new will or update the existing document to reflect your new marital status. Continued...
Source: www.thenewsherald.com
Are you over 50 and considering a divorce? - msnbc.com
According to a study out of Bowling Green University, the divorce rate among adults ages 50 and older doubled in the last 20 years. Sunday morning on TODAY, we'll be taking a look at why marriages among the 50-64 set seem to be particularly vulnerable. We'll be talking to a psychologist and a divorce lawyer about the reasons behind this trend, and the unique challenges divorcees at this age face. We'd love to hear any questions you have for the experts.
Source: today.msnbc.msn.com
Law School Tuition Rises As Salaries Shrink And Other Things To Law Schools Won't Tell You - Huffington Post
10 Things Law Schools Won't Tell You
We reveal why the Juris Doctor isn't what it used to be.
1. "Lawyers are a dime a dozen."
After graduating from California Western School of Law in 2005, Kathryn Tokarska sent dozens of resumes to law firms. Prior to attending law school, she worked at investment firms, so she was hoping to land a job at a securities law firm or another related field that could use her experience. Instead, says Tokarska, the only position she was offered after graduating was a $10 per hour part-time clerkship. Knee deep in debt and unable to find a decent job, she opened her own law office in San Diego in 2008. "I thought if I got a higher degree, I'd have a better chance to get a job, but that's not what happened," she says.
More On SmartMoney.com
Tokarska isn't alone. This year, around 45,000 students are graduating law school -- the highest number ever, according to the American Bar Association. But there are only about 28,000 positions for lawyers that are available, according to Economic Modeling Specialists, a labor market analysis firm. The latest survey data available by the National Association for Law Placement shows that about 88% of law students who graduated in 2010 were employed by February 2011 -- the lowest rate since 1996 and down from a peak of 92% in 2007. And almost a third of the graduates known to be employed were not working in a legal position that required passing the Bar exam.
Meanwhile, big law firms made an average of 22 offers to second-year students for internships this summer, compared to a ten-year peak of 39 in 2007, according to NALP. These positions often lead to permanent jobs after graduation. The number of students firms take on in the summer is largely based on the amount of work firms expect to have going forward, says Judy Collins, research director at NALP. One small piece of good news: The number of offers made is up slightly from the fall 2010 average of 19, according to NALP numbers.
2. "We're being sued by former students."
Since 2011, a total of 15 lawsuits have been filed against law schools, including New York Law School, DePaul University College of Law and Thomas M. Cooley Law School in Auburn Hills, Mich., claiming, among other things, that the schools inflate job placement numbers. Specifically, the lawsuits allege that job placement rates don't specify how many students are actually working as lawyers or other legal positions versus graduates who are employed in fields that don't require a law degree. "Law schools count working at a Starbucks as employed," says Frank Raimond, one of the plaintiffs' lawyers on the case. The lawsuits also allege that schools inflate graduate salary data by basing it on a small group of intentionally-selected students.
The schools named in the suit deny the allegations. James Thelen, general counsel at Thomas M. Cooley Law School, says the institution follows the American Bar Association and NALP's rules when reporting job placement rates, and its web site lists the sectors its graduates have been hired to work in. Separately, he says, colleges can't predict how an economic downturn will impact job openings. "No reasonable person could look at the accurate data we report about graduate employment today and believe that it is a guarantee that the very same percentage of job opportunities will be available when he or she graduates," says Thelen. For its part, DePaul's College of Law says it provides students with a high-quality, legal education and that its career services office is dedicated to helping students find careers that are right for them.
Plaintiffs were dealt a setback in March when the New York State Supreme Court dismissed the lawsuit against New York Law School in Manhattan on the grounds that students are capable of sifting through the job placement data and realizing that not all law school graduates end up with successful careers. Raimond says the plaintiffs have filed their appeal, and will be submitting the brief shortly. "We are very confident the judge's decision will be affirmed," says Michael Volpe, counsel to NYLS. He adds that a law school graduate's success can't be evaluated nine months or even two years after graduation but more like 10 years later. Meanwhile, Raimond and the other plaintiffs' lawyers are preparing to file suit against another 40 schools.
3. "Salaries are shrinking ..."
While public service and government attorneys don't expect to make the big bucks, corporate law positions have traditionally paid some of the highest salaries of any industry. But even these lofty positions aren't recession-proof. Law school students who graduated in 2010 earn $84,111 on average during their first year, down 10% from 2009, according to the most recent available data from NALP.
And fewer graduates are landing six figure jobs. Eighteen percent of 2010 graduates earned $160,000 compared to 25% in each of the previous two years. Nearly half of 2010 graduates made between $40,000 and $65,000, up from about 40% for the prior two classes. In some cases, starting pay is even lower: Last week, Boston-based civil practice law firm Gilbert & O'Bryan posted a full-time associate position that pays $10,000 annually. Larry O'Bryan, a partner with the firm, says it has just two lawyers, hires when it receives extra cases, and that the salary is based on the amount of work billed and collected. So far, he says, the firm has received around 35 applications, mostly from recent law graduates.
In March, an ABA council struck down a proposal requiring schools to report detailed graduate salary data on their web sites. In a statement at the time, the ABA said that "fewer than 45% of law graduates contacted by their law schools report their salaries" and that the council felt that collection of this data is "unreliable and produces distorted information." Some members of Congress had asked the ABA last year to take more steps to prevent law schools from overstating job prospects and salaries. "I am very concerned that the ABA appears to be backing away from its commitment to provide prospective law school students with the critical information they need to make the best decision for their future," said Senator Barbara Boxer in a statement after the council's decision to reject the proposal.
For its part, the ABA council did vote in favor of proposals that would require law schools to disclose more information on their web sites about their admissions data, Bar passage rates and job placement figures. An ABA spokesman says the revised standards are up for review and the council will recommend that the ABA's House of Delegates approve its recommendations at an August meeting.
4. " ... while tuition is soaring"
The slowdown in jobs and salaries hasn't stopped law schools from raising their fees. Tuition has jumped 5% to 10% a year since 2008. The cost of attending a private university averaged $39,184 for the academic year that ended this May, up 21% from the 2007-08 academic year and up 71% from a decade ago, according to the ABA.
Tuition at public schools for in-state students is much less than private schools, but those costs are rising, too: It averaged $22,116 this past year, up 43% from 2007-08 and up 163% from a decade ago. For context, tuition for in-state undergrads at public colleges rose 33% and 119% over the same periods, according to the College Board. It seems prospective law students are taking notice. For the first time since the recession, first-year enrollment in law school has declined, falling 7% in the 2011-12 school year compared to the year before, according to ABA numbers.
No one at the ABA was available to comment on this issue, but in past statements on tuition costs, the organization has said the increases are largely due to a more hands-on approach and more competition between the schools for higher rankings.
5. "You'll be paying off your student loans for years."
When Laurie Jaffee graduated from Benjamin N. Cardozo School of Law in New York in 2001 with $95,000 in student loans, she never imagined she'd be stuck with that debt more than a decade later. But, Jaffee never found a job as an attorney.
Nine out of ten 2012 law school graduates (about 48,000 total) will leave school with student loan debt, according to FinAid.org. That's the highest percentage of any undergraduate or advanced degree programs, says Mark Kantrowitz, publisher of FinAid.org, which tracks student debt. What's more, the projected average debt owed by law school students is now roughly $91,100, up 14% from four years ago.
Law students have few options for debt relief. Employers rarely pay a portion of tuition costs the way they do for, say, MBA students. Federal grants don't exist for law school and scholarships don't reach many students, says Kantrowitz. There's no official data, but Kantrowitz observes that parents often end up footing some of the bill. In fact, some law schools ask applicants as old as 30 to submit their parents' financial statements in addition to their own. "If you don't have a trust fund or parents who can afford to pay, your only choice is to borrow," says Kantrowitz.
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Source: www.huffingtonpost.com
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