Probate and Settlement of Estate

Is Probate of a Will Necessary?- Read this Probate Lawyer’s Insight!

There are two standard ways in which a person can have their last will and testament prepared, and both of these can be employed in order to prepare probate of wills. In one method, known as the secured method of preparation of a will, the individual who is making the document signs an asset security agreement (ASA). This arrangement does not convey any power of attorney or right to manage the assets in any way, nor does it authorize any one to make decisions on the testator’s behalf. Rather, the individual executing the will must apply for powers of attorney within 60 days after the testator’s death to enable the probate proceedings to commence.

Another method of preparation of the probate of wills is through the non-secure method, which is much more flexible and permits the testator to express more personal preferences regarding the methods of disposition of his or her property. Unlike securing a last will and testament, this method does not require any asset security arrangements, and will most likely be the preferred method of preparation of probate of wills if the testator wants to appoint an agent or attorney. For instance, a will may be prepared that names an individual or corporation to act on the testator’s behalf in the probate proceedings. The individual or corporation would then draw up and sign the instrument, which would be countersigned by the testator.

 

A common example of this is when a person dies intestate (without being under the influence of alcohol) and has no will or trust in place. Intestate probate entails the state performing administrative functions necessary in carrying out the wishes of the deceased, including recording of final wishes and distributing the estate to named beneficiaries. Without express directions from the testator, a probate court may appoint an administrator to administer the estate on the testators’ behalf, thereby allowing the administration to proceed without involving the probate court. However, there are instances when a testator’s last will and testament do not specify who should conduct the administration.

 

A qualified attorney, preferably one with experience in probate matters, will generally fill in the last will and testament of a testator whose death has resulted in probate proceedings. This is usually the case if the testator had no living estate, few assets, and small debts. In these situations, it may be desirable for the testator to have someone appointed in his or her name to handle his or her affairs. This is typically referred to as a “rethra representative” or “rethra officer.” There are a number of states that provide for this position, including Arkansas, Arizona, California, Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.

 

In addition to the use of a probate court to process probate for estates with no probate courts, there are other options available to the estate attorney. He or she may choose to contest the validity of the will, or they may attempt to prevent the distribution of the property to third parties. These actions are referred to as “contempt of court,” and they must be filed with the probate courts within two months of the date of the decedent’s death. Failure to do so can result in the probate courts declaring the document to be Alphareta, GA probate attorneynull and void, thus making the distribution of the estate under the terms set forth in the will irrelevant.

 

The most common situation in which an attorney may use the exercise of a right called “wrinkle” involves contesting the will. A will that contains several express provisions regarding the distribution of the property does not comply with the statutory requirements for intestate distribution and can therefore be considered null and void by the probate courts. The process of challenging a will usually begins with the filing of a notice of contest, followed by a series of meetings with witnesses and other individuals designated to review the will. If the plaintiff is not able to prove that the will is invalid, his or her case will be heard by the same judge who heard the probate case in the hope that a new agreement can be reached, said Alphareta, GA probate attorney.

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Business Law

Tips in Choosing the Best Corporate and Business Law Firm

If you are looking for the best corporate law firm in Chicago, look no further. You have found the one! A top notch legal practice that is located in the heart of Chicago is business law firm Chicago, IL. This firm is ranked as the number one provider of corporate services to corporations and Fortune 500 companies throughout the United States. At the present time, there are many corporate law firms based in Chicago that can help you meet all your corporate legal needs and requirements. It is quite obvious that you will need a corporate attorney when your business starts trading.

When you are looking for a corporate attorney, you must consider some of the important aspects. One of the most important aspects is the corporate identity, which is the symbolization of the goodwill of your company. If this is not maintained properly, then you will lose all your corporate goodwill and that will be an awful situation.

 

In addition to corporate law firm, you can find other corporate legal assistance from various sources. There are plenty of book stores that provide books on corporate identity, corporate formation, and corporate laws. Furthermore, you can find plenty of information online. However, before choosing a corporate law firm in Chicago, you need to choose a reliable one.

 

Now, you might ask – how do I find the best corporate attorney? The answer is simple. Referrals are always the best way to go. Corporate law firms in Chicago that are recommended by corporate attorneys or venture capitalists are almost always safe to deal with and will guarantee the safe transfer of corporate assets and intellectual properties to ensure corporate stability.

 

https://www.chicagobusinessattorneys.net/business-law/Now, if you do not have any corporate referrals, you can try the Internet. Search the search engines and look for the name of the corporate law firm in Chicago. Also check the reviews on the corporate law firm in Chicago and read them. Reviews are usually written by lawyers or corporate executives that have already used the law firm and will be able to give you good insights on the corporate law firm in Chicago.

 

Above all, remember that corporate law is just like any other professional field. You have to check the credentials and the performance record of the corporate attorney. If you want to work with a corporate law firm that has a good reputation and good performance record, then it is worth your time and effort to work with them. Otherwise, you can start looking for an independent corporate attorney to help you out with your corporate legal matters. It will only take you a few minutes of your time and you will surely get value for your money!

 

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Criminal Defense

Role of Criminal Lawyer in Protecting the Rights of the Defendant

Whatever the charge, be it a felony or misdemeanor, or even a more serious offense like murder or rape, a criminal defense attorney is always an important individual to possess. Even if the defendant is ultimately acquitted of the charges, a criminal defense lawyer can still be able to represent him in court, whatever the outcome. This is so because he has the right to speak for his client before a judge or the jury. This is called ‘rights of the accused’ – and these rights give the criminal defense lawyer all the rights that a judge, prosecutor or jury would have had the client pay for if he had been convicted.

Criminal Defense Lawyer

 

It is the right of an accused individual to have a presumption of innocence until proven guilty. This is actually the right that every human being is entitled to. This is the right that each and every one of us have, until we are proven guilty, which is not likely, especially when dealing with the justice system. In our country, the presumption of innocence applies even to persons charged with committing crimes, irrespective of their state of residence or activity, and even for those accused of lesser offenses. This is the reason why there is no such thing as “innocent until proven guilty” in the US justice system.

 

However, the exception to the presumption of innocence applies only during the pretrial stage of a criminal case. This is where the person charged with the crime still has the opportunity to prove his or her innocence, and the prosecution has to prove its negative. This is known as the arraignment.

 

The arraignment, which is the very first hearing in a criminal case, is the time at which a defendant enters a plea of either “not guilty”, “guilty but mentally unfit”, “not guilty but not guilty” or “not guilty”. It is the very first step in a trial and is generally attended by the prosecuting authorities, the accused, their lawyers and other witnesses. It is also the time at which the jury is taken into consideration. If the accused enters a guilty plea, he or she must enter a plea of “not guilty” to the entire felony charge; however, if they choose to go for the “guilty but mentally unfit” option, they must do so only if their mental capacity is below the minimum legal standard.

 

Once the arraignment has been completed, the defendant and the prosecuting authorities will now enter what is called an agreement of facts. This agreement of facts is what will determine if a person will go to trial, be found guilty, be given a formal sentence or be released. In a plea bargain, the prosecutor and the defense attorney will agree on all facts of the case in exchange for the suspect not having to face trial. If a person chooses not to enter a plea bargain, he or she must face the charges for their criminal actions.

When a defendant enters a plea bargain, he or she will not have to go to court, but instead will discuss their case with a public defender. The public defender will explain to the accused why a plea bargain may be a good idea. For example, if a defendant may receive ten years in prison, but thinks that the amount he could receive if found guilty is much lower, the public defender may be able to help arrange a deal where the defendant could serve only five years in prison, with the remainder of the time going towards a rehabilitation program. Even if a person is convicted of a crime that carries the maximum penalty under the law, a criminal defense lawyer can help get the person a reduced sentence through the assistance they give to the accused. Click here for more about hiring the best criminal defense attorney.

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Probate and Settlement of Estate

Application for Probate of Wills- Guide and Steps

Probate is simply the legal procedure utilized to ensure that an individual’s personal property and possessions are properly distributed upon his or her death. In a simple nutshell, the probate process is designed to make certain that debts owed to a deceased individual are properly paid; that someone is in control of distributing the deceased’s estate; and that all terms of the will are fulfilled. Probate can take many different forms and can be handled on either a local or state level. The procedures involved can be simple or complex, depending upon the particular jurisdiction. In most cases, it is handled by a probate lawyer.

Typically, there are three parties that come into play during the probate process. First, there is the decedent; then there is the executor or administrator, and last there is the court. At the very start, the attorney for the deceased party – generally referred to as the ‘affiant’ – will file paperwork with the court that confirms the identity of the deceased person and states that they have power of attorney over their estate. This power of attorney will grant authority for whomever to handle the affairs of the decedent’s property: the executor or administrator, and anyone else whom the attorney feels is qualified to act on behalf of the decedent. Additionally, this form will indicate that the individual’s death has not been officially determined and that the administration has already begun.

 

Once this is completed, the probate court will issue a death certificate naming the deceased as the claimant of their estate and further stating that the administration has begun. This is often followed by a trust deed or living trust indicating that the person’s estate is being administered jointly by both the state and anyone else who has been named as an executor. At this point, it is important to remember that the real estate that is being protected must be protected and not sold until the probate process has been complete and all debts have been paid. The only exception to this rule is if the testator wishes to pay off any outstanding taxes against the deceased’s properties; this can often be accomplished fairly quickly with the help of an attorney.

 

When it comes to actually working with probate lawyers, there are a few things that you should be made aware of. The first thing that you need to know is that most people don’t realize that they can have a say in the way their estates are handled after their deaths. In many cases, the executor may choose to pay out settlements and keep some of the assets for themselves, and sometimes even sell assets that the probate court has ordered up for distribution. If you have questions about how your property will be distributed or if you would like to see any of your inheritance go towards a particular charitable organization, you should discuss this with the probate lawyer you have hired.

 

The next thing to be aware of is that a probate attorney is going to be one of the most knowledgeable people that you will ever meet. While most people never think about this aspect of their loved ones passing, their lawyer will be able to give you invaluable information regarding your options. Many times, this information can save you enormous amounts of time, money, and heartache. Even if you already have a will in place, a probate attorney can make modifications and amendments to it to ensure that everything is legally defined and permitted. It’s also their job to inform you of any debts that are not properly designated to beneficiaries and can impact your ability to receive your inheritance.

 

One other important piece of information to be aware of is that most of the time the probate process is not affected by estate planning options. Many people who create life insurance or other types of financial investment plans do not include probate in their planning because they believe that their estate will be better served through these methods. While probate can be a very involved process, many attorneys do not charge for this type of consultation and can help you through the process as smoothly as possible. If you are looking for ways to protect your assets from the probate process, a financial plan is probably a good idea. However, if you truly want to do everything possible to safeguard your inheritance and ensure that everything happens according to the law, a probate lawyer should be your number one concern.

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Bankruptcy and Financial Management

Bankruptcy- Collection of Debts, Distribution of Properties

The Federal Rules of Bankruptcy Procedure, also called the Bankruptcy Process, are a group of federal procedural rules prescribed by the Supreme Court of the United States pursuant to the Rules Enabling Act. They are basically the same as those found in civil processes, with significant differences. They provide for orderly debt collection and distribution of properties owned by a bankrupt person or company.

 

Because the bankruptcy process is governed by federal rules, most states also have their own variations of local rules for filing bankruptcy. But even within the states, there may be substantial differences in the rules. Therefore, it is a good idea to research the federal bankruptcy process as well as the local rules to see what applies to you, especially if you are not an expert on either the federal rules or the local rules in your state.

 

One of the most common differences is in the authority granted to the trustee. In general, bankruptcy cases are filed in U.S. bankruptcy court. However, some states use the local county process, which is similar to the U.S. bankruptcy process. If you are filing for bankruptcy in a different state, researching the process for the specific jurisdiction is important.

 

Another significant difference between the federal bankruptcy laws and the local ones is in the trustee’s duties. Trustees in most states are prohibited from dealing with debts in any way that does not advance the recovery of the creditors’ principal. This means that a trustee cannot allow a debtor to pay unsecured debts with another lender to avoid payment of the debt owed. A trustee also cannot hold property in trust for debtors who do not intend to repay the debts.

 

One of the other major differences is in the means test of bankruptcy. Under the federal code, debtors need to prove that they are unable to pay the debt. The means test, however, is not limited to the inability to pay. It also means that if an adult child is bankrupt and is able to continue living independently, the parent’s assets will not be subject to bankruptcy proceedings. On the other hand, in the united states test for bankruptcy, an adult child is required to prove that he or she is indigent.

 

One final difference between the federal and local bankruptcy codes is in the reorganization plan provisions. While most states require that a debtor establish an account for managing his or her affairs and providing security for creditors, the federal code does not. Instead, the bankruptcy code provides that a debtor may reorganize his or her debts into one debt with one monthly payment, using a regular repayment amount determined by a bankruptcy judge. Although most creditors support the reorganization plan, the courts often prevent them from limiting certain assets of the debtor.

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