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Probate attorney

At one point or another throughout our lifetime we hear about probate Attorney. If you’re like most people you don’t pay attention until one day you’re faced with the inevitable-you need a probate lawyer.

So what specifically is a probate lawyer? A probate lawyer manages the filing of the last testament or will of a deceased individual.  Sometimes there are some wicked disputes that arise from the disposition of property.  Basically a probate lawyer is an estate or a trust lawyer.

Far too many people do not think about finding a probate lawyer until someone has passed away.  When this happens, then there is a sense of urgency to hire a probate lawyer therefore not allowing time to shop around for the lawyer who will best represent your interests.

Probate lawyers can help you create a last will and testament so that your family members can have some security in the event of your passing away.  They also can assist with trust planning (including living trusts) as well as powers of attorney and medical powers of attorney.  In addition, a probate lawyer can help a person with asset protection and of course the preparing and filing of all documents required by a probate court.

  • Our practice includes services in:
  • Last Will and Testament
  • Deceased Family Member
  • Estate Inheritance

 

Last Will and Testament:

A will is simply a formal way of setting forth your wishes regarding how you would like your property distributed upon your death. You should consider a will whether you are single, married, have minor children, or own even a small amount of personal assets or property. In fact, every adult should have a will or other means to control the disposition of their assets.

If you have not formalized your intentions, your estate may meet with unnecessary and costly litigation, adding to the grief experienced by your survivors. Avoiding the financial and emotional turmoil of will contests and other legal wrangling starts with choosing an experienced estate planning attorney.

Minor Inheritance:

If the value of the property left to the minor is not significant (such as $20,000 or less), then state law may allow an interested adult, such as the minor's grandparent or an aunt or uncle, to request that the minor's inheritance be placed in an account established under the state's Uniform Transfers to Minors Act, or UTMA for short, or Uniform Gifts to Minors Act, or UGMA for short. In addition, some states allow the interested adult to request that property be placed in a 529 account for the benefit of the minor.

If the value of the assets left to the minor are too high to be placed in a UTMA, UGMA or 529 account, or if the laws of the state where the minor lives don't authorize these types of accounts for inherited assets, then a court-supervised guardianship or conservatorship must be established for the benefit of the minor.

If a probate estate has been opened for the deceased person's estate, then the court appointed personal representative or executor will need to file a petition requesting that a guardian or conservator be appointed on behalf of the minor.

If there isn't a probate estate, such as in the case of the minor being named as the beneficiary of a life insurance policy or retirement account, then an intersted adult, such as the minor's grandparent or an aunt or uncle, will need to file the petition.

A judge will then decide who will be appointed as the minor's guardian or conservator after hearing testimony from all interested persons, including the minor if he or she is over a specific age (such as 12 or 13 - this is determined by state law). After being appointed, the guardian or conservator will take over management and control of the minor's inheritance until the minor becomes an adult, which is 18 or 21 as also determined by state law.


Estate inheritance:

Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies. The rules of inheritance differ between societies and have changed over time. In law, an heir is a person who is entitled to receive a share of the decedent's (the person who died) property, subject to the rules of inheritance in the jurisdiction where the decedent died or owned property at the time of death.

In politics members of ruling noble houses may be heirs of a living person, called heirs apparent. In law, however, a person does not become an heir before the death of the decedent, since the exact identity of the persons entitled to inherit is determined only then. There is a further concept of jointly inheriting, pending renunciation by all but one, which is called coparceny.


 


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Today the probate process is a court-supervised process that is designed to sort out the transfer of a person's property at death. Property subject to the probate process is that owned by a person at death, which does not pass to others by designation or ownership (i.e. life insurance policies and "payable on death" bank accounts). A common expression you may have heard is "probating a will." This describes the process by which a person shows the court that the decedent (the person who died) followed all legal formalities in drafting his or her will. What is often taught about the probate process is how to avoid it. The movement to avoid probate is primarily motivated by the desire to avoid probate fees. It is, in fact, quite possible to avoid the probate process completely. There are three primary ways to avoid probate and its protections: joint ownership with the right of survivorship, gifts, and revocable trusts. The probate system, however, exists for the protection of all the parties involved and the focus of this article is what occurs in probate.


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key areas:

    • Last Will and Testament
    • Minor Inheritance
    • Estate Inheritance
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Criminal Attorney

The legal system, of which the criminal lawyers are a crucial part, affects nearly every aspect of our society, and hence our lives. Otherwise known as attorneys, they act as both advocates and counselors. They have a moral duty to hold on to a code of principles, as they possess positions of great power and responsibility. Whatever their role may be, all attorneys apply the law to the circumstances faced by their client, and try to make the best of it. There are certain areas, such as bankruptcy, domestic relations, real estate, probate etc in which lawyers may specialise. Most criminal lawyers prefer private practice. Where criminal law is concerned, the lawyers represent those who have been charged with felonies and argue their cases in courts of law, after researching their cases.

  • Our practice includes services in:
  • D.U.I
  • Breaking and Entering
  • Domestic Violence
  • Violation Of Probation

 

Criminal lawyers are involved in more than just interrogation in the court room. They see to it that the defendant is protected in the future. They are also key figures in the decision as to whether the defendant should plea with the judges, based on the information provided by them on the current situation and also in which way they think the case will turn. The attorneys know many of the things that also come to be known with practice, such as what may convince certain prosecutors, and at the same time are well-versed in significant laws. An attorney spends adequate time pondering over your case and also knows how to take care of witnesses who might try to change their stories over the course of the proceedings of the case.

 

d.u.i:

There are a number of common DUI and DWI law terms that can be helpful to someone who finds themselves arrested for drunk driving. Some of the DUI terms listed here refer to the arrest itself, while others have to do with the legal process that follows. If you need further clarification regarding DUI and DWI law definitions, your DUI attorney can help you better understand the terms that apply to your specific drunk driving case.


Breaking anD EntERING:

Breaking can be either actual, such as by forcing open a door, or constructive, such as by fraud or threats.Breaking does not require that anything be "broken" in terms of physical damage occurring. A person who has permission to enter part of a house, but not another part, commits a breaking and entering when they use any means to enter a room where they are not permitted, so long as the room was not open to enter.


Domestic Violence:


Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence (IPV), is defined as a pattern of abusive behaviors by one partner against another in an intimate relationship such as marriage, dating, family, or cohabitation. Domestic violence, so defined, has many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.Alcohol consumptionand mental illnesscan be co-morbid with abuse, and present additional challenges in eliminating domestic violence. Awareness, perception, definition and documentation of domestic violence differs widely from country to country, and from era to era.


Violation Of Probation:

Violation of Probation is also known as “Vop”. A person is charged with violation of probation by their probationary officer. A violation occurs when an individual whom has been placed on probation as a term/condition of resolving a former criminal case has been charged with a new criminal charge or has violated any term or condition required during the term of probation, i.e. probation officer meetings, failure to meet conditions of probation, or violation of probationary restrictions. When a person is charged with a Vop, they need to appear in Court to defend the Vop as well as the underlying criminal charge, in the event the Vop is as a result of a criminal charge.

In these circumstances, you should retain counsel to defend you against the Vop charge, and any underlying charge that caused the Vop, if applicable. Violating probation can result in maximum sentencing for the charge for which the individual was originally placed on probation if found guilty. The attorneys at K/S have defended countless people in these charges and have been successful in resolving the Vop charge (as well as the underlying criminal charge that resulted in the Vop, where applicable) achieving optimal results, which has included in many cases, no incarceration, and reinstatement into the probationary program the individual violated to provide the client with a “second chance”.

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Finding a good criminal lawyer is no joke, and this task becomes ever more taxing when one is already under the pressure of being accused of a having committed a crime. The first person one must talk to after being taken in by the police is his lawyer and he must also proceed with the interrogation in the presence of the same. Otherwise, whatever he says can be used against him in a court of law. However the immediate job to be done would be getting a criminal lawyer to arrange for the release and provide some information about the case as well as to give a realistic picture of what will come in the future.

Criminal Defense Lawyer. com can be referred to in order to find a suitable criminal lawyer. One can spend some time with the lawyer, which may or may not require a fee, to find out just how compatible they are. One must also be totally open with the criminal lawyer one hires, if one has the ability to do so, or with the criminal lawyer given by the government.

 

 

 

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