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Checking The Probate: Information You Might Find With A Probate Lawyer’s Help

Posted by on 10:48 am in Uncategorized | Comments Off on Checking The Probate: Information You Might Find With A Probate Lawyer’s Help

As an heir who stands to inherit something from your parents’ estate, you may be curious about what you will and will not receive. If your parents choose not to share that information with you while they are still alive, it may be possible to have a probate lawyer check the wills for you. Sometimes the lawyer cannot disclose the details of the will so long as the testator (i.e., the owner/creator of the will) is still alive. You may be able to ask your probate lawyer some less-invasive questions that he or she could answer with a simple “yes” or “no,” but until your parents pass away you may not know much else about your inheritance. Here are a few things you might be able to learn through your lawyer. Is the Will an Open Document on Record? An open document is one that allows just about anybody to read it. It is unlikely that anyone with substantial means, or at least enough means to bequeath it to their heirs, would have an open will on record. However, if your lawyer finds that the will is an open document, you may be able to view a copy of it. Have You Been Removed from the Will or Specifically Excluded/Disinherited? If your parents have threatened to disinherit you and remove you from their will, depending on the laws in your state and whether or not your parents would allow another lawyer to look at their wills, you may be able to find out if they have carried out their threats. Otherwise, your lawyer and your parents’ lawyer(s) cannot disclose if you are excluded or not, at least not until both of your parents have passed away and cannot contest your investigation into the terms of their wills. Can You Find out Ahead of Time How Your Parents Have Divided Their Property and Assets? Since most wills are set up so that final debts owed and funeral costs are paid via the remaining assets of the deceased, it would be nearly impossible to figure out “who gets what” ahead of time. Many parents may share with their adult children about who gets the house, the boat, etc., but financials are entirely different because of the length of life your parents may have and the final bills they leave behind. Additionally, it may not be possible to know how assets are divided since wills can be changed as often as your parents like or feel the need to do so.  If you’re looking for a probate attorney in your area, visit David R Webb...

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3 Important Tips When You Have Been Arrested For A Second DUI

Posted by on 3:15 am in Uncategorized | Comments Off on 3 Important Tips When You Have Been Arrested For A Second DUI

If you have previously been convicted or have plead guilty to a charge of DUI, which is driving under the influence of drugs or alcohol or a similar charge, a second conviction can put you in a very difficult position. For instance, it is fairly common for jail time to be required with a second offense, while your first may have required only probation, fines and other punishments that did not directly threaten your freedom. Therefore, you have a very limited time period in which to make some very important decisions, and it is essential to protect your rights, starting immediately after your arrest. It is also important to note that the time limit from your first arrest or conviction for DUI may impact the outcome for this legal case. #1-Refuse Or Later Question The Field Sobriety Tests The field sobriety tests administered by law enforcement officers are known to be flawed in several ways. For example, recent sources have indicated a failure rate in some field sobriety tests. Many lawyers advise declining the field sobriety tests and only submitting to the more accurate blood tests later. Doing so may limit your driving privileges immediately, but can also help keep you out of jail later on. The benefits may outweigh the risk, as a failed sobriety test can be used against you in court. Regardless, be sure to follow the next guideline. #2-Consult With An Attorney Without Delay It seems obvious that you need a lawyer, especially for serious case like the one you are dealing with. However, legal representation is even more important with a DUI or recurrent DUI, because of the possibility of mandatory jail time. Therefore, do not wait to have a lawyer appointed for you by the state, unless you have no other choice. Your lawyer can address the legality of stopping or arresting you, which could void or limit the charges you are facing, if error or wrongdoing is found. Find a good lawyer and remember that many are willing to work out payment plans, if money is a problem. Otherwise, you could permanently lose your driver’s license within days of the arrest, not the conviction. In addition, if you happen to be on probation for your previous DUI or another charge, a new arrest could void that arrangement; and your legal situation could quickly become even more complicated. #3-Be Aware Of The Sentencing Guidelines For Your State It will also be helpful to remember that the arrest and sentencing guidelines for DUI or similar offenses are not typically federally imposed and instead are determined on a state-by-state basis. That means that each state has the right to determine appropriate punishments for a second offense and choose how long the state can look back on previous offenses when deciding what punishments for secondary DUI offenses will be. Most states expect jail time for a second offense of this nature. In addition, retaining any driving privileges, even for work, can be challenging. An aggressive legal defense is often necessary, in order for individuals charged with this type of offense more than once to retain their...

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Considering A Rent To Own Property Contract? Hire A Real Estate Lawyer First

Posted by on 3:15 am in Uncategorized | Comments Off on Considering A Rent To Own Property Contract? Hire A Real Estate Lawyer First

If you are considering a rent to own contract on a home for sale but you aren’t sure if you understand all of the terms and conditions in the agreement, meet with a real estate lawyer. If you don’t want to pay the commission fees associated with a real estate agent and there is no need to do so, instead you can just pay for a consultation with a lawyer and have the document inspected. Here are a few things you’ll want to talk with the lawyer about, and things you should consider before you agree to purchase the home. Get an Inspection and Appraisal If you have the money, you should get the house inspected and appraised, so you know it’s in good condition and that it’s worth the agreed amount of money you are going to pay the owner over time. You can call a home inspection company to have this done, and you could even have a real estate professional or actual appraiser appraise the house. Look at comparable listings around the property to see what the sale prices are, and compare the square footage and materials throughout the house. What Portion Goes Towards the Purchase? The seller isn’t going to give you all of the rent towards the cost of the home, and they will give you a percentage. They may have to pay for the taxes and other details, depending on what the two of you agree on, and they want to make a profit since they are taking a risk. Talk with your lawyer to see if the percentage of rent going towards the purchase is fair or agreeable. Late Payments and Contract Details Does the document detail what will happen if you have late payments, or what will happen if you fall behind on the lease? It may say that if you are 30 days late the contract is void, meaning you won’t be eligible to own the house for the agreed price, and none of the money you already put down will go towards the purchase.   These are just a few of the things your lawyer is going to go over in the contract, and they may see other flaws or areas that are of concern for you as the buyer. If you want to purchase a home that is rent to own and you feel the house is in your budget, talk with a real estate lawyer like Iannello Anderson to ensure the contract is...

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Mistakes You Might Be Making That May Send Your Loved Ones To Probate Court

Posted by on 4:54 am in Uncategorized | Comments Off on Mistakes You Might Be Making That May Send Your Loved Ones To Probate Court

As you work on estate planning activities, you may start to become aware that your loved ones will have to go to probate court after you pass away. In order to avoid that, you need to make sure your final wishes are as clear as possible. Here are some mistakes you might be making right now that could send your family to probate court in the future. Not Setting Retirement Account to “Pay on Death” You may not realize that your family might need to head to probate court simply because your retirement account remains in your name. That could cause a dispute among family members about who is entitled to that account. An easy way to avoid probate is to set your retirement accounts to “pay on death.” That way, when you die, any money in a retirement account will go to your beneficiaries automatically. This can be a relief to your beneficiaries, as they don’t have to do anything or go to court to ensure they receive those funds.  Not Having Joint Ownership Agreements in Place Do you own a business with someone else? If you do, they might assume that your interests in the business go to them in the event of your death. However, you might have different plans and want your interests in the business to go to your eldest child. This kind of dispute could cause your family to go to probate court. Another problem could occur if you do want your part of the business to go to your business partner, but your family disagrees. To avoid these problems, it is a good idea to formally arrange joint ownership agreements. That way, after your death, your interests in the business will directly go to the person named in the agreement. You can enter into a joint ownership agreement with your business partner or other beneficiaries that you choose. You should also speak to everyone involved so that there is no confusion about what your wishes are. Joint ownership agreements can also be a smart choice when you own a piece of property and want to leave to a specific person. If they own it with you through this kind of agreement now, there will be no need to discuss the issue in probate court. Not Updating All Documents After you’ve completed all the necessary planning to put things in place for your family after you pass away, you might think your work is done. However, your family might still be required to go to probate court because you did not keep your documents updated. Births, marriages and other life events happen and you must ensure that your will, living trust and other documents are frequently updated to reflect your wishes at any given time.  Use the advice laid out above to assist you in planning your estate so that your family stays out of probate court after you pass away. To be more confident, seek out an expert in probate law like George M Cappello,...

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3 Tips To Stay Sane And Support Your Child During A Custody Battle

Posted by on 5:50 pm in Uncategorized | Comments Off on 3 Tips To Stay Sane And Support Your Child During A Custody Battle

If you are going through a divorce, chances are you’ve got a lot on your mind. Regardless of your reason for divorce, things can get much more stressful when it comes to battling for custody of your children. As your custody mediation approaches, it is important to keep your children’s best interests in mind and not let your actions be clouded by your resentment or negative feelings towards your spouse. Listed below are three tips that will help you stay sane and support your child during a custody battle.  1. Don’t Bad Mouth Your Spouse (In Front of Anyone) Bad mouthing: It makes sense why it happens. You’re hurt, you’re angry, you’re stressed. It’s easy to let your feelings get the better of you and let something slip about your spouse. No matter what you’re saying, if it’s about something they did or didn’t do or a characteristic you dislike, in the end it just reflects poorly on you. Children repeat things, and what you said is likely to get back to your spouse. Additionally, bad mouthing your spouse in front of the Guardian ad Litem can make you appear bitter, angry, or unstable, causing him or her to question your parenting skills. 2. Continue (or Start to) Co-Parent If you have children, it is important that you and your spouse stay consistent when it comes to parenting. It might be tempting to try to be the “fun parent”, especially if your time with your children is limited. However, inconsistency in discipline, schedules, etc., will only confuse your child and might contribute to behavior problems, which are already common during divorces. Co-parenting will help your children understand that, even though your and your spouse are divorcing, you both still love them and want your relationships to remain the same.  3. Come to Mediation Prepared Show up to your mediation prepared with a reasonable custody and time-sharing proposal and a calendar that shows important dates, and yours and your children’s schedules. Showing up without a clear idea of what you want, or letting your personal feelings towards your spouse overshadow what is fair and reasonable, will not reflect well on you and your parenting.  You might not get the exact custody agreement you want, but do your best to remain professional and flexible. The main goal in custody mediation is to make the decision that is best for your children. Getting a divorce certainly isn’t easy, but following the tips above will help you keep it together and help your children through this difficult time.  Contact a legal office like Novenstern Fabriani & Gaudio, LLP for more...

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What You Can Expect From Meeting With A Bankruptcy Attorney

Posted by on 10:04 am in Uncategorized | Comments Off on What You Can Expect From Meeting With A Bankruptcy Attorney

Dealing with financial problems is not uncommon. like many people, you may have hit hard times and need help getting free from all of their debts. Luckily, a bankruptcy attorney can be your greatest confidant and protector during troubling financial times. Here are some things you can expect from going through the bankruptcy process with an attorney. 1. First They Will Look At Avoiding Bankruptcy When you first go into an attorney, they will do everything that they can to see if you can avoid claiming bankruptcy. Although bankruptcy is a great option for many people, it is hard for your future and it is important that the creditors aren’t getting shafted in the process. This is why the attorney will first try to negotiate your debts. For example, with the help of an attorney, you might be able to talk to your creditors about getting on a new payment plan. Perhaps they will extend the terms so that you have more time to pay it off. In some cases the attorney can get the interest removed. If an interest rate is too high, like with a credit card, you may not be able to make any progress on your principle because you are only paying interest. An attorney might be able to help you with that. Another possible solution is that you can get the actual amount decreased. Say you owe a certain amount to a creditor. They know that if you declare bankruptcy there is a chance that they will get nothing. So instead, they agree to partial payment. Attorneys know what kind of things to do to try and protect your finances before going through the bankruptcy process. 2. An Attorney Will Help To Decide Which Bankruptcy Option Is Best For You There are a couple different types of bankruptcy. When many people think of bankruptcy they think of chapter 7. This is when the debts are forgiven completely and the person has a fresh start, although their credit will be non-existent, and they will have years with the bankruptcy on their record. However, there are other types such as court structured, chapter 13, and other chapters of bankruptcy that might absolve you from some debts, but not all. The attorney will help you know which option you should apply for with the judge and then go through the entire process with you. If you think that bankruptcy might be the best option for you, you should talk to an attorney about your options. For more information, contact a firm like Smith & Weer...

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2 Things You Should Know About Fraudulent Bail Bonds Agencies

Posted by on 12:47 pm in Uncategorized | Comments Off on 2 Things You Should Know About Fraudulent Bail Bonds Agencies

Regardless of what you get in trouble with the law for, if you land in prison, it can be a frustrating and scary situation to be in, especially if you know you do not have enough money in the bank to post bail. Unfortunately, this uncomfortable state-of-being may lead you to make hasty decisions and let your better judgement fall by the wayside. Even though legitimate bail bonds agencies can be your saving grace in these situations, a fraudulent person acting as a bail bonds agency representative could turn out to be your worst nightmare. There are a few things you should know about these fraudulent individuals before you accept bail bond from a company you have never heard of.   These Scam Artists are Known to Pose as Family Members  Getting the chance to speak to a loved one who can help you make decisions about a bail bond and make the process happen can be very comforting. Unfortunately, scam artists who are looking to take advantage of your vulnerable state know this fact and may even try to act as a family member over the phone. Because a personal contact is necessary when you make an arrangement with a bonding agent, you should make sure that whoever you talk to is actually the person you think. Once you have spoken with a family member who called you in prison, make a follow-up phone call just to double check and never give your personal information to someone who you suspect is not whom they say they are.  Legitimate Bonding agencies Are Well Known If you get a call from someone acting as a bonding agent, the name of their company should be one that you recognize. If you have never had any experience with a bail bonds agency, ask around, either ask prison officials, other inmates, or your attorney. If the company is legit, it is likely that someone will have heard of them on more than one occasion. If a person who calls is stating they are from a well-known bonds agency, have your lawyer make a phone call to make sure that the call you received is actually from the true company.     Legitimate bail bonds agents help people out of sticky situations all the time and they can easily help you out as well. Just make sure that you know exactly who you are dealing with over the phone before accepting an arrangement from anyone. Contact a local outlet, such as A Bail Now Bail Bonds, Inc., for further...

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9 Warning Signs That Mean You Need A Workers’ Compensation Lawyer

Posted by on 9:03 am in Uncategorized | Comments Off on 9 Warning Signs That Mean You Need A Workers’ Compensation Lawyer

When you are injured in the workplace, your employer likely has workers’ compensation insurance which will cover your medical expenses and a portion of your lost wages. In order to ensure that you get properly compensated by workers’ comp, you must must do your part by informing your supervisor about your injury right away and seeking medical attention immediately. Once these two tasks have been taken care of, however, you may become concerned about the manner in which your workers’ compensation case if being handled. You may be wondering if you should seek the help of an attorney to assist you in your claim. Read on for the 9 warning signs that it may be time to consult with a workers’ compensation lawyer. 1.  You have been denied medical benefits and you have resorted to using your own money and insurance benefits to cover your medical treatment as a result of the work-related accident. 2.  Your employer is being uncooperative with your requests for time off to have medical treatments or for recuperation, or your claim is being disputed. 3.  You feel certain that your injury is severe enough that you may never be able to work at your job, or any job, again. 4.  You are not receiving the full benefits that you are entitled to from workers’ compensation; for example, you are being told that you must return to work at least part-time in order to keep your job. 5.  Your injury was severe and resulted in surgery or a long hospital stay. 6.  Your have been advised by your doctor that full recovery from your injuries is unlikely. 7.  Your workers’ compensation claim has been denied by your employer’s insurance or your state’s workers’ compensation board. 8.  You feel overwhelmed with all the paperwork and the entire workers’ compensation process feels confusing and stressful. You feel that you need the assistance of a professional to get fair compensation. 9.  You are afflicted with a mental health condition brought about by your job or you have a repetitive stress injury. These types of injures are more difficult to prove since they are usually the result of cumulative events rather than a specific event. For example, carpel tunnel syndrome can be caused by doing small motor assembly-line work for an extended period of time. Time is not on your side when it comes to workplace injuries. There are strict time-lines associated with workers’ compensation claims, so contacting an attorney, like the ones represented at http://www.ieworkerscompattorney.com, as soon as possible can mean the difference between a fair settlement and nothing at all. If you feel that the workers’ compensation insurance company is not doing enough for you, contact professional legal help...

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Fireworks And Personal Injury | What Every Independence Day Celebrator Should Know

Posted by on 10:17 pm in Uncategorized | Comments Off on Fireworks And Personal Injury | What Every Independence Day Celebrator Should Know

Every fourth of July, people gather in flocks to spend their money on sparkling, whistling, and colorful fireworks that will show off their pride of being a US citizen. Cities across the country host annual fireworks displays for residents and surrounding county residents. If you celebrate Independence Day like most Americans, there is little doubt that you will be dealing with fireworks or in their presence at some point. Even though these amazing creations can be a lot of fun, and even amazing to watch, there are a few things that you should know about fireworks when it comes to personal injury.  If Someone Is Injured On Your Property By Fireworks, You Could Be Held Liable  Fireworks are frequently a staple at backyard barbecues during the holiday, as it can be a special way to end the night with friends and family members. However, if you plan on providing a fireworks show for the attendees at your backyard event, you better make sure all safety precautions are followed to the letter. If a misguided bottle rocket takes aim at an individual or someone gets burned due to a runaway spark, you could actually be sued by an individual. In fact, many insurance companies will frown on at-home fireworks shows with other people because of this. But, some homeowner’s insurance policies actually have additions that will cover firework accidents. However, if it illegal to set off fireworks in your state, this coverage could be void. If you plan to shoot fireworks at your home, keep a safe distance at all times.  If You Buy Fireworks That Are Faulty, You May Have a Personal Injury Claim  When you buy and use fireworks, you already know that you are playing with fire, so to speak. There is always a chance of injury of safety measures are not closely followed. However, if you have problems with fireworks that do not perform as they should and you end up injured because of it, you should definitely speak to a personal injury lawyer, like Daniels Long & Pinsel, about what can be done. For example, if you are traveling home with your just-purchased stash of fireworks and they explode in your car on the way home for no apparent reason, you may be entitled to compensation. This would be an obvious flaw in the manufacturing process that made the product dangerous for consumers.   Fireworks during a Fourth of July celebration are just a natural part of the traditional celebration. However, when things go wrong with fireworks, a happy event can get serious really quick. If you have questions, or you have been injured by fireworks, be sure to talk to a personal injury lawyer about what steps you should take...

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Who Pays The Settlement Money In A Car Accident Lawsuit?

Posted by on 7:11 am in Uncategorized | Comments Off on Who Pays The Settlement Money In A Car Accident Lawsuit?

If you were involved in a car accident and were left with injuries to your body and damages to your car, you have the right to go after the responsible party to collect money for these things. If you do this and win, you may be awarded a large settlement to compensate you for your damages. When this happens, you may wonder who will pay you the money you are entitled to, and the answer will depend on the situation. The Other Party’s Insurance Company In normal car accident cases, the person responsible for the accident will be responsible to pay the damages. This typically means that the responsible party’s car insurance company will pay, but that is assuming the person has insurance. As long as the person had auto insurance at the time of the accident, collecting the money you are owed should not be a problem. It may take negotiating with the insurance company or filing a lawsuit in court, but you should be able to collect the money without any problems. Your Insurance Company On the other hand, if the responsible party did not have insurance at the time of the accident, your auto insurance company might have to pay you for your damages. This is assuming you have insurance and that you have uninsured and underinsured motorist coverage. These are standard types of coverages found on most auto insurance policies, and they are designed to kick in when an accident happens with someone that does not have insurance. The Other Party The downside to collecting money from your own insurance company is that there might be limitations, but there is little you can do if the responsible party did not have insurance. You do have the right to go after the person for the money; however, if the person did not have insurance you may have a hard time getting money from him or her. Because of this, some personal injury attorneys may turn down car accident cases when the responsible party does not have insurance; it can just be too hard to collect the money that they owe. Personal injury attorneys usually receive their fees when their clients receive their settlements. If a client is awarded money but cannot collect it, the attorney would not get paid. If this is the problem you end up with, you could try to get the person’s wages garnished or try to seize assets they have, but there is no guarantee that these methods will work. If you are trying to decide what to do after your car accident, you may want to talk to a personal injury attorney (like those at the The Reed Noble Law Firm PLLC). From there, you can determine what the best route for you would be and hopefully you will be able to collect the money you...

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