Tag: Estate Planning

The Importance of Having a Guardianship Attorney on Your Side

In a perfect world, people would plan ahead to be able to handle their affairs and provide for their family if they become incapacitated. However, many people do not do that and some adults are forced into a situation where they need a guardian to help them. If you are facing this issue with a loved one, having an experienced Chicago Guardianship Attorney by your side is critical to ensure that all legal steps are taken.

Guardianship is an arrangement where the court appoints someone to manage a person’s property, personal needs, or both. The guardian can be a parent, relative, third party nonprofit group or an attorney. In some cases, a guardian can be appointed temporarily to accomplish a specific task, while in others, it is permanent.

If a person does not have a valid Power of Attorney, or their agent is unwilling to serve, the court may need to appoint a guardian for them. In order to do that, a petition for guardianship must be filed with the courts. The requesting party must also provide a medical report from a physician. The court will evaluate the requesting individual’s condition and will determine if a guardianship is necessary.

A family law attorney will help you prepare a petition for a temporary or permanent guardianship, and file it with the appropriate court. The presiding judge will review the case and will ask questions regarding the requesting individual’s condition. The presiding judge will appoint a guardian if they feel the guardianship is necessary.

It is important to note that a guardian is responsible for caring for the ward’s financial and emotional needs, which can be time consuming and emotionally draining. Therefore, the requesting party must be able to clearly demonstrate their willingness to take on this responsibility as honestly and fairly as possible. In most cases, the requesting party will need to answer some questions about their family, work schedule, and finances.

After the guardian has been named, annual reports will need to be submitted to the court detailing their administration of the ward’s estate. If the guardian is unable to fulfill their duties, the court may terminate their guardianship.

A guardianship is an effective legal solution for families that are concerned about their aging or disabled loved ones. If you are facing this issue, it is crucial to consult with an experienced Chicago Guardianship Attorney at your earliest convenience. To learn more about your options, contact Davis & Associates today. We can answer any questions that you may have and make recommendations that will best protect your family members.

What Happens During the Probate Process?- Read to Learn

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills, said Miami’s finest probate lawyer. Wills records prepared by state officials for the testator who dies. In general, will procedures are applicable in all states that use the same testator rules. In addition, probate of wills often involves the involvement of representatives of the decedent’s heirs, including creditors and estate planners.

Probate of Wills

 

In general terms, wills are recorded in duplicate in the county where the testator resided prior to his death and recorded in the same county where the decedent died. However, the probate court in each jurisdiction has its own procedures for recording and executing the same. Some jurisdictions also allow for will exchanges in which one testator signs an instrument with another or states that the testator has fully paid his/her debts to others. It is necessary to record the testator’s name under the appropriate heading as part of the will. While the use of names other than the testator’s, especially in the case of initials or nicknames, is common in many probate jurisdictions, it is not necessary to use legal titles.

 

In legal terms, “testimony” refers to any oral statement, whether oral or written, concerning the testator’s affairs which may be used as evidence at any later stage in the probate of wills proceedings. Testimonials may be based on information learned from others, hearsay and even dreams. While a few states recognize a will as having been executed in state court if there is no probate action, the majority of states recognize a will as a legally binding document and require an oath of the parties to a testator’s act. Generally, a legal representative of the decedent’s estate presents the sworn statement at the testator’s expense to a probate court, whether or not the testator is present.

 

There are also some states that allow the testator or his estate to appoint an agent to control certain aspects of the estate during the administration of the will. Such an agent may have the responsibility for distributing the assets to beneficiaries and for the collection of monies owed to them. This aspect is important in limited liability situations because the testator may be personally liable for the actions of the agent or his estate. This is not the case in all jurisdictions however and is a question that must be considered on a case by case basis.

 

Estate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan. In order to successfully revokes a will, a testator must be in financial difficulty, there must be a substantial uncertainty about the future of the testator’s estate and the testator must be in compliance with applicable estate tax laws. Some jurisdictions refer to a will as a “power of attorney” and others to a “writing of trust.” The term will does not imply that the document itself is invalidated by the federal law, it simply provides for the existence of a prior written document that was not properly executed under the provisions of the law.

If you would like to learn more about Probate of Wills and how it affects the process of wills in the United States or other countries, please contact a qualified lawyer. An experienced estate law attorney can assist in completing your state required documentation and can assist you in discussing your particular probate needs. A qualified probate lawyer should be willing to meet with you and discuss the details of your situation and provide insight into probate matters. An experienced probate lawyer like one from miamiprobateattorneys.net should be available for an initial consultation and/or a free legal consultation.

How to Choose Your Domestic Violence Attorney Wisely?

If you have been a victim of domestic violence in the home, you might be thinking about taking advantage of the help available through a Seattle domestic violence attorney. In particular, you are probably concerned about retaining an attorney who will take your case with minimal expense and fight for the rights of your family. You might be researching lawyers on your own but might not be sure how to go about finding one that is right for you. Here are some tips that can make the process easier.

 

THROUGH THE AGENDA: One of the best ways to find out about a potential domestic violence attorney is to research local law enforcement officials and state law enforcement websites. These sources provide up-to-date information on which advocates are certified by the Washington State Bar Association, which means that they have passed the bar exam. While it is not uncommon for law enforcement to refer clients to an inappropriate professional, it is important to remain skeptical until further investigation has been conducted. Remember, it never hurts to call the police department and ask for their assistance.

 

EXPERIENCE: It is advisable that you seek out a domestic violence lawyer who has experience working with and for victims of domestic violence. Victims frequently have a variety of legal problems to face, including child custody and visitation, divorce, loss of income, insurance coverage, landlord/tenant issues, and other employment-related issues. Your abuser may also be facing criminal charges or civil suits. For these reasons, it can make a big difference if your attorney is a victim herself. In addition, it may be helpful to find an attorney who has worked successfully with and for people in similar situations.

 

ACADEMIC EXPERIENCE: As previously stated, victims of domestic violence in Seattle can benefit greatly from working with an experienced attorney who is familiar with the process. This includes not only specific cases but also crimes such as assault, burglary, sex crimes, battery, domestic violence misdemeanors, felonies, and other such offenses. Obtaining a free consultation will allow you to assess the attorney’s potential ability to fight for you. You should also consider whether your prospective Seattle domestic violence lawyer has filed cases similar to yours-this can provide valuable insight into his/her competency.

 

LEGAL REHABILITY: Victims should take time to research the various aspects of their Seattle attorney karimi & choose someone who is well-educated about domestic violence laws. As in any legal matter, good legal advice and representation are crucial to ensuring a positive outcome. If the prosecutor pursues an aggressive strategy against you, it can make it more difficult for you to mount a credible defense. Moreover, there is often a conflict between what you want as a client and what your defender may ultimately be inclined to do. If the former is unwilling to go the extra mile to protect your interests, you may want to hire a cheaper Seattle domestic violence attorney.

 

RESERVING A GROSS Misdemeanor: If charged with a gross misdemeanor (as defined in Washington DC), like spousal sexual assault, landlord tenant abuse, sexual abuse (for example, celestic assault, sexual harassment), theft, drug abuse, or voyeurism, your Seattle domestic violence attorney might advise you to plead “not guilty” so that the charges would be dropped, in addition to your fines (which can be quite high in themselves). This is referred to as a “contingency” in the law and will allow the prosecutor to avoid having to go forward with a trial so as not to incur too much financial expense. You should carefully consider your reasoning for wanting to plead “not guilty” before consulting an experienced Seattle criminal defense attorney.