What You Must Know when Hiring a Attorney in Cinco Ranch ?
Divorce is not always easy because there are so many legalities involved in the process. Child custody, property settlements and parental responsibilities are some of the legal issues that come into the picture when getting a divorce. It can be mentally and emotionally taxing and the last thing you want to do is struggle with the process. A divorce lawyer comes in handy during this trying phase of your life. The divorce attorney represents and guides you through the process, making it easier for you to handle. But to enjoy a smooth process, you must find yourself a reliable attorney.
1. Talk to friends and relatives
2. Know what your needs are
3. Do your research
4. Create a budget
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The Legal Benefits of Incorporation And Documentation
There are many attempts these days to avoid litigation. Despite its warts, the American legal system (including the court system) is the best in the world. For not much money in terms of filing fees, one can be heard by an elected judge (in most cases) who is absolutely impartial. If you don't like the result, you can usually appeal. If the decision was wrong, it will usually be reversed. The primary expense of litigation is attorney fees.
Collaborative divorce carries the cost of attorney's fees and not the protection of a court. It urges people to use "joint" accountants and appraisers and be bound by their opinions, even if there are valid grounds for contesting those opinions. The attorneys sign an agreement with their own client and with the other side, (as I understand) promising not to represent the client if negotiations break down and litigation becomes necessary. The usual loyalty an attorney feels for the client is compromised, because even if the client wants that attorney by his/her side, the deal has been struck. In that event, all the time and money spent with the first attorney is lost, and the client is expected to find another attorney, forge a new attorney/client relationship, and basically start all over again.
If you are considering a collaborative divorce, it would serve you well to consult with another attorney and consider the advantages and disadvantages of both approaches in your particular case. Further, don't expect that a collaborative divorce will necessarily be cheaper. Because you will forfeit your attorney if you leave the process, you may become hostage to the process and spend longer there chasing a result you want then you would in proceeding to trial.
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A will can be used, when executed, directs the disposition of your estate at death. The term "Intestacy" deals with state statutes that govern distribution of the property of a person who dies without a valid will or whose will does not completely dispose of his estate. In most states, the rules are the same for real and personal property. Heirs and next of kin are synonymous and describe persons who take either real or personal property by intestacy. Generally, the state where a person lives when death occurs determines the disposition of personal property. The disposition of real property is determined by the law of the state where the real property is located.
Intestacy statutes (or wills) apply only to a decedent's probate estate. This consists of assets that pass by will or inheritance and are subject to administration by the decedent's personal representative, (cash, real estate, and personal items). Non-probate assets pass under contract, (life insurance proceeds, trust assets, etc.). If a will is valid than it rules, but if there was no will or the will was not valid or does not make a complete disposition of the decedent's property, than the intestacy succession statute applies. Again for personal property, remember the law of the decedent's state where they lived governs. For real property, the law of the state where the property is located governs.
The most asked question is, "How should the property be distributed?"
Some general rules are as follows:
1.Spouse usually takes half or a third if there are decedents, if not, all distribution of assets goes to the spouse
2.Children take all if there is no surviving spouse or a smaller amount if there is a surviving spouse.
These rules apply to "separate property". Different rules apply to community property. Keep in mind if your state is a community property state, the spouse already owns on half of all community property. Some states that have community property are:
Revoking a Will:
1. By law- Changes in a will may revoke all or part depending on state law
2. By executing another will, revoking the previous one
3. Physical destruction: tearing up, burning or writing "Cancel across the face of the will.
In most cases a complete, formally executed will do not need other documents or act to administer the to the decedents estate. There are grounds for contesting or challenging a will and usually involve the following:
1. Was the will properly executed?
2. Was it revoked?
3. Did the maker lack the capacity?
4. Was there lack of intent?
5. Was there undue influence, fraud or duress?
A person may contest or challenge a will only if they are interested parties, (direst interest in the estate). There can be a no-contest clause in a will, called an "Interrorem". This provides that any person who contests the will shall forfeit all interest in the estate.
Steps in Administration of the Estate:
1. Opening estate proceedings
2. All proceedings subject to court supervision and control
3. Jurisdiction-State of decedent's death
There are fourteen (14) states that have adopted the Uniform Probate Act: Alaska, Arizona, Colorado, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Pennsylvania, and Utah.
The importance of estate planning is essential to protect yourself and your family. Make sure you consult with the proper person to provide you with all your financial needs in planning your future.