ER Legal Blog
Legal guide to all aspects of law and the legal system covering family and business law, personal injury, medical malpractice and criminal law.
Estate Law
Probate is used to disperse property and funds, but a will contest can stop an estate from being awarded until the courts decide the true intentions of the deceased party. Estate planning can be used to avoid these unfortunate events, so use all tax exemptions and clauses to your benefit.
Criminal law - Misdemeanors
Some criminal charges are more severe than others, but ultimately, nearly all charges can lead to terms of imprisonment. Learn what can happen as a result of being charged with a misdemeanor offense and gain the knowledge that you will need to defend your innocence.
Moving Violation Penalties
At some point in life nearly everyone receives a moving violation. The penalties can range from verbal warnings and fines to having your car towed or spending time in jail. The best thing that you can do is to address all moving violation as quickly as possible.
Estate Law
Legally, every person has an estate. Those that have accumulated a reasonable amount of wealth will usually draw up a will so that they can control who is to receive their property and assets upon their death, which is referred to as an inheritance. The US government has placed both federal and state level taxes on all estates, which was just reestablished in 2011 after 10 years of estate tax exemption brought about by the Economic Growth and Tax Relief Reconciliation Act of 2001. Usually, estate taxes are paid by the beneficiary only after going through probate.Individuals that are planning on leaving their estates to family must choose between establishing a living trust and drawing up a will. The main benefit of establishing a trust is that it can be amended without the assistance of a lawyer. Living trusts are legal documents that instruct the beneficiaries on how to manage an estate. Because trusts can be dispersed before death, the taxes are often less than what the beneficiaries of wills must pay.
Living wills usually focus more on the wishes of the testator. This can include instructions that detail what should be done if long-term medical care is needed. A living will is not to be confused with power of attorney. A power of attorney can be issued to be effective until a predefined date or when a party decides that it is no longer necessary.
Probate is an often lengthy legal process that was setup to establish who is to receive the property of the recently deceased party, whether or not a will is in effect. Also, probate is used to find if the last will and testament is valid. During probate, an administrator will be named by the attorney overseeing the process. This administrator can choose to be a part of the process or request that another person be named. If a will was not drawn up or cannot be found then the estate of the deceased party will be distributed to their closest relatives according to the laws of the state that they resided in before death.
The reason that probate often facilitates the need for a lawyer is because all assets, property and documents are not easily found. In order for beneficiaries to receive the contents of safe deposit boxes, bank accounts and to transfer ownership of property, first the will must be legitimized and all deeds and bank certificates must be located. If a particular beneficiary cannot be found then official paperwork must be filed at the local courthouse and a thorough search for their last known address must ensue. Ultimately, the courts will establish a time frame in which the missing beneficiary must be found or else their portion will be dispersed amongst the other beneficiaries or will be forfeited altogether.
15.07.2009. 17:40