Author: Find Apk Blog

Find Probate Lawyer & Attorney Near Me |lawsumo.com

What is Probate Law?

Probate” has a bit of a bad reputation in the world of estate planning. Most of the talk concerning probate is about how to avoid it. Probate is the legal process of administering the estate of a deceased person, resolving all claims against the estate, and distributing the deceased person’s property.

While people often agree that avoiding probate can be a good idea in many cases, it’s helpful to understand the probate process so that you can form the best plan for yourself.

If a person dies with a will, these are sometimes called testamentary probate proceedings. If they died without a will, the person is said to have died intestate.

safe_image.pngThe granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will.

The probate process can include all aspects of estate administration, such as:

1.Proving the validity of a will, if it exists,

2.Choosing an estate administrator, executor, or representative,

3.Totaling all assets both in and out of the estate,

4.Paying all applicable estate taxes and other debts,

5.Identifying all heirs and other relatives,

6.Distributing any remaining assets to the heirs as described in the will or intestacy statutes.

Probate typically begins when the deceased’s representative files a petition along with the death certificate in the probate court. The process generally ends when the court formally closes the estate.

  • Creditors must be notified and legal notices published.
  • Executors of the will must be guided in how and when to distribute assets and how to take creditors’ rights into account.
  • A Petition to appoint a personal representative may need to be filed and letters of administration (often referred to as “letters testamentary”) issued. A Grant of Letters of Administration can be used as proof that the ‘Administrator’ is entitled to handle the assets.
  • Homestead property, which follows its own set of unique rules in states like Florida, must be dealt with separately from other assets. In many common law jurisdictions such as Canada, parts of the US, the UK, Australia and India, the jointly owned property passes automatically to the surviving joint owner separately from any will, unless the equitable title is held as tenants in common.
  • There are time factors involved in filing and objecting to claims against the estate.
  • There may be a lawsuit pending over the decedent’s death or there may have been pending suits that are now continuing. There may be separate procedures required in contentious probate cases.
  • Real estate or other property may need to be sold to effect the correct distribution of assets pursuant to the will or merely to pay debts.
  • Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds.
  • Costs of the administration including ordinary taxation such as income tax on interest and property taxation are deducted from assets in the estate before distribution by the executors of the will.
  • Other assets may simply need to be transferred from the deceased to his or her beneficiaries, such as life insurance. Other assets may have pay on death or transfer on death designations, which avoids probate.
  • The rights of beneficiaries must be respected, in terms of providing proper and adequate notice, making timely distribution of estate assets, and otherwise administering the estate properly and efficiently.

Intestate Proceedings:

When one dies without leaving a will, the probate court is sometimes called upon to distribute the deceased person’s assets according to state laws. Again, these proceedings are often handled much like bankruptcy cases, with priorities being established and untimely and inferior claims being extinguished by court order. Generally, after satisfying certain creditors, spouses are entitled to the largest share of a decedent’s estate, followed by children, then other close family members.

Uniform Probate Code:

In the United States, in order to deal with the often conflicting and contradictory state probate laws, a Uniform Probate Code was suggested. Many states have opted to adopt it, or large portions of it, making the probate process much more uniform between different jurisdictions. However, a few states have not yet adopted its provisions, making it critical to determine which laws may affect the probating of an estate, particularly if there are assets located in multiple states, such as homes.

Questions for Your Attorney

  • As executor, what parts of the probate process can I do on my own, without an attorney’s help?
  • The estate owns property in another state, can you handle the probate process there, or can you recommend someone who can?
  • In his will, my father named my sister and me as co-executors, but she doesn’t want to be involved. Can I do the job without her?

Bankruptcy Lawyers/Attorneys Near Me

Find Bankruptcy Lawyers/Attorneys Near Me

lawyer-ColoradoWhat is Bankruptcy?

Bankruptcy is a court proceeding in which a judge and court trustee examine the assets and liabilities of individuals and businesses who can’t pay their bills and decide whether to discharge those debts so they are no longer legally required to pay them.

Filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

Bankruptcy laws were written to give people whose finances collapsed, a chance to start over. Whether it was bad decision-making or bad luck, lawmakers could see that in a capitalistic economy, consumers and businesses who failed, need a second chance.

The Forms of Bankruptcy

There are six different types of bankruptcy in the U.S. Each form is designed for a specific purpose and has its own advantages and disadvantages. In Chapter 7, for example, most of the debtor’s property is sold off in order to repay creditors. In Chapter 13, on the other hand, the debtor retains his or her property and instead pay off his or her debts according to a repayment plan. Finally, Chapter 11 bankruptcy is typically used by businesses who wish to shed debt and cut costs through reorganization. The type of bankruptcy you file depends on your assets, earning capacity, debt burden, and a number of other factors.

There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code.

  • Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation.
  • Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.
  • Businesses may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize.
  • Chapter 12 provides debt relief to family farmers and fishermen.
  • Bankruptcy filings that involve parties from more than one country are filed under Chapter 15.

Bankruptcy lawyer “musts”

  • Get what you pay for
  • A true bankruptcy ‘expert’
  • Up to date on code changes
  • Don’t get run through a mill
  • Comfortable relationship

Who Declares Bankruptcy

The individuals and business who file for bankruptcy have far more debts than money to cover them and don’t see that changing anytime soon. In 2015, bankruptcy filers owed $113 billion and had assets of $77 billion, most of that being real estate holdings, whose real value is debatable.

What is surprising is that people – not businesses – are the ones most often seeking help. They have taken on financial obligations like a mortgage, auto loan or student loan – or perhaps all three! – and don’t have the income to pay for it. There were 844,495 bankruptcy cases filed in 2015, and 97% of them (819,760) were filed by individuals.

Only 24,375 bankruptcy cases were filed by businesses in 2015.

Most of the people filing bankruptcy were not particularly wealthy. The median income for the 819,760 individuals who filed, was just $34,392 and expenses were just $30,972.

Product Liability lawyer & attorney or law firms near me locations

Finding the Right Defective Products Lawyer or Law Firm by State

Product manufacturers (as well as distributors, wholesalers, and retailers, in some jurisdictions) have a legal obligation to compensate users who are injured by products that are defective or unnecessarily dangerous. This legal concept, known as products liability law, also requires companies to compensate users for any property damage caused by a product defect. If a defective product has injured you or caused property damages, talk to personal injury attorneys or products liability lawyers immediately. You may be entitled to compensation for medical expenses, the cost to repair or replace damaged or destroyed property lost wages and other related expenses. Depending on your state’s laws, you may also be entitled to punitive damages, designed to punish the company for its wrongdoing, particularly if the company’s behavior went beyond simple negligence and was particularly egregious or reckless.

5 step easy to finding Product liability lawyer follows:

  • First login to www.lawsumo.com
  • Select Lawyers by Common Legal Issue Product Liability.
  • Select your popular city, no front in your city then select your state.
  • Then Select your city, see Law Firms List
  • Select reputable Products Liability law firm
  • We provide Locality, Region, Contact, and Free Consultation availability 

Defective Products Cases

Product liability law is a broad case area that contains a number of different types of claims. Our defective product lawyers have experience handling cases dealing with:

  • Defective vehicles
  • Defective guardrails
  • Defective medical devices
  • Dangerous drugs
  • Nicotine poisoning
  • Defective Children’s Products
  • Other defective products (such as defective firearms)
  • Manufacturing, Design, and Marketing Defects
  • Manufacturing defects

These are caused by an error in assembly and are not intended to be part of the product. This type of defect will typically only be found in a small percentage of a company’s manufactured goods. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff needs to prove that the defect allegedly responsible for their injury was present at the time of departure from the factory where the good was produced.

Design defect

A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably dangerous and creates a hazard for potential users. This type of defect will typically be found in all of a company’s manufactured products.

Failure to Warn

A products liability lawsuit can also be brought for a manufacturer’s failure to warn of potential risks. Any party in the chain of distribution can be liable if warnings or instructions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, caused the injury.

Warning Labels

The American National Standards Institute (ANSI), the organization responsible for maintaining rules and regulations for safety symbols and product safety signs and labels, heavily amended their warning label guidelines in 2002. The revised standards endorse signs that are easier to read, offer a more detailed explanation, and illustrate the safety risks with pictures.

Types of Product Liability Lawsuit

Generally, there are three types of product liability cases.

  • Negligence
  • Strict Liability
  • Breach of Warranty

Who Can Be Held Liable for a Defective Product Injury?

  • Manufacturer
  • Retailer
  • Wholesaler

Business Litigation Lawyer & Attorney Nearest me locations

How To Find Business Litigation lawyers or Law firms in your location?

5 steps to finding business litigation lawyers or law firms

  • First login to www.lawsumo.com
  • Select Lawyers by Common Legal Issue Business litigation.
  • Select your popular city, no front in your city then select your state.
  • Then Select your city, see Law Firms List
  • Select reputable Business Litigation law firm
  • We provide Locality, Region, Contact, and Free Consultation availability.

Business litigators may specialize in areas such as intellectual property or corporate structure. Business litigation attorneys primarily advise business clients in a broad range of non-criminal litigation, including issues involving contracts, disputes, liabilities, partnerships, and shareholders. Attorney’s ultimate goal is to advance our clients’ interests. The attorney understands that a client’s business plan, balance sheet, and competitive profile are critical elements for successfully positioning litigation matters from the outset. Attorneys are committed to developing solutions to help our clients solve their toughest problems and Attorney’s approach each new challenge as an urgent business matter to be resolved expeditiously and cost-effectively. Attorneys specialize in work for clients across all industries with respect to disputes including:

  • Antitrust
  • Breach of Contract/Fiduciary Duty
  • Business Torts
  • Partnership Disputes
  • Private Deals/Post-Closing Disputes
  • Bad Faith Litigation
  • Regulatory Investigations and Litigation
  • Privacy & Cyber Security
  • Restrictive Covenant/Trade Secret Litigation
  • Insurance Disputes
  • Bankruptcy Adversary Proceedings

3 Ways a Commercial Litigation Attorney Can Help You:

Protection of business interests – Commercial litigation attorneys are focused on protecting business interests.

Specialization of focus – Commercial litigation attorneys focus on…well…commercial litigation — which means you don’t have to.

Expertise in commercial litigation – Commercial litigation attorneys can help determine whether litigation is the right course of action.

Expungement Lawyers near me |Expungement lawyers locations |lawsumo.com

Find Expungement lawyers near you?

If you have been arrested, investigated, or convicted of a crime, you may be able to use the “expungement” law in the state where the event occurred.  Expungement means to have the record of the event cleared so the general public cannot discover the fact. You may be Discover about the Expungement Lawyers near you and wanted to know Expungement Lawyers address and phone number to consult yours Expungement problems near your location then you are at the right place, to know about specific Expungement Lawyers in your locality or near you, please select your state and city then you can get list of lawyers or law firms for that locations to solve your problems. Expungement Lawyers near you now see here

Am I Required to Disclose Expunged Records?

In most circumstances, you are not required to disclose information on expunged records. The records are isolated from the public and treated as if they do not exist. This means that once you get an expungement, you can legally deny that the criminal matter ever happened. You can even legally deny the matter while under oath and to most employers on job applications.

What Can an Expungement Attorney Do?

An attorney experienced in this area of law can tell you if you meet the state eligibility requirements. Generally, the requirements include:

  • The minimum length of time since the event has passed.
  • You haven’t had any other arrests or convictions since that time, except for minor traffic violations.
  • The criminal proceedings against you were not filed or they were dismissed.
  •  You were acquitted at trial.

You acquitted of a crime, but it’s still on his record. Now you can’t get a job and he can’t find an apartment. A potential employer asked about any criminal charges and so did a potential landlord. The result? You have turned away.

How to find lawyers near you

Lawyers find online near your location Log into www.lawsumo.com, get search by the legal issue, select your state and select your city to see numbers of lawyers and a law firm’s near locations with address and phone numbers, contact lawyers to solve your problems.lawyers give you 100% performance to dismissed your legal issues problems.

A process to find lawyers near you:

  • Login to http://www.lawsumo.com/
  • Search by legal issue
  • Select state
  • Select city
  • To see most popular lawyers near you
  • Contact lawyers

 

Landlord tenant dispute attorney near me | lawyersinfo.net

landlord-tenant-dispute

Landlord tenant dispute lawyers

Landlord tenant dispute lawyers near you, lawyersinfo provide lawyer it easy to landlord tenant lawyer near you. lawyersinfo is helpful in finding the best lawyer in your location for landlord near you. Get great solution at landlord tenant right now. Look lawyersinfo to see the nearest lawyer in your area now. Easily call the lawyer for your problem of near location. Also lawyers provide free consultant, our website provide lawyers information likes address, phone number in your location

lawyersinfo is dedicated to providing you with the ultimate place locator. Find exactly what you’re looking for and maybe something you never thought of.

Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state lawful and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Federal statutory law may be a factor in times of national/regional emergencies and in preventing forms of discrimination.

Lease Agreements

The basic legal parameters of the landlord-tenant relationship are outlined in the lease agreement, which protects the interests or right of both parties. Most states also recognize lease agreements made orally, but only for periods of one year or less. Provisions found in a typical lease agreement include the following:

  • The names of the two parties involved (tenant and landlord)
  • Address and description or identity of rental unit
  • Amount of rent and date by which it must be paid each month
  • Amount of security deposit
  • Whether pets are allowed’

Rights and Responsibilities

In residential leases, landlords must make the premises suitable for basic human habitation. State laws and municipal housing codes specify the applicable housing standards in each jurisdiction. Check the law of your state before withholding rent. The municipality may also subject the landlord to administrative action and fines. A tenant may not be evicted or penalized by a landlord for reporting housing code violations to the authorities. Depending on the state, housing code violations may allow a tenant to withhold rent, make repairs and deduct the amount paid from the rent, or obtain damages from the landlord.

Security Deposits

Tenant paid initially security deposit at a leaving time for landlord. Laws in many states also dictate how soon a landlord must return a tenant’s deposit after moving out, usually 30 days or so. In addition to cleaning and repairs, the landlord may deduct any unpaid rent from the deposit as well. However, the landlord may not deduct for what may be considered normal wear and tear. Many states require landlords to provide a detailed list of damages and repairs, as well as detailed list of the cost of repairs or cleaning.

Tenant Rights

Tenants have certain rights, including the right to be free from discrimination on the basis of race, color, religion, national origin, gender, age, familiar status, and disability also discrimination lawyers find you so click here. Some states also offer anti-discrimination protections on the basis of LGBT identity and marital status find lawyers for protect your right. landlord tenant lawyers free consultation available here

Landlord Rights

Landlords also have certain rights, mainly related to the protection of their income investment. For example, a landlord may require monthly payment of rent and the payment of other items specified in the lease agreement, such as utility bills likes’ water bill, Electricity bill payment etc. Landlords also have the right to evict tenants, but it must be for cause (such as nonpayment of rent).

Find Lawyers Near you by Legal Issues below:

Wills Lawyers in your city, lawyers near me | lawsumo.com

why-hire-durham-lawyer-

Find a Wills Lawyers  in your city

Don’t make the mistake of thinking that only the rich, elderly or those with children need a last will and testament every adult can benefit from an estate plan, including a last will and testament. Wills and probate lawyers can work with you to devise an estate plan that explains how your assets should be distributed after your death. Your lawyers can craft a strategy to reduce estate taxes and help ensure the financial security of your spouse and children. Wills and probate law firms can also guide estate executors through the probate process.

Types of Wills:

A lot of different types of wills are described below. Since states alter in the types of will used; check with a Lawyers to make sure the type of wills you are making is accepted in your state if you are doing your own wills.

Simple Wills

A simple will is one that provides for the outright distribution of assets for an uncomplicated estate. You can buy an easy to fill out form for a simple will from a stationery store, or take one out of a book. Most lawyers put their standard will form into a computer and have a secretary type in the client’s name, the names of the people the client wants his or her property to go to, and other basic information exactly what you can do for yourself when you make your own will with software.

Contested Wills

will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator that the will is otherwise invalid.

Holographic or Handwritten Will

A holographic will is one you prepare in your own handwriting. In some states, no witnesses are required. Holographic wills are recognized in about twenty states.

Lawful Will

A statutory will is a “fill-in-the-blank”, “check the boxes” form that is easy to fill out, inexpensive to prepare, but very limited in its uses. Only a few states accept a statutory will.

Testamentary Trust Will

A testamentary trust will sets up one or more trusts for the distribution of part or all of one’s estate at the time of death.

Pour-Over Will

A pour-over will “pours over” property into a trust when you die. Property left through the will must go through probate before it is placed into the trust.

Spoken Will

An oral will, also called a noncupative will, is spoken, rather than written. Few states recognize this type of will except in emergency situations.

Video Will

A video will is read in front of a video camera by the testator. Generally, a video will supplements a written copy of the will.

Collective Will

A collective will is one that two people make together, each leaving all of their property and assets to the other. A collective will also stipulates how the assets will be distributed when the second person dies.

Self-Proving Will

In some states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. This type of will makes it easy for the court to accept the document as the true will of the person who has died, serving as testimony, and avoids the delay and cost of locating witnesses at the time of probate.

Living Will

A living will bears no relation to a conventional will and is not used to leave property at death. A living will is a document that allows you to state what type of medical treatment you do or do not wish to receive should you be too ill or injured to communicate your wishes. It may also be referred to as an advance directive or a declaration.

Deathbed Will

If you are faced with imminent death, a deathbed will is often written. Though they are drawn up hastily, they are as legally binding as one prepared in advance, but relying on one to distribute your assets is risky since these types of wills are often contested.

When to Consult a Lawyer

You may want to talk to a lawyer if:

  • You have questions about your will or other options for leaving your property.
  • You expect to leave a very large amount of assets and they may be subject to estate tax unless you engage in tax planning.
  • Rather than simply naming people to inherit your property, you want to make more complex plans for example, leaving your house in trust to your spouse until he or she dies and then having it pass to your children from a previous marriage.
  • You are a small business owner and have questions as to the rights of surviving owners or your ownership share.
  • You must make arrangements for long-term care of a beneficiary for example, setting up a trust for an incapacitated or disadvantaged child.
  • You fear someone will contest your will on grounds of fraud, or claim that you were unduly influenced, or weren’t of sound mind when you signed it.
  • You wish to disinherit, or substantially disinherit, your spouse. It’s usually not possible to do this if your spouse objects, but a lawyer can explain your spouse’s rights.

business-law-banner aWho Is Entitled to a Copy of the Will?

Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to view a copy. The same applies to anyone who is listed in the will as a beneficiary. Legal or financial advisers and professionals involved with the estate such as trustees, appointed lawyers, and probate judges or any court officials involved in its filing are also entitled to view the will. Those are the primary parties who may request access to a will, but there are other less groups of people that also have a legal right to view and receive copies of the document.

A Wills Prepared by an Lawyers

If you decide to see a lawyer, your next task will be to find one who is knowledgeable about wills, charges a reasonable fee, and will respect your efforts to make your own will. This may not be easy, but it shouldn’t be impossible. See Find an Excellent Lawyer. Also, some people simply feel more comfortable having a lawyer review their will, even though their situation has no apparent legal complications. A wills prepared by a lawyers is professionally prepared and individually designed for you.