Even If There Is No Will There Can Be Probate

The word ‘probate’ originated from the Latin word ‘provar’ that means to prove. Probate is the process of establishing the authenticity of a will by the court of law. Will is a legal document that explains how a person’s property will be distributed after his/her death. Over the years, probate has taken wider meaning and is administered by the court of law.

The probate courts want to ensure the authenticity, i.e. the will claimed is originally prepared by the decedent without any pressure. It assumes there could be potential challenges to the validity of a will and hence gives proper time to contest for the same. If a decedent owe money to his/her creditors, court provide opportunity to claim for the same and if proven that has to be paid from the mentioned property/properties on the decedent’s will. The probate occurs in appropriate court in the state where the decedent permanently living at the time of death. In some of the states, courts empowered to carry probate process are simply called probate courts. However, some states refer these courts with different names, as in New York it is known as Surrogate court.

There are basically two purposes to have probate courts in the country. One is to transfer the title of decedent’s property to his or her beneficiary. And second is to pay the due taxes, if any.Every will has an executor name whose function is to marshal out the process of probate and to ensure that everything goes in accordance with the will. If the name of executor is not mentioned in the will court can appoint one for the same purpose. And if there is no will court appoints an estate administrator for the purpose.

There is a provision in some states of properties being automatically transferred to the spouse, if any, without the probate process. But the states that do not allow automatic transfer of property requires probate process for the transfer of title, even if there is no valid will.

The Do’s and Don’t of Workplace Injury Claims

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

Finding a Tax Attorney is Easier Than You Think, With These Tips!

In times such as these, it is not uncommon for us to develop tax issues. With such problems arising, it increases the need to hire the services of a tax lawyer. Whichever area of the United States you live in-let’s say, Pennsylvania-you’ll be on the hunt for an attorney. In our example, it might be a Philadelphia tax lawyer.

The first thing you should do is start looking in resources to gather a list of candidates. The Internet is a wonderful place to search, as many professionals keep websites with their portfolio and contact information. Doing a simple search in Google, such as *your state/city* IRS tax attorney will yield plenty of results for you to add to your list.

The main thing is that you sort through the attorneys based on your needs. If you require a criminal tax attorney, you should try to weed through the rest so that you aren’t wasting your time interviewing attorneys who will likely say they can’t help you.

You can also ask around. A member of your family, a friend, or a colleague may have used a specific attorney in the past. Recommendations are helpful. You can easily tell if the potential candidate is a good one.

It is imperative that you meet the attorneys on your list. You may want to begin by calling them on the phone, and that is fine. However, a face to face meeting is always better. You can see how the two of you will get along.

You will also be able to see firsthand how these lawyers answer your questions. To that end, you need to ask a lot of questions. You should not be shy about this.

First of all, you have got to inquire about every lawyer’s qualifications. You want to know what schools they went to and how much experience they have. If any of the lawyers on your list have worked for the IRS, that is a plus. At the very least, the lawyer you ultimately choose should have experience in accounting.

DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

Important Facts About National Impaired Driving Prevention Month

The Purpose of National Impaired Driving Prevention Month

Since December is one the busiest months of the year full of winter holiday celebrations like Christmas and New Year’s Eve, there are a lot more social events and late night get-to-gathers where alcohol is available. Sadly, driving under the influence is quite common during holiday season. Impaired driving puts drivers, passengers, and pedestrians at risk, and each year it claims the lives of thousands of Americans. In December, we observe National Impaired Driving Prevention Month to create more awareness on the issue.

Some Important Facts About This Month

It is reported that every year, around 30 million people drive while intoxicated and around 10 million drivers go behind the wheel after taking illegal drugs.

Nearly 25 people a day were killed in alcohol-impaired driving crashes in 2010. Drinking and driving can be deadly, especially for teens.

Young adults (ages 21-34) are much more likely to die in a car crash after drinking alcohol.

According to the Centers for Disease Control and Prevention (CDC), every day, 28 people in the United States lose their lives in motor vehicle crashes that involve an alcohol-impaired driver.

In 2014, of the 1,070 traffic deaths among children (ages 0-14), nearly 19% involved alcohol-impaired drivers.

Drugs other than alcohol are also a factor for traffic accidents.

Effective Preventive Measures

Prevention starts with our sense of personal responsibility. It is high time that drivers, irrespective of their age, start thinking about how they can practice safe driving and re-evaluate their driving habits.

Conducting school programs and educating teens on how important it is NOT to get in the car with a driver who’s under the influence would be an effective solution.

Electronically monitoring repeat DWI offenders also appears to be effective. Ignition interlocks in cars prevent operation of the vehicle by anyone with a blood alcohol concentration (BAC) above the specified level.

If you come across a possibly drunken driver on the road, immediately contact the police! Your timely action might save someone’s life.

Families play an essential role in putting an end to impaired driving. We should all educate our children about the risks involved in consuming alcohol or illicit drugs and especially how dangerous this is while driving.

If your holiday plans involve drinking liquor, make sure to always plan ahead for a safe ride home.

Every year, a higher volume of vehicles flood the roads. People rush to see their loved ones for the holidays and the odds of getting into a driving accident increase during these periods. While most people are well informed, there are still many other people who are not aware about how this easily avoidable problem could affect their loved ones. It is our personal duty to help people understand how dangerous this habit actually is.

Organize a local awareness campaign to explain the risks involved and how drinking and driving can affect families. Surprise the attendees with customized giveaways. Silicone wristbands are perfect for such campaigns because they are original, durable, long-lasting and inspiring. You can get them in different colors, fonts, sizes and styles. Wristbands carry messages. Choose from “Think and Drive”, “Never Drink and Drive” or come up with something of your own.

Claiming Compensation From a Liability Case

There may be a few instances when it is imperative to hire a Phoenix liability attorney. When many people think of liability they often times refer to their automobiles. Liability insurance is the first thought that pops into their heads. But do you truly know what the term liability is referring to?

The term liability is thrown around a lot, especially with insurance companies, but what liability truly means is that a person can be held accountable for an incident they purposely or accidentally caused. This is a very common situation in car accidents. Say you’re driving along and a car rear-ends you. You get out and find the whole back end of your car is smashed in. The other driver who hit your car is liable for the damages they caused and must be held financially responsible for correcting the damages.

In this article, we’re going to talk about two other types of liability that a Phoenix attorney deals with. These two cases are for product liability and premises liability. Both of these terms are pretty much self explanatory.

Product liability is when certain damages are caused to customers because of a faulty product that they purchased. Such as if someone was to experience electrocution from an electrical item. This particular instance would be considered at fault of the person who manufactures the product, but only if there were no tags to tell the customer that an electrocution was possible by utilizing the product.

Premises liability makes the person who is in charge of that particular piece of land liable for any injuries that may occur. Amusement parks must have this form of liability insurance in the case that one of their rides malfunctions or someone gets seriously hurt while enjoying the activities at the park.

A Phoenix liability claim is a serious allegation, and you should first consult with an experienced attorney to determine if you have a justifiable claim. Don’t miss out on correcting a company or person of their negligence.

Are Your Circumstances Suitable for a Collaborative Divorce?

You may be suitable for a collaborative divorce if you seek:

  1. A dignified approach to handling your divorce
  2. A fair and non-aggressive resolution of issues based on the best interests of the family, not the individual
  3. Guidance, support and advice on legal issues without the threat of fighting in court.
  4. A chance to work through emotions and avoid misunderstandings to arrive at sound decisions
  5. To avoid the cost and emotional strain of court proceedings
  6. To keep your dispute and terms of your settlement confidential

How do I kick start the process?Contact a collaborative divorce lawyer. You must choose a lawyer trained in collaborative family law for the process to be effective. An experienced lawyer knows about the required documentation that can make process hassle free.

What happens when we reach agreement?

After you reach agreement, your lawyer can prepare divorce papers that the court is likely to approve.

What happens if the process breaks down?

You may explore other options such as mediation to avoid from going to court. However, if you do take your case to court, your collaborative lawyer cannot act on your behalf in court proceedings as they have signed an undertaking not to litigate.

What is the difference between the collaborative divorce process and court litigation?

Collaborative divorce is a voluntary process that gives divorcing parties control over the process, including the timetable. On the other hand, the litigation process is controlled by the judge and determined by court dates, and parties must comply with the court’s orders. Divorce Lawyers will facilitate direct negotiations between parties in collaborative divorce, working towards a common goal that is in the best interests of both parties and the family, and parties will be encouraged to consider short- and long-term impacts of their decisions. In litigation, both parties and lawyers are pitted against each other, and parties will bargain based on their own needs and rights. They will not be actively asked to think about the short- and long-term effects of their choices.

As can be seen, collaborative divorce allows the parties, instead of the judge, to make the final decisions. Due to this, however, there is no guaranteed settlement in collaborative divorce. If parties cannot reach a final decision, they will need to proceed with litigation. The process of collaborative divorce is confidential, but if parties enter into litigation, the records of Court proceedings will be publicly available.

Legal Considerations for Raising Capital

NOTE: THIS IS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.

There are numerous legal considerations every entrepreneur must face when starting a new business, and raising startup capital is one that can be fraught with danger. Hiring a qualified securities attorney is not a luxury; it’s a necessity for businesses seeking to raise capital from third parties. Some of the key general considerations are:

o Properly organizing the company as business entity under state law;

o Ensuring the company has issued enough authorized shares of stock of the same type that will be offered to investors;

o Make sure that any existing and potential legal problems are resolved before issuing stock to investors;

o Have an experienced securities attorney examine the federal securities laws, as well as the securities laws of any state in which stock may be offered to prospective investors, to make sure the company and its investment offer complies with those laws;

o Have your attorney explain in writing the potential personal liabilities of the company’s officers and directors if the company violates any federal or state securities laws in raising capital. Potential penalties can be very serious, ranging from civil fines to jail time;

o Make sure that your written investment prospectus contains all required state and federal disclosure language in the appropriate places;

o Your attorney should review the business plan and financial statements for possible untrue and/or misleading statements; and

o Obtain a written opinion from your attorney whether your particular investment opportunity is required to be registered with the appropriate regulatory agencies.

When Do You Need a Medical Malpractice Attorney?

Although it is thoroughly grounded in sciences such as chemistry, anatomy, biology, and more, medicine is still far from an exact science. This is why operating as a medical professional is known as practicing medicine. Still, there is a certain standard of care that has been established over the years that every medical professional is supposed to deliver. If you live in the Phoenix area and feel that your doctor or other healthcare provider has not met this standard of care, you may have need of a Phoenix medical malpractice attorney.

Medical malpractice attorneys are specially trained to examine medical documents and histories to determine if the medical professional was in some way negligent in providing the acceptable standard of care. Sadly, there are times when something goes wrong with a medical procedure and nobody is really to blame. An attorney will be able to tell you if you have a valid claim to a Phoenix medical malpractice lawsuit.

Of course, there are an untold number of cases where the standard of care was not met. In these cases, the attorney will begin working to get you adequate compensation for your pain and suffering or punitive damages in the case of a wrongful death. These cases can often drag out over a period of years before being settled, but a good attorney will hang in there with you until the end and see to it that you get what you deserve as compensation for the medical professional’s negligence.

While bad outcomes do, sometimes, happen and not every case is one of malpractice, a Phoenix attorney will work on your behalf to prove that a medical care provider did not deliver a standard of care that was up to the accepted standards. He/she will work to secure compensation for you for the unnecessary pain and suffering you experience as a result of this failure on the part of a healthcare provider.

Can a Habitual Traffic Offender Seal Their Public Driving Records?

Becoming a habitual traffic violator doesn’t happen overnight. But it also doesn’t happen only to bad drivers. Those who drive often for work, whether all day commuting or long-distance travel, are often faced with time crunches, leading them to drive a little faster than they would if they were not limited by time restrictions and deadlines. Realtors, contractors, salesmen, and more are all common victims of speeding and seatbelt tickets because they are often traveling from one obligation to another.

So whether a product of vocational lack of time, or simply an unmindful driver, 10 traffic offenses in a period of 10 years, with 1 being a major violation (i.e. DUI, reckless driving, driving while suspended, etc.), will eventually suspend you of your driving privileges and mark you as an official habitual traffic violator for at least 5 years.

Sounds harsh, doesn’t it?

But it’s not so bad if you live in a state that allows record sealing and expungement. If you qualify to have your driving records sealed from the public, it can help you get your license back, that job you’ve applied for, that promotion you’ve been working toward, or obtain a professional license that was inaccessible before.

Qualifications vary from state to state, and not all states even offer the option, but the most influential factors are time and severity of offenses. Talk to a criminal record expungement lawyer to see if you are eligible for record sealing in your state. In the meantime, continue reading to learn more about habitual traffic violator driving records and personal privacy.

While Awaiting Eligibility

After you are convicted as a habitual traffic violator, you must remain one for at least 5 years; however, you can petition to get a probationary drivers’ license after only 3 years. In order to qualify for a probationary license, one must have:

  1. Never previously been granted a probationary license as a habitual traffic offender;
  2. Never been guilty of more than 3 unrelated major traffic offenses in one 10-year period;
  3. Never been guilty of a major traffic offense that resulted in bodily harm or death of another;
  4. Never been guilty of violating the habitual traffic offender probation guidelines.

In some cases where the offender is a person who operated a vehicle for the purpose of business, such as a traveling salesmen or delivery person, the waiting period may not apply since their poor driving record may be partly a result of their frequent commuting. It is important to retain the services of an experienced criminal defense attorney to ensure you are receiving due justice in traffic court.