Procedures Applicable in Probate and Settlement of Estate

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills. 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.

 

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.

 

probate lawyerEstate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan, said a probate and estate planning attorney. 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 in Georgia should be available for an initial consultation and/or a free legal consultation.

Domestic Violence Attorneys Protects Clients Against Abusive Relations

Domestic Violence is a terrible crime. The concept is that a person should not hit or abuse their partner in any way shape or form. If you think that you’re being abused by your partner, it’s important that you quickly get an experienced domestic violence attorney involved. If left alone, your issue may get worse and could end up in divorce proceedings.

Domestic Violence Attorney

 

Domestic violence usually occurs when a spouse, family member, or close friend attempts to control the lives of another person. For example, if you have a boss that hits you on a regular basis or if your spouse makes fun of you behind your back because you don’t know what’s going on in his life, that is domestic violence. If your spouse uses physical force against you, that is also very serious. This is known as “domestic assault“.

 

There are many reasons that you need to hire a Seattle domestic violence attorney if you think that your spouse is being abusive. First, if you want to preserve evidence of the abuse, you’ll need an expert to fight your battle. Second, an experienced lawyer will know which laws apply to your particular situation and can use that information to build a strong defense for you. Finally, an attorney can make sure that the best legal options are explored in your case. As an example, if your spouse has a history of depression, your lawyer can obtain a history from the mental health professional that he or she checks into.

 

Once you’ve decided to hire someone to represent you in your domestic violence case, you need to find a good criminal defense attorney to help you. One of the best ways to do this is to ask your friends and family for recommendations. Also, check out the Internet to find some good law offices in Seattle and then schedule an initial meeting with each one. You don’t necessarily have to hire someone right away – it’s important to get to know them before signing on the bottom line.

 

If the allegations are true and the abuse seems severe, your Seattle domestic assault lawyer will argue that the victims have a justifiable reason to file the charges. The court will decide if the case should be tried in criminal court or civil court, with the results determined by the severity of the accusations and the testimony of the witnesses. If there is sufficient evidence to proceed to trial, the accused will be asked to stand before the judge and tell his or her side of the story.

 

In some cases, victims who choose to testify in court may face the wrath of their spouses. This is especially true in cases of physical abuse. For instance, in one recent Seattle case, the wife of the defendant moved out of the house after an episode in which the wife was severely beaten. The couple later got back together but the husband was arrested and charged with battery after he allegedly returned to the house and hit the wife again. A Seattle domestic violence attorney was not involved in the case and did not sign any of the legal documents. The court decided to proceed with the battery charges against the man because the wife’s witness testimony could not be used against him.