General Article

What is a Probate?

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The death of an individual is of course not only significant because of the loss of life, but also because of the actions that will need to be taken in relation to the person’s will; these actions can of course have an effect on various individuals. You may find yourself in a position where you need to apply for a probate. There are various things that must be understood regarding this area. A probate is the right to deal with an individual’s estate when they die: their property, money and possessions.

You will receive a grant of probate if a person left a will. It is usually the executor who applies for the probate. This is somebody in the will or an update of it and they are named to be able to deal with the estate. The deceased individual will normally have told the relevant individual they are an executor. Should it be the case there is more than one executor, a decision must be made by the executors as to who makes the probate application. If you are unable to be an executor or do not wish to be one, a replacement executor may be found in the will.

If it is the case more than one will exists, the recent one will be viewed as the valid one. If the deceased individual did not make a will, you can make an application to be an ‘administrator’ of an estate; the process for this is the same as applying for a probate. It is usually the next of kin able to apply to be an administrator, which may be for example, a civil partner or child.

If you are an executor you may apply for a probate yourself. Another option is to use an individual licensed in providing probate services, or to use a solicitor. In the case there isn’t a will you may make an application for letters of administration.

It is of course important to be able to understand as much as you can regarding the important topic of wills. It is understandable perhaps legal advice may be helpful when it comes to this. If you do need advice on wills solicitors will be of great importance to you. A visit to gov.uk may prove useful for the topic of probates, for example, some may find this link useful to search for a past probate.

Family Court

Can Anyone File a Wrongful Death Claim?

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When someone is killed in an accident through the fault of another, their death often impacts a spouse or partner, children, and other loved ones. For this reason, the law allows those family members to pursue damages via a wrongful death claim. While the money awarded in such a case will be divided up among the deceased person’s beneficiaries, the entire family can’t be named as the plaintiff. Instead, the law allows a personal representative to pursue the case on behalf of the decedent.

This leaves many people questioning who can serve as a personal representative. If the decedent left a will, the court may simply allow the executor of the will to serve as the personal representative. Under other circumstances, a family member who has been financially impacted by the death can serve as the representative. Usually, this means the spouse, minor children, or the parent if the decedent was a minor child. Others may qualify, but it’s a good idea to consult a Boston wrongful death attorney to be sure of your rights in this regard.

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Once a personal representative has been selected, it becomes necessary to show that there is grounds for a wrongful death lawsuit. This is done by showing that the defendant owed a duty of care to the decedent and that they breached that duty of care, either through negligence or a willful act. This means a workplace accident in which an employee was killed, or a criminal assault in which the victim was murdered can both result in wrongful death claims.

The plaintiff in a wrongful death suit must also be able to show that the decedent’s dependents have suffered financial hardships as a result of the death. Damages in this type of case may include the loss of household income, loss of guardianship for children, the cost of funeral and burial expenses, and the costs of medical care incurred prior to the death of the individual. There may be other damages to recover as well, depending on the specific circumstances of your case.

The first step is to consult an attorney. Like any personal injury case, the initial consultation is free of charge and the attorney will work for a contingency fee. This allows you to get the legal representation you need to pursue wrongful death damages. While monetary compensation won’t compare to the loss of your loved one, it will help your family recover from the financial loss.

Immigration Law

Citizenship

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There has never been a more critical time in the recent history of our country to make sure that your citizenship case is in the very best hands. Citizenship is not something that should be approached without an experienced attorney. Whether you currently have a visa, need a visa, or have naturalization issues, now is the time to find and consult the very best citizenship attorney Houston, Texas.

If you were born in the United States then you should be granted citizenship. If you were born elsewhere to parents with US citizenship, then you should be granted citizenship. While the route to citizenship should be easy, navigating the legal aspects aren’t always so cut and dried.

You need a law firm that is going to give you the attention to detail that you need. Most people pursuing citizenship might not speak English as their first language. It is important that when you look for your attorney that their staff is multicultural and bilingual in order to provide you with the best consultation.

Immigration and Naturalization

If you are a foreign citizen seeking US citizenship, then you will need to meet the requirements set forth in the Immigration and Nationality Act (INA). Every year, a certain number of immigrants are allowed to come to the US. This act of Congress established employment-based visas that are categorized by occupation. There is also a student visa for those seeking an education at a US college or university. Finally, there is a temporary protected stats (TPS) visa for immigrants who cannot safely return to their home countries due to war, natural disasters, or other conditions that might be considered to be extraordinary

No matter what your situation is, a visa is an important first step to citizenship. If you are currently in the country illegally, then you need to apply for the visa that best meets your individual or family needs. You need to consult the right attorney who has the vast experience and attention to detail as provided by citizenship attorney Houston, Texas.

Attorney At Law

Your Actions Can HInder or Help Your Auto Accident Claim

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When you’re involved in an auto accident, recovering from the damages the incident caused to your life becomes your primary concern. This often involves consulting and hiring an Auto accident attorney Houston, but obtaining legal representation doesn’t relieve you from your obligations. If you want to reach a favorable outcome, there are certain things you should do to help your case.

Do Get a Medical Evaluation

Putting off a medical evaluation can harm you in more ways than one. First, it can cause any internal injuries to worsen and this may result in long-term or permanent disabilities. Where traumatic head injuries, back injuries, and neck injuries are concerned, it may take time for symptoms to become apparent. Delaying treatment may mean developing conditions that cannot be reversed.

Additionally, delaying a medical evaluation is a tactic some people use to raise the amount they can claim in their personal injury case. This is why laws exist prohibiting this type of strategy. If a judge suspects you of attempting to do this, he may determine that you’re partially responsible for your own damages. This is called contributory negligence and it can result in reducing the amount you can claim by a percentage specified by the court. Alternatively, the judge may dismiss your claim altogether, which means you won’t be able to seek any damages.

Don’t Share Your Story

It’s human nature to talk about the events that affect our lives, especially those events that have the power to monumentally change the future. However, it’s better for you to resist this urge, since the insurance company will be looking for information to use against you. You never know what your friends and co-workers may reveal, either by accident or as a way of intentionally sabotaging your case. Betrayal often comes from those closest to us, so it’s best to refrain from discussing your case at all.

Similarly, any personal injury attorney, such as the professionals at the Simon & O’Rourke Law Firm, P.C. , will likely advise you to stay off social media. The investigators working for the insurance company will find ways to view your social media posts, regardless of your privacy settings. They will be looking for ways to prove that your injuries aren’t as devastating as your claim suggests. They may try to use location check-ins, photos, and your public comments as evidence to discredit you.

These are just a couple of ways that your actions can affect your auto accident claim. Above all, listen to your attorney and follow his recommendations as strictly as possible. Your lawyer has the experience to know how your actions and your words can affect the outcome of your case. Once your case is over, you can return to your life, but, in the meantime, restricting your interactions with others may help you achieve your desired outcome.

Business Law

Get Your Bond Money Back

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When you post bond, you can get your money returned to you. Bail bonds are used to release you from police custody. The courts must return the money in most situations. If you are looking to get your bond money back from the courts, here are a few things you should know.

Bail Release

A bond will release a person from police custody. With a bond release, the defendant makes a guarantee to attend every court date. At the end of the case, the bond money is returned to the payee. Most jurisdictions offer immediate repayment. A federal court may hold your money for an extended time. In fact, you must file a petition with the federal courts to release your bail money. These petitions are used for both federal cash and property bonds. You will never receive the full amount of the bond back from the courts. They often deduct administration fees from your bail money.

Bail Forfeiture

If the defendant fails to appear in court, you may be facing forfeiture of the bond. Bail bonds guarantee that the defendant will show up at the assigned court date. You risk losing 100 percent of the bond by not showing up for your next court appearance.

Bail Violation and Failure to Appear

Most missed court appearances mean that you will forfeit the bail. You can always appeal this decision with the courts. If you had a medical emergency, you must file a petition for a bond reinstatement. These petitions do not guarantee that you will receive your money back from the court system.

Bail Returned from a Bail Bond Agent

If you needed the help of a bond agent, you had to pay a fee for their services. You also had to sign a contract with them as well. When all the conditions of the bond have been met, you can get your money returned from the agent. However, all their administrative fees will not be returned to you.

In most cases, your money will be returned at the conclusion of the case. If you are looking for Wayne County bail bonds, there are plenty of agents that can help you.