Understanding Probate and Wills in FL

What is probate? Probate is a legal process that moves assets of a deceased person (decedent) out of an estate and into the hands of family or friends. The probate process also ensures that creditors of an estate are paid from the estate assets.

Types of probate

Under Florida law, there are two types of probate:

1. Formal administration: Required whenever the estate of the decedent is valued at more than $75,000, while excluding creditor exempt property such as a homestead exemption. The circuit court requires an accounting of all of the assets and debts of the decedent. As a result of the court’s involvement, formal administration may take longer than other options. However, the beneficiaries of an estate under formal administration are not liable for the debts of the estate. Before any distribution is made, all or substantially all of the creditors will have been paid.
2. Summary administration: Generally available only in cases where the value of the estate is less than $75,000, while excluding creditor exempt property. Additionally, for summary administration to be available, creditors of the estate must agree to the administration or have been fully paid. Because this method is faster, it may seem to be ideal. However, an executor of any estate should consider that any beneficiary who receives assets is liable for any debts that haven’t been paid by the estate and this liability can last for up to 2 years. This means that although the estate may believe it has paid all of the creditors, within 2 years a beneficiary can be asked to pay a debt that the estate missed.
   

A third option of Disposition Without Administration is also available but would not be classified as probate in FL. This option exists where all property of the estate is considered to be exempt and the total value is not more than funeral expenses (capped at $6,000) plus the decedent’s medical bills for his or her last illness.

The final piece to the probate puzzle involves the type of property subject to probate. Property that is solely in the name of the decedent on the date of his or her death will be subject to probate. For example, a bank account that is in only the name of the decedent would be subject to probate. In the alternative, a bank account that is jointly owned by the decedent and someone else, will automatically transfer to that other person without having to go through the probate process. You need a skilled, experienced attorney to handle probate and wills in FL.

Understanding the Difference between a Felony and a Misdemeanor

Laws in this country are set at the federal and state levels and are generally categorized as either felonies or misdemeanors. There are also infractions of the law that are not usually considered crimes, such as speeding, and ordinances against certain behavior set at the local level, such as curfews.

Whether a crime is considered a felony or a misdemeanor depends on the punishment possible for that crime in the state in which it occurred, or at the federal level in the case of crimes such as mail fraud, kidnapping, and counterfeiting.

In most states, misdemeanors are crimes for which the maximum sentence possible is less than a year of jail time. Those crimes for which the minimum sentence possible is imprisonment of a year or more are considered felonies. In states that have the death penalty, all crimes potentially punishable by death are considered felonies.

Most states also allow for some crimes to be processed as either felonies or misdemeanors, depending on the circumstances and any aggravating factors (such as cruelty shown in the commission of a crime). It would be ideal to reach out to a South Carolina trial attorney if you are from the state and need help.

Some key differences
Both misdemeanors and felonies are processed through the court system and allow you due process. That said, there are some key differences:

• If you are charged with a federal felony, your case may first go before a grand jury to determine if the case against you is strong enough to go to trial

• If you are convicted of a misdemeanor, the judge generally delivers the sentence at the conclusion of your trial

• If you are convicted of a felony, you will be sentenced at a separate hearing

• In the case of an appeal, a misdemeanor case will be held before a different appellate court than a felony

Differences in punishment are significant, and include:

• People convicted of misdemeanor crimes generally serve sentences of less than one year and serve them in city, county, or state jails

• People convicted of felonies generally serve sentences of more than one year and are incarcerated in state prisons

In some states, convicted felons can lose certain rights, including:

• The right to possess firearms

• The right to hold a hunting or even fishing license

• The right to vote

Some rights to your privacy, including:

• Requiring that the convicted disclose their status as felons on job applications

• Requiring some felons, such as sex offenders, to register with the state when they leave prison and restricting where they can live (such as not near elementary schools)

• Convicted felons may be subject to harsher punishment on subsequent convictions

In many cases, the legal and judicial systems have broad discretion in the charges they bring against the accused and in sentencing the convicted. If you are ever arrested, it is essential that you obtain a South Carolina criminal attorney as quickly as possible in order to ensure the best outcome possible for your case.

How Has Accident Litigation Changed Over the Years in Queens?

Through the years accident litigation has changed significantly in Queens, New York due to various changes in national, state, and local laws along with shifts in cultural attitudes toward accident litigation. The past few decades have seen personal injury and accident litigation grow from a minor inconsequential area of law into a more common, robust, and intricate one, in part due to the growing number of personal injury and accident lawyers.

Trip and fall changes
A large number of personal injury lawsuits in Queens involve trip and fall accidents from a damaged or faulty sidewalks. For years, victims of these slip and fall accidents saw the opportunity to seek a large compensation for their injury from the city.

In 2003, laws were enacted that made faulty and damaged sidewalks the responsibility of the adjoining property owner instead of the city. This now means that if someone trips and falls on a sidewalk in Queens, the party responsible for the injury is not the city but the property owner. As a result, property owners must maintain their sidewalks and people are unable to bring unnecessary law suits in the hopes of winning large sums of money from the city.

If you have been injured in a trip and fall accident, it would be beneficial to reach out to a injury lawyer in Queens who has experience and knows the area well.

If I know I am innocent, do I need a lawyer?

As you are aware, the United States constitution says innocent until proven guilty. Unfortunately in criminal courts, skilled and experienced prosecution will be able to attack your innocence and make you look guilty until proven otherwise. If they are an effective lawyer, he is going to put you among other defendants behind bars, although they ARE innocent like yourself.

Fact one: Our great legal system is not a perfect system

While the innocent-until-proven-guilty principle at the foundation of our legal system is noble, the legal system itself is not a perfect institution. The fact is that innocent people are sometimes convicted in our country. There are countless stories of individuals who have served their entire prison sentence, or many years of it, before some new piece of evidence (such as improved DNA technology) exonerates them.

Fact two: The defense chair is a hot seat

When you have been accused of a crime and you are in a courtroom, seated in a position of judgment, your very position as the defendant subconsciously influences judges and juries to presume that there must be some legitimate reasons why others have concluded that you should be convicted. Without a skilled criminal defense attorney in Arkansas representing your rights and skillfully presenting a case that supports your claims of innocence, these preconceived notions could lead to a guilty conviction.

It would be ideal to instead get representation for a strong defense

What Not to Do and Say if Approached or Detained by the Police

Dealing with law enforcement officers is not always a negative experience. An officer may approach or detain you in order to assist you, gather facts about a recent crime, or eliminate you as a possible suspect.

Unfortunately, a pleasant conversation can quickly become strained or even dangerous if the police think your statements or actions are questionable. How long the officer detains you may depend on what you say and do.

Some tips for dealing with the police

Los Angeles criminal law attorneys provide tips to protect your rights and avoid making statements that harm your situation. If the police stop you, they may become suspicious or feel in danger if you:

Act uncooperative before you learn the reason the police stopped you
Argue, act, or speak angrily
Fail to mention any weapons you may have on you or in your vehicle
Get out of the car without the officer telling you to
Make any sudden movements
Move your hands out of sight
Threaten the officer

If you have been in a situation like the one mentioned above, it would be ideal to reach out to a criminal defense law firm who knows how to get you the help you need in the time of your distress.

Accident Victims Benefit from Legal Help

If you suffer injuries in an accident and are seeking damages from the negligent party, then chances are you have considered enlisting the help of a lawyer. However, you may be worried about the cost of retaining counsel in your Mississippi accident lawsuit or question whether or not it will ensure victory in your case. For most legal issues, this is cause for legitimate concern, but attorneys typically handle accident cases on a contingency fee basis, meaning you do not pay your lawyer anything unless and until he or she recovers for you.

According to the American Bar Association, you should seek counsel if you are seriously injured in an accident. In most accident settlements, an insurance company will try to undercut the damage amount you seek. This should come as no surprise as it is the job of the insurance company to pay out as little as possible. The less they pay out, the greater their profits. This is where an attorney comes in. Skilled Mississippi accident lawyers can help you achieve a fair settlement.

Save Money on Your Divorce

Here are a few quick tips that can save you money on your divorce if you contracted for an hourly rate.

1. Wait until you have several questions built up before making the call to your divorce lawyer. It will save money to ask multiple questions versus waiting as you get one or two here or there. You should write questions down before you call and be clear what information you would like.

2. Use E-mail whenever possible instead of the phone. Many lawyers do not bill when reading and responding to a simple E-mail questions. Calling your attorney to ask the same question requires more time to handle and interrupts his or her work.

3. Come to meetings and/or mediation prepared. Being organized will take less time, and will allow more to be accomplished at the meeting. Write an agenda down before hand of what you would like to go over is the most efficient way to accomplish your goals.

4. Do NOT fight over times that can be replaced. It does not make sense to spend $1000 to fight over the $25 coffee machine that Aunt Gloria gave you for a wedding present.

5. Be willing to compromise. Agreed divorces cost less money, period. Generally, the more that you are willing to compromise on, the faster your divorce will proceed.

Remember, there is life after divorce and the best revenge you can have is to live well. If you are looking for Long Beach divorce advice, or need help with your divorce lawsuit, contact a divorce attorney near you.