Tag: Estate Planning

JunJune 11, 2023 11June 11, 2023 2023June 11, 2023

Protect Your Rights With a Guardianship AttorneyProtect Your Rights With a Guardianship Attorney

 

When an elderly or disabled family member becomes incapacitated, it is often important for someone else to step in and take on the responsibility. While Power of Attorney forms can be used for these purposes, in some cases, a legal guardianship may be necessary. If you have questions about a guardianship, it is important to seek the advice of an experienced Chicago Guardianship Attorney in IL.

The legal process for becoming a guardian of an adult is initiated by filing a petition with the court that includes basic personal information and a report on the person whose condition you are seeking to become a guardian for. The court may also appoint a guardian ad litem or other special investigator to examine the individual and prepare a report to be presented at the hearing. The respondent, who is the individual for whom you are seeking guardianship, must be personally served with summons and a copy of the petition. The hearing will usually be held within 30 days after the service. A lawyer should be retained to file the petition and provide representation at the hearing, especially if the case is contested.

Our firm has extensive experience in representing individuals requiring or wishing to obtain a guardianship of a minor or an adult. We frequently handle a variety of these cases, including situations in which the parents are deceased or unable to care for their children due to incarceration, drug addiction, physical disabilities or mental illness. Our attorneys can assist you with preparing the appropriate documents and submitting them to the court, in addition to advising on your best course of action for guardianship.

Guardianship of a child is normally granted to one of the biological parents or to a close relative, such as a sibling or aunt or uncle. In cases where a parent is not capable of providing care for their child, or where the parents do not agree on how they want their child to be raised, a legal guardianship is possible. It is often wise for parents to consider this in advance of the child reaching adulthood.

Guardians of adults are typically limited in scope and duration to ensure the ward is not taken advantage of, for example, when it comes to making financial decisions. In some instances, a guardian’s authority may be revoked if they have committed certain crimes or are not able to meet their basic needs.

A legal guardianship can help a family member or friend manage the day-to-day responsibilities of an individual and make healthcare or financial decisions on their behalf. In the event that an individual is unable to make their own decisions, they can be declared incompetent by a judge in a guardianship proceeding. Our firm can advise you on alternative methods for taking care of your loved ones, such as establishing a special needs trust in which they can receive adequate funds to ensure a high quality of life without putting medical and other benefits at risk.

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FebFebruary 18, 2021 18February 18, 2021 2021February 18, 2021

Probate Law: Estate Planning, Administration and Appointment of GuardiansProbate Law: Estate Planning, Administration and Appointment of Guardians

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills, said probate and elder law lawyer in Miami. 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 probate and elder law lawyer in miamiliable 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.

 

Estate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan. 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.

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FebFebruary 6, 2021 06February 6, 2021 2021February 6, 2021

How Can I Fight Charges of Violating a Spouse’s Protection Order?How Can I Fight Charges of Violating a Spouse’s Protection Order?

Many people think that if you are in a domestic relationship, that you are not protected by the law. However, every person in a marriage is entitled to certain legal protections under the law. This includes all members of the wedding party, even the husband or wife. Unfortunately, not everyone knows how to go about using their rights under the law, and this can lead to serious consequences. If you have been accused of domestic violence, you should contact a Seattle domestic violence attorney as soon as possible.

 

There are a number of different situations that could lead to a charge of domestic violence in Washington. At times, a third party may hear or see something that they wrongly assume is domestic violence, and then calls the police, leading to an arrest and subsequent prosecution of an individual who, in actuality, didn’t commit a crime. In other cases, domestic violence takes place between people who are perfectly happy with their relationships and who are simply acting as a team. In these cases, the alleged perpetrator may actually be innocent, but he or she was acting in ways that violated the wishes of the other partner. In both cases, the best course of action is to contact a Seattle criminal defense attorney as soon as possible.

 

When there are allegations of domestic violence in Seattle, the first thing that the victim needs to do is to notify the police. Under Washington state law, once the victim reports the incident to the police or a law enforcement agency, it is the victim’s responsibility to share the details of the alleged abuse. Even when the alleged perpetrator is ultimately cleared of wrongdoing, that doesn’t mean that the victim is safe from further consequences. Under Washington state law, the prosecutor must investigate the case and present it to the judge for determination. If the victim isn’t able to attend trial, the burden of proof is with the prosecutor, who is then required to prove that the defendant was aware of the allegations against him or her and did nothing to stop the alleged abuse.

 

If the prosecutor chooses to proceed with the case regardless of whether the charges have been reduced or dismissed, the alleged victim will be charged with a gross misdemeanor. This charge can be either a misdemeanor or felony, depending on what the prosecutor chooses to charge. If the misdemeanor is a sufficient portion of the initial arrest and booking process, the charges will be elevated and the accused could ultimately be charged with more serious offenses such as arson or aggravated assault.

 

When the matter is reviewed by the grand jury, the prosecutor is required to explain why the charges were filed against the individual. If he or she believes that there is probable cause to believe that the charges are justified, the grand jury will determine whether the charges are appropriate. From there, the attorney will need to wait to see whether the grand jury resutes the case to the misdemeanor level or moves to a felony. If the grand jury proceeds to press charges, the accused will be asked to enter a plea. If the accused decides not to enter a plea, the case will be continued by the court and the accused will be required to enter a plea. Again, if the case is moved to the misdemeanor level, the domestic violence attorney may be able to have the charges thrown out, at which point he will have the opportunity to mount a trial.

 

However, sometimes grand juries refuse to reschedule a trial after they find that there is insufficient evidence to proceed to a trial. In Washington, a defense attorney will not be allowed to make an argument against misdemeanor charges until all other options have been exhausted. If this happens, then the defense attorney may request that the felony charge be dismissed because it was not a reasonable apprehension. Even in cases where police arrive at the scene after a dispute and find no evidence of domestic abuse, a prosecutor may choose to proceed with a trial rather than accept the evidence as being insufficient for a misdemeanor charge. In these cases, the seattle domestic violence attorney will need to move quickly to get the case dismissed.

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