How A Probate Attorney Helps

A probate attorney is a state licensed lawyer who understands law aspects enough to advice estate executors and beneficiaries on settling the affairs of a deceased person. The lawyer is also referred to as an estate attorney and is responsible for handling personal representatives throughout the probate process until everything is settled. He will take the representative through trusts, wills and estate planning among many other things.

A probate attorney usually has years of continuous legal education, experience and mentoring. They are all important in making sure that he performs his duties beyond expectations. The probate process and requirements can depend on the deceased’s state and the probate laws governing it. The probate laws will apply depending on where the deceased lived and died and where he owned estates. A valid testament of the last will can also determine how the process is conducted. However, in case of an intestate which is a state where the deceased had no valid testament of will, it is still possible for a probate attorney to handle it.

The attorney can come in handy when issues regarding the decedent’s testament, will or estate arise among the beneficiaries. Apart from advising the personal representative, this attorney can be hired by the estate beneficiary in case disagreements arise between the personal representative and the beneficiary. He can assist in contesting a will but in such circumstances, he will be known as the trust and estate litigator, probate litigator or estate litigator.

Services to Personal Representative

A probate lawyer is in a position to advise the personal representative through different things during the probate process. They include the following.

· Obtaining the appraisals and values of the date of death regarding the property of the deceased.

· Securing and locating probate assets as well as non-probate assets.

· Preparing and filing relevant documents needed by the probate court in an organized, timely manner.

· Offering advice on the payment of final bills of the decedent as well as payment of any debts that are outstanding.

· Collecting any life insurance proceeds payable to the beneficiary.

· Holding proper elections and rolling over any retirement plans and keeping track of the checking account of the estate.

· Assisting with the sale of any estate property and addressing any income tax issues there could be.

· Determining inheritance or estate taxes due at state and federal levels and figuring out where the needed cash for settlement will be generated from.

· Settling any disputes there could be between beneficiaries and personal representatives.

· Getting court permission to handle and take different actions applicable to the state probate laws and re-titling the real estates to the beneficiary names in situations where selling of the property is not taking place.

· The probate attorney also assists in the distribution of assets left by the decedent after taxes and bills have been paid.

Property or estate can be the source of long term fights amongst beneficiaries. Personal representatives need the assistance of probate lawyers to ensure that everything is handled right after the death of an estate owner.

A qualified probate attorney in California can greatly help in making the probate process smooth for the personal representative and the beneficiaries too. There is just so much that your attorney can handle on your behalf.

Article Source: http://EzineArticles.com/expert/Jovia_D’Souza/2007086

 

Securities Mediation Attorneys Offer Remedies for Wronged Investors

The financial crisis that began in 2007 resulted in unprecedented losses for American investors, which led to a backlog of securities cases in the courts. As a result, mediation has become a viable option for aggrieved investors. Not only do they save both parties time and money, but they also keep the matter out of the papers. In other words, they offer obvious benefits to the plaintiff and the defendant.

How It Works

Instead of handling things in court, securities mediation settlements are generally resolved with the help of an impartial mediator. This mediator hears from both parties and then attempts to arrive at a mutually agreeable solution or settlement. During the meetings, either party can enlist the services of attorneys to represent them, or they can go pro se (represent themselves). The mediator or mediators do not have the legal right or authority to compel either side to accept an agreement or make a binding decision, as a judge might. His or her job is to facilitate a resolution if possible.

We do not know exactly how effective these resolutions may be since the records are often sealed and rarely publicized. But we can say that it has become an increasingly popular option for wronged investors who do not want to spend years in litigation. The option is also extremely popular with attorneys because it is more expeditious and more likely to result in a settlement than a traditional civil lawsuit.

Why They Work

Mediation is a far less contentious option than a traditional court trial. Instead of standing before an all-powerful judge and jury, the process gives both sides the opportunity to talk things out in a more informal setting. They need not make emotional appeals to the judge and jury to try to win their favor, or influence their decision since mediators do not have a legal duty. They are simply there to weigh dispassionately the fact of the case and make reasonable suggestions and recommendations, not judgments.

Why They Don’t

The process isn’t for everyone, of course. In some legal cases, the two sides are too far apart or too angry to listen to reason. But when both parties are ready to come to the proverbial table, securities mediation is a viable, even preferable option. Mediation is not recommended without the assistance of experienced attorneys.

Legal Aid

Even though the setting may be more relaxed, and the parties may act more civilly toward each other, securities cases can be quite complex. But if the defendant agrees to meet with the plaintiff, it often means that he or she acknowledges that the lawsuit has merit. The worst thing you could do in that circumstance would be to show up alone and make unreasonable demands based on emotion.

An experienced mediation attorney can act as your representative in all meetings and negotiations. He or she will help you determine your best course of action and whether or not complex commercial litigation settlements should be accepted or rejected.

When considering attorneys, Binghamton, NY residents visit Haines Local Search. Learn more at http://www.yellowone.com/Binghamton,NY/Attorneys/list.

Article Source: http://EzineArticles.com/expert/Alfred_Ardis/663300

 

Commercial Joint Ventures Under English Law – Practical Considerations

Commercial joint ventures are essentially contractual in nature. A commercial contract such as a collaboration contract or a research and development contract underpins the venture.

The terms are contained in the contract. Therefore it is very important to clearly define the rights and obligations of the parties at an early stage and to include those provisions in the contract. This reduces the risk or misinterpretation of the terms of the collaboration.

The contract should address the following matters:

1. It is very important to clearly define the scope of the collaboration and the respective party’s rights and obligations. If it relates to the development of a product and/ or service then it is important to clearly define the scope of the development and each party’s input into the development process.

2. The parties should identify any background intellectual property rights (“Background IPR”) which they have already developed prior to the joint venture but which they propose to use in the future development of the product and/ or service. In general each party will retain exclusive ownership of their respective Background IPR. The parties will then need to determine upon what terms the Background IPR can be used by the other partner both during the period of development and also after it has been completed.

3. The intellectual property developed during the period of the collaboration is generally called foreground intellectual property (“Foreground IPR”). It is very important for the parties to determine what Foreground IPR will be developed and whether any or all of the Foreground IPR will be jointly owned or exclusively owned by the party developing it. If the Foreground IPR is exclusively owned by either party then the other party would generally expect to receive a licence of such Foreground IPR to enable it to exploit it both during the period of the collaboration and possibly afterwards.

4. It is also important to include confidentiality obligations on each party. Both parties will generally disclose their own confidential information to the other to aid the collaborative process. Therefore the party that receives such confidential information should only be able to use and/ or disclose such confidential information in accordance with certain defined parameters. This will protect each party’s information.

5. The collaboration agreement should clearly define the duration of the joint venture and also grounds upon which each party can terminate it early. The term of the project should be until such time as the development has been completed. In general the contract can be terminated early/ prior to conclusion of the project where for instance either party is in material breach of the terms of the contract, or where a party is in repeated breach of the contract, or alternatively where a party enters some form of insolvency process.

6. The collaboration agreement should also state what happens in the event that the contract is terminated early upon one of the grounds specified in point 5 above. In such circumstances, both parties should retain all their respective Background IPR and any licence to the other party would generally terminate. Any Foreground IPR would be owned by the party developing it and any Foreground IPR developed by the parties jointly would be jointly owned.

The author, Christian Browne is a business solicitor and the Managing Director of Summerfield Browne Solicitors http://www.summerfieldbrowne.com. Christian Browne is also a legal advisor with the Institute of Directors in London.

Article Source: http://EzineArticles.com/expert/Christian_S_Browne/2126938

 

Three Questions to Ask an OUI Attorney Before You Hire

Being charged with operating under the influence can be a nerve-wracking experience. If convicted, you will be faced with substantial fines, costs associated with specialized monitoring equipment installed on your vehicle, and even incarceration. Having an OUI attorney to defend you is critical. During your consultation, ask these questions and get the answers you need to determine which OUI attorney is best suited to defending you against prosecution.

Is your practice devoted to OUI cases?

Each person’s situation is different. A successful defense requires different skills and knowledge than those needed in a theft case. Certain documents must be filed at distinct times during a criminal suit, and they sometimes move very quickly. Your lawyer will need to be very familiar with the proper procedure to meet necessary deadlines. These cases often involve highly scientific evidence, and your attorney will need to understand the evidence obtained and used in the trial. If you are unable to find a lawyer who is familiar with these cases, be sure to hire a lawyer who is experienced in criminal law. Even a well-seasoned lawyer whose practice revolves around civil lawsuits will not have the necessary skills to defend your case in a criminal court of law.

Do you have plea bargain and trial experience?

Frequently, the accused can get reduced penalties by entering a plea bargain. You will want your attorney to have experience negotiating with prosecutors to achieve the best deal. However, some lawyers make a standard practice of recommending plea bargains. A plea bargain is sometimes unnecessary, and the consequences are compounded because certain rights of the accused are waived through the process. In some cases, it is advisable to try the case. Your OUI attorney will need to have experience on both ends to provide you with the best possible representation.

What role will your staff play in my case?

Good lawyers have many clients. In all likelihood, you will not be your lawyer’s only client. Your representation will need to draft documents, appear in court, and make phone calls on behalf of all of his or her clients, so he or she will not always be immediately available to address every issue that arises in your case. Consequently, an OUI attorney should have junior attorneys or non-attorney staff to handle routine matters that do not need the individual attention of your primary legal practitioner. In some circumstances, associates may even appear in court when your primary legal practitioner is not available. However, you should also ensure that the legal practitioner you select will review the work of his staff before it is filed or sent to opposing counsel.

These are all basic things to consider prior to dealing with your case and finding the right representative. It may be a stressful process, but considering these guidelines can help alleviate any worries that arise.

When looking for a Boston OUI attorney, residents visit http://www.attorneymarkbennett.com/practice_areas/.

Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190

 

Historical Hero or Criminal Lawyer? Four People You Didn’t Know Were Attorneys

While we remember a few famous historical and political figures for the powerful effects they have had on the world, it’s easy to forget that many of these influential figures started small. Following their passions may have been more important than their careers as criminal lawyers or immigration attorneys, but the lives of these four figures took root in the field of law.

Gandhi

That’s right: the force for change who peacefully led India to independence started out as a lawyer. Having studied law and jurisprudence in London, he attempted to establish his own practice in Bombay. However, he found himself unable to speak at the loud volumes needed in court and felt that cross-examining witnesses was too difficult for him. Instead, he went on to fight deep-rooted injustices in his nation – though he might have benefited from a criminal lawyer himself during his scrapes with the country’s legal system.

Fidel Castro

Cuban politician and revolutionary Fidel Castro first began studying law at the University of Havana in 1945. During this time, he found himself becoming increasingly involved in the nation’s politics, later campaigning in favor of drastic government reform. Though he initially fought against Batista’s 1952 seizure of power by legal means, the inefficacy of this strategy eventually led him to using more dangerous methods, and he organized his fellow rebels to mount an assault against the government.

Francis Scott Key

Best known for writing the lyrics to the American national anthem, Francis Scott Key was born into a family of prominent attorneys and followed their choice of occupation. During the War of 1812, Key was present during the Battle of Baltimore in September 1814, having come to use his legal skills to help negotiate the release of several prisoners. At dawn following the battle, Key witnessed, and later described in his poem, the American flag waving despite the military assault. The rest, of course, is history.

Nelson Mandela

Prominent anti-apartheid revolutionary Nelson Mandela got his start in law at the University of Fort Hare. He later secured a place as the only native African student attending the University of Witwatersrand, despite the racism he experienced within its walls. During this time in his career, he had the opportunity to meet and befriend liberal thinkers from a mixture of races and nationalities. The period he spent studying and practicing law cemented his views that Africans were meant to help put an end to racial segregation.

These are just a few of the prominent historical figures who once passed the bar exam. If you aim to make a change in the world, it might be a good idea to get your start as a criminal lawyer or a civil attorney. Who knows where your path may lead?

When it comes to finding a criminal lawyer, Salem, MA residents can learn more by visiting http://www.maclachlanallen.com/criminal-law.

Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190