Streamlining Probate Law - Execute the Executor and Avoid Probate Completely

By: Andrew Stratton
Probate law primarily concerns the execution, interpretation, and contest of legal wills and estates. A probate court may be known by various names depending on where it is, however, probate law always concerns how a deceased person's estate is handled by his executor or heirs. The word probate describes the process through which a person's final wishes are carried out with regard to who should administer the process, how assets will be sold and divided, and what will happen to any existing estate. The estate is the term used to refer to the legal entity that is comprised of a decedent's assets after they themselves have died. An estate may own property, profit, pay taxes, be sued, and owe debts.

A will is a legal document that exists under civil law. It is considered to be the last, definitive, and dying wish made by a person before their death, and for a will that has been ratified by a court, the legally appointed administrator of this process - the executor - usually either a legal professional or a competent friend or colleague of the deceased, has an obligation to ensure that the decedent's last wishes are carried out to the extent that is practical, legal, and affordable. Under probate law, the executor is entitled to charge the estate a reasonable fee for their services.

A will may include simple instructions for dividing the property of an estate between the children of the deceased, or it may include detailed instructions for using the estate to establish a scholarship committee, or trust. Despite the finality of a will, it is possible to legally contest even a will that has been ratified by a court. If an executor is suspected of mishandling the affairs of an estate, beneficiaries are permitted to request that court ask the executor to account for their actions while administering the will.

When a person who has left a will dies, a named executor is responsible for administering the will. They are under no obligation to agree to this, as it is a time-consuming process that an administrator accepts a considerable deal of personal liability for managing. If the named executor refuses (or one is not named), the duty falls to the most senior beneficiary of the will. Except in emergencies, it usually takes longer than a month to appoint an executor.

All recipients in the will, and all people who would legally be recipients if no will were left must be informed of the death by post, giving them the opportunity to prepare a challenge to the will or appointment of an administrator or executor. Before any division of assets can occur, the deceased's estate must pay all outstanding taxes that were owed at death, or have been incurred by the estate itself. Finally, during probate, all creditors are given an opportunity to come forward in order to be compensated by the estate for any outstanding debts that the deceased carried at debt.

Probate is invariably a costly process, and usually far more time consuming than most people care to tolerate, so methods to avoid probate completely are being increasingly utilized. Some jurisdictions include procedures for streamlining or avoiding the probate process completely to reduce loads on courts and cost to beneficiaries. For example, in the state of California, probate law includes a provision for people whose assets were worth less than $100,000 at the time of their death by which probate can be avoided outright. Similarly, assets conferred to a living trust or jointly held by another person under joint tenancy laws (for instance, a surviving spouse) need not be subject to the probate process.

Probate law is an expensive, drawn out process that often takes up to a year to fully complete. The processes by which a decedent's assets are divided according to their last will and wishes can be quite complicated, and in many cases, vehemently contested. For this reason, anyone with doubts or questions about this area of law would be well advised to book an initial consultation with a firm that specializes in probate law.

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Laws Concerning Passenger Behavior On Flights

By : Jim Brown
In the current global situations, it is not surprising that there are laws affecting passenger behavior in all fifty states of the United States, as well as other countries. Flight personnel for all airlines have received some training concerning unruly or dangerous passengers.

There have been numerous accounts in the news media over the past few years of passengers who were intoxicated, on drugs, or just plain explosively angry. No matter what the reason, it is never okay to put your hands on any other person, whether they work for the airline or are another passenger.

The first case of flight rage happened in !947, and the passenger was a man who was drunk and assaulted another passenger. The local law enforcement usually get involved any time a passenger has to be removed from a flight by security personnel.

Ever since the terrorism attacks in the United States and in other countries, the penalties for interfering with flight personnel in any way have become more severe. The airlines have also tightened the restrictions on alcohol consumption, and flight attendants are authorized to refuse to serve alcohol to any passenger who appears intoxicated.

The local law enforcement agencies where the incident occurs will arrest and detain the passenger, and they will face criminal charges. It is also against the law to take any prohibited device or item onto an airplane, or to try and smuggle anything that is prohibited through the security check points.

Airport security has the right to detain any passenger for any reason, and there have been lawsuits for claims of illegal detention. The best way for a passenger to make sure they are not breaking any laws is to behave responsibly, be civil to security and other people, and to follow all instructions you are given by the flight personnel as well as airport personnel.

The laws concerning passengers vary from state to state, and locality to locality. No matter where you are located, however, there are laws that have criminal penalties for disrupting a flight or disobeying airline personnel.

Anymore it is even prohibited to carry disposable lighters, any matches, and numerous other items onto an airplane, and trying to smuggle any of these items on board the plane will result in your removal and arrest. This is especially true with any explosive or incendiary devices or materials. These items are not allowed even in checked luggage, or on the airport premises.

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Finding Cheap Bankruptcy Lawyers For You

By: Ryan Arsendatama
In this age of living on credit cards it is not surprising to find that more and more people are filing for bankruptcy. In order to prevent the misuse of bankruptcy claim a new law called the Bankruptcy Abuse and Consumer Protection Act, was passed in 2005. If you are in a serious and genuine financial problem, the right thing to do is file for bankruptcy. But before you do that you would have to find yourself a cheap bankruptcy lawyer who can explain to you all the finer points of the new law and can get you a good deal.

Where to Find a Bankruptcy Lawyer

Your quest for finding cheap bankruptcy lawyers can start with your family and friends. Those who have gone through the bankruptcy experience can recommend some names. You will get an insight into how competent the lawyer is. If you know an attorney, he or she might be able to refer you to some good bankruptcy lawyer.

Bankruptcy is a complex legal process, therefore, it is essential to have a bankruptcy lawyer who can put forward legal methods to either wipe out the debt by liquidating your assets and distributing them amongst your creditors, or develop a repayment plan. Usually the first consultation with a bankruptcy lawyer is free, so make sure you put forward your real financial situation before him or her. Once you have hired a bankruptcy lawyer, provide him or her with a list of all the debts that you carry. This would include credit cards, medical bills, loans, cars, etc. Make sure you have your bankruptcy lawyer explain to you all the details of the new law. If you have any questions, do not hesitate to ask.

Choosing a Good Bankruptcy Lawyer

A good bankruptcy lawyer will give you expert advice on how to get your financial situation back on track. A good lawyer will help you with repayment plans and debt management. Before you finalize your choice make sure you share a comfort level with your bankruptcy lawyer.

You want a lawyer who understands the system and will do a good job to represent you. It may cost you a little more but you get what you pay for. Your local bar association can probably help you decide whether a proposed fee is fair with the local standard. You can also browse online to compare some services to get an idea how much it would cost you to hire a bankruptcy lawyer.

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