Estate Planning Lawyer : How They Help

Estate Planning Lawyers are those who assist others in creating the last will. Not only that, the estate planning lawyers also help to establish a trust in the event of death of an individual by protecting the assets of inheritance. When you are preparing a will, it is really important and necessary to take help from a probate law attorney as they will listen to your needs and preferences and will provide you with helpful advices so that you can develop strategies which will help you in estate planning accordingly and will benefit the selected beneficiaries.


An estate planning lawyer can assist those who need to create a will. For example, if you have a ailing parent or a relative, you can take help from the estate planning attorneys. Even though your family might not be super wealthy and might not have a mansion, the attorneys can help you and the individual making the will in so many ways. They can help an individual by looking at all kinds of assets you have, your house, your auto mobiles, your financial portfolios, life insurance policies and so forth.  According to the wish of the individual taking the service, the attorney can help the individual to disinherit one of the heirs by taking all kinds of strategies so that the certain asset or assets cannot be passed on to that certain person. Also, when individuals are mentioned in a will to inherit the assets, the attorneys work their best so that the mentioned individuals get what they have inherited through the will without much problem. However, when you are taking help from estate planning lawyers, make sure that you talk with them about everything. It is often seen then when the will creator passes away, chaos is born due to all the misunderstandings and stuffs. Therefore you should take precautionary steps even before the will is created and convey every detail to the lawyer and discuss about it thoroughly.


When the planning of estate is done in final stages, it should be initiated when the individual is in good health or the disinherited individuals might contest for their share of inheritance. If you really want to make sure that your final wishes are followed through and through, take help from lawyers who are well adept in planning of estates. It is because they will help you to ensure that your final wishes about who will inherit what will be followed as your wish when you pass away.


They can help you create your will without any mistake. Precision has to be maintained as one missing initial, name or a word that has been misconstrued can change the complete document of the inheritance of your estate. As the laws maintaining the passing of assets and estates are technical, you will have to take help from the lawyers who specialize in planning of estates. BE sure to check what you state requires as these laws vary from one state to another. One minuscule mistake can make the documents that you have created to be void and null and therefore you have to make thorough arrangements with your estate lawyer to make sure that everything is right.

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When you decide to sell your house, it is a huge step. You may be able to sell easily in real estate USA or you may find it hard. Here are a few starters: Before selling your house you must ask yourself why you want to sell. You may have to move to a new company or you need money for something. If you want to move out of your house just for the sake of moving, it is not a good enough reason. Be sure you don’t regret your decision later on. If you are moving out of your house, have an arrangement necessary so you aren’t left without a place to live once your house is sold.Before putting up your house in the market, you need to make sure your house is presentable. All the repairs must be done prior to the market revelation. Be mentally prepared that a lot of grubby and dirty people will be moving around in your house, touching your things and making snarky comments on the shortcomings.

Real estate USA can be tricky at times. You need to work out the flaws. Hire a seller’s representative. You owe him a 6% commission as per real estate USA law states. They always sell better and fast. He will be able to negotiate the price and selling of the house. You need to make the closing on the home.The key to best deal is an effective marketing or your house. We live in the information age. We have numerous ways to market and publicize a thing. You can put up an ad of your house on internet, tell everybody about your house sale, put up a ‘for sale’ board outside the house and most effectively, hosting an open house. This helps the prospective buyers to imagine themselves living in your house thus make a better decision at the end of the day. In preparation to the sale of your house, you must make all the necessary repairs. It may cost you much but you will get it back once your house is sold.

You must clean the house and put away all the clutter. Even the cabinets should be clean because you never know what people might be tempted to see. Your house should be as inviting from the outside as it is from the inside. The best way of securing a good deal is through an agent. You can sell it by yourself but you won’t be as good as a professional. Agents can be hired through various ways. They are available on sites of real estate USA. Once you receive an offer, you have to assess the offer including the price, terms and contingencies according to the USA laws and regulations and then decide whether you accept or decline the offer. If you accept and you have an agent, he will receive 6% commission as per the real estate USA laws.Then comes the closing which implies you are closing the deal. You have accepted the offer, exchanged the money and the keys. Congratulations! You have sold your house.

An Attorney Can Save You From Legal Problems

There are many reasons people seek out lawyers. It can be overwhelming if you don’t have experience with lawyers. You not only need to feel comfortable with them, you need to understand how an attorney will charge you, and what process to follow for communicating with him or her. You should consider what you’re about to read to help you find a lawyer.

A bad decision to make is picking the first lawyer who comes your way. Your research needs to be done well, because you’ll have to pay dearly if you don’t do it. Research all you can about the attorneys who interest you.

Hiring a lawyer should be the first thing you do if you are in trouble with the law. Be sure not to take matters into your own hands because it can create a situation that raises the possibility of you breaking the law. Lawyers have the experience necessary to take care of your situation.

Think about your issue long and hard prior to looking for legal counsel. Think carefully through the issue at hand. Lawyers are not only there to represent you in court, they also can give you advice about legal matters such as contracts. Even if none of these apply to you, you may need expert legal advice if the matter involves a complex business transaction or large sums of money.

Ask all lawyers that you visit for proof that they have won cases like the one you are fighting. Look up cases that he has won or lost, rather than just taking his word that he is excels in the field you need help in. You might be able to find the information you need online, or you can get it directly from the lawyer.

When choosing a lawyer, research their reputation thoroughly. When you consult both the bar association and online testimonials and reviews, you will be able to easily decide whether or not to hire a particular lawyer. That brings a positive outcome.

Talk to your local bar association to check out any lawyers you’re considering. If you find one or two, you shouldn’t be too worried. However, if you find more than that, you may want to think of looking elsewhere.

It is always important to get the fee arrangement in writing, before giving up any money. This is good since you will only have to be concerned with the case and not the finances. In addition, it will give you a chance to organize your finances.

Check the friendliness of the people at the law office. You should pay attention to how quickly the receptionist picks up the phone and how politely you are treated. If they are late in returning your calls, look elsewhere.

Lawyers cannot win every case. If you come across a lawyer that claims that he will definitely win your case, he is a blantant liar and should be avoided at all costs. You can never be 100 percent certain how a case is going to go, so if a lawyer guarantees you a win, be suspicious.

See if you can do anything to lessen the attorney costs. It’s possible that you can help to make phone calls or prepare paperwork. If you must get documents at the courthouse, inquire about getting them picked up by yourself so you don’t have to pay the law office for it.

Stay away from lawyers who seem overly confident about their ability to win your case in no time. Any lawyer who believes this is not a good lawyer. Each case comes with its own set of issues; therefore, you need an attorney who is willing to try your case individually instead of trying it like other cases. Make a smart choice.

Preparation will make the first step easier regardless of your reasons for seeking a lawyer. As long as you keep the tips that you just read in mind, you should do well navigating through each stage of the process. This advice will make the entire process much easier.

Why should you use a solicitor for probate matters and estate planning law?

Probate is the name of the process where legal title of property from the estate of the person who has died (the decedent) is transferred to his or her proper and rightful beneficiaries. The term ‘probate’ itself refers to a proving of the existence of a valid will, or determining and proving one’s legal heirs if there is no will in place. The legal position in the UK is that the deceased can’t retain property, therefore there needs to be a process that determines who gets the decedent’s property. That process is probate.
The principle function of probate is to transfer the title of the decedent’s property to the heirs and/or beneficiaries. Generally probate would not normally be needed if there is no property to transfer. However another equally important function of probate is the collection of any taxes due because of the deceased’s death or the transfer of property. The probate process also provides mechanisms for payment of outstanding estate debts and taxes, for setting a deadline for creditors to file claims to ensure that the heirs or beneficiaries will not be hounded by unpaid creditors indefinitely, and for the distribution of the remainder of the estate to the rightful heirs.
Generally probate is necessary before the deceased’s property can be legally distributed. In the case of smaller estates, a less formal procedure is followed, yet this is still under the supervision of the probate court. Even when there is a valid will, a court still needs to allow others to object to the will, and if there are objections, to determine if the will is valid. This legal process will eliminate any possibility that:
The will was the result of fraud, mistake or “undue influence.”
The will was made at a time when the deceased was not mentally competent to make a will.
There was a later will which, if valid, would replace the older will.
The will was not properly executed.
The ‘so-called’ will is a forgery.
The will is not fully valid for some other reason, such as a pre-existing contract.
Other claims against the deceased’s estate impact what the beneficiaries under the will would be likely to receive.
If the decedent owned property in his or her own name for example, no knowledgeable third party would accept title to the property, nor would any bank would approve a mortgage, unless the estate went through probate so “clear title” could be given the new buyer. Similarly, few third parties would enter into any other transactions involving the decedent’s property before the will is admitted to probate and/or someone is lawfully appointed to act for the estate. 
The probate process in essence clarifies a will and protects an estate from challenges to the specified beneficiaries of inheritance. Although using probate for a will is an effective and necessary process, some matters of a will can be handled without involving a probate court. Much will depend on the nature and shared ownership of the property in the estate. Probate can be a tricky legal area, and generally the best advice would be to consult with a qualified solicitor with specialist knowledge of probate and estate planning law.  

This article on wills and probate was published by Jones Gough Solicitors

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Family Law And The Law On Child Custody

Child custody is when the parents of a child do not live together because their relationship has broken down. Often there is a dispute over who should take care of the children and how often the other parent should see the children. The dispute will usually be centred on the question of where the child should live, often referred to as “custody”, although in England and Wales the correct legal term is “residency”.

Residence Orders and Contact Orders
This is when the parents are unable to come to an reasonable agreement about where the child should live and on what basis the other parent will have access to the child, the Court will intervene. When deciding issues relating to child custody, the Court is required to always act in the best interests of the Child and must take into account a number of important factors including:

The risk of harm to the child
The wishes and feelings of the child
The child’s physical, emotional and educational needs
The effect on the child of any change in circumstances
The capability and competence of each of the child’s parents
The age, gender, background and characteristics of the child

In a decision on custody the Court will usually grant two orders. A Residence Order is used to declare which parent the child should live with permanently and a Contact Order is used to declare the rights of the parent who is not granted residency. The Court has a wide discretion to vary the terms of a Contact Order depending on what it considers to be in the child’s best interests and so the rights of the parent who is not granted residency can range from visits supervised by a social worker, to holidays abroad with the child.

Residency and Contact orders are not limited to the parents of a child, and some other classes of person who have an interest in the child’s wellbeing may also apply to the court for and order, this can include; a step parent of the child and anyone with whom the child has lived for 3 years.

In England and Wales it is possible for more than one person to be granted residency and allowed equal access to the children, this is referred to as a Shared Residency Order. Shared residency is unusual because in many case the court will not consider this to be in the best interests of the child. The reasons most commonly cited for refusing joint residency are the fact that the child needs the stability of living in one home, or that one of the parents is less able to care for the child.

Nonetheless, under child custody rules, where both parents wish to be involved in the upbringing of the child, where they are both equally capable and equally able to provide for the child’s needs the Court may decide that shared residency would be beneficial.

Parental Responsibility
This is different from child custody, and is the right to be involved in important decisions relating to a child’s upbringing. People with parental responsibility for a child will have a say over education and religious instruction and can consent to any medical procedures involving the child.

In England and Wales that fact that you are the father of a child does not automatically give you the right to parental responsibility unless you are married to the child’s mother. For unmarried fathers, parental responsibility can only be obtained if you are named as the father on the child’s birth certificate, by obtaining a court order or by entering into a parental responsibility agreement with the child’s mother.

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Looking For Just The Right Lawyer? Keep These Tips In Mind!

Even though lawyers do not have a good reputation, they are still essential to our society today. There are many things that could not happen properly without the help of attorneys. If a lawyer is something you need, then you’re probably aware of the importance of finding one that works with you well. This advice may help you find a good person.

You might feel like choosing the first lawyer you visit. Do some research since choosing the wrong one can end badly. Ask others, and find out the things you want to know about lawyers.

Ask any lawyer prospects about their fees up front. Legal help can be cheap or wildly expensive, depending on the lawyer, and you need to know what you’re getting yourself into. Nothing is worse to a case than losing representation after a court case has begun.

Decide what specific legal services you need ahead of time. First ask yourself if you need a lawyer. You need a lawyer if you are in a divorce, charged with a crime or have an upcoming lawsuit. No matter your reason, you need a competent lawyer.

A specialty lawyer may cost more, but in the long run, it will probably cost you less. They’ll take less time to complete your case than a general lawyer would, thanks to all the learning he’d have to do at your expense.

You may not know about attorney and client confidentiality. So, for example, if you share trade secrets with your lawyer, he or she can’t turn around and sell them to your competitors.

Make sure your lawyer and you are on the same page when it comes to scheduling meetings. Keep in touch. Lawyers often disappear for long periods. You may be able to avoid this if you come up with a schedule soon after you hire your attorney.

Always ask your lawyer plenty of questions. Good lawyers don’t mind explaining their actions and keeping you updated with details. If your attorney is being tight-lipped, it might be necessary to fire him and find someone else.

You want to have the best communication possible with your lawyer. Being prepared in a timely manner with any information your attorney requests can really help your case. This will help you in the long run.

You need to be totally comfortable with any attorney you decide to hire. A great lawyer will both know what he’s talking about and be personable. If your lawyer doesn’t do that, you need a new one.

It’s important to understand that lawyers cannot wreak miracles. If you find a lawyer that assures you he or she will win, no matter what, that means that they’re lying to you and need to be avoided. There are no guarantees when it comes to the law, so do not fall for a lawyer that claims he always wins.

If you’re going to speak to a lawyer and they tell you that they’ll win your case no matter what, it’s probably best to leave. This is a common technique used by lawyers to sell themselves, but you should know that no case is easy to win. Look for this in an effort to find the best lawyer for your case.

Prepare yourself before meeting with your lawyer. They usually bill on an hourly basis. So, any time you are searching for paperwork and you have to call back to ask questions or ask their advice, you are being charged. If you’re ready when you arrive for the meeting, you’ll pay less and have your issues solved in a single lesson.

You want to meet with a lawyer before you hire them. This will allow you to determine whether or not the lawyer presents a professional appearance and has a personality you can work with. You will probably regret hiring a lawyer without meeting them. It also pays to find out how you interact in person.

There are many variables you must consider as you look for an attorney. If you use the information found in this article, you are more likely to find a lawyer that is a good fit for you. With the help of a great lawyer, you can win every time.

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Family Law – An Overview

Family law covers a wide range of topics but the most common are; divorce, child maintenance, domestic abuse, cohabitation and civil partnerships.

Divorce is probably the most used element of family legislation. One in three marriages now end in divorce, so it is no wonder that it is the busiest area of family law. In the UK there are five legal reasons why you can apply for a divorce, if your partner has committed adultery, displayed unreasonable behaviour, has left you for two years without contact or you have been separated for two or five years. These are all legitimate grounds for divorce. The divorce process can be time consuming and costly if you decide to go through the courts. You may want to consider using an alternative method of divorce such as mediation or collaborative family law.

Child maintenance goes hand in hand with divorce in this area of law. If you divorce or break up from your partner, the partner that doesn’t live with the child will, by law have to pay maintenance for the child’s upbringing. This can either be arranged between the couple themselves, which is known as a private arrangement or through the Child Support Agency. If a family has gone through the Child Support Agency and the non resident parent is not paying their child maintenance, the Child Support Agency has the right to pursue the money through legal procedures.

Another element is domestic abuse. If you or someone you know is a victim of domestic abuse, you should inform the authorities. Family law deals with domestic abuse cases by issuing abusers with different orders that forbid them to have any kind of contact with the person they are abusing. In extreme cases, the police will take action.

Cohabitation is often an overlooked area of family law for couples who live together but are not married or in a civil partnership. Many couples believe that if they live with each other for long enough they will be in a ‘common law marriage’ this however is not the case. Cohabiting couples have a lot less rights than married couples. If you are a cohabiting couple it is advisable to research into your rights in family law.

Civil partnerships are a relatively new area to family law, with the first civil partnership taking place in 2005. Couples in civil partnerships are granted the same rights as a married couple. If a civil partnership breaks down, a dissolution will need to be applied for, not a divorce. The grounds for a dissolution are similar to divorce except that you cannot ask for a one on the grounds of adultery as in the eyes of the law the term only applies to heterosexual couples. If adultery is the reason, you can highlight this as unreasonable behaviour.

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Family Law – Marriage

You need to be over the age of 16 to get marriedin the UK. If you are under 18 you will need to get permission from your parents. You cannot force someone to marry against their will and you must not be too closely related, and must not already be married.

The first step when you decide to get married depends on whether you are getting a civil or religious ceremony. If you decide you want to get married with a registrar, you will have to provide notice to the registry office that you plan to get married. Notice will be displayed in public for 15 days so that anyone who has any objections to the marriage can make their feelings known. The notice will last for one year at which time it will need to be sought again if you haven’t already got married. You also need to give notice together, you cannot go and do it on your own. You need to have lived in the area you are giving notice to for at least seven days if you want to give notice there. When you give notice you will need to provide the registrar with your name, age, nationality, occupational status, current marital status and the place that you want to get married.

You can have a civil ceremony at any venue licensed to hold marriage, two people will be needed to witness the ceremony in order to make it legal.

If you want to get married in the Church of England, you will not normally have to give notice but you will need to get in contact with the vicar at the church you wish to get married in order to start organising your marriage.

If you want to get married in a religious ceremony outside of the Church of England you should go and talk to the person that is in charge of marriages in the building you wish to get married in.

If you marry abroad you will need to get into contact with the embassy of the country to find out what permissions you need to have. Most commonly, you will need to get a ‘certificate of no impediment’ which will give you permission to marry in their country.

An increasing number of people are deciding to write up a prenuptial agreement before they get married. They have not been legally binding in the UK but in October 2010 a landmark case between German heiress Katrin Radmacher and ex-husband Nicolas Granatino found in favour of upholding their prenuptial agreement which has now meant that they are now more likely to be upheld in future cases.

A prenuptial agreement should only concern financially maters or they will be invalid in the eyes of the law. It must have also been in place for at least 21 days before the marriage takes place and be reviewed at regular intervals throughout the marriage to ensure that they include any new assets.

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Family Law – Cohabitation Contract

Writing up a cohabitation contract will help identify specific practical guidelines for cohabiting couples. These guidelines should be gone through as early on as possible so that everything is clear and less painful if the relationship breaks down. The agreement is completely subjective depending on the personal situation of the partners, no cohabitation contract will be the same. When drafting a cohabitation contract it is wise to think about some specific factors to include within the document. Look at the purpose of the agreement you and your partner are entering into, such as if you want the agreement to be legally binding or merely a statement of expectations? It is worth considering the length of time the agreement will cover and arrangements for any children you may have, such as arrangements for maintenance if in the event of a separation.

You should also think about how you will treat property that is owned by one of the partners and will the property acquired during cohabitation be shared equally or in proportions to what is set out in the cohabitation contract. You should focus on how you will deal with debts that you may have at the beginning of the cohabitation relationship and consider whether it is necessary to make a statement of what each currently owes. It would also be an idea to look into the topics of inheritance and Wills; such as, anything would you leave to each other, if you do not make a Will including then neither will be entitled to anything. The next and almost the most important provision you should include in the cohabitation contract is how you will resolve any disagreements. This could be through the use of a professional conciliator or even mediation may be the right way to go about resolving any differences.

If the relationship breaks down and there is no way of sorting the dispute out in a friendly way, and you find that the dispute is over how to work things out, referring to the cohabitation agreement is the best course of action and setting it as a binding precedence would then be a way of avoiding any ambiguous or vague oral agreements as such. It is a contract is a way and therefore it is important that it meets all the legal requirements for a valid contract.

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Where To Find A Great Trial Lawyer

Most people don’t have the first clue about finding a good lawyer. Hiring the wrong attorney can make your legal issues even more frustrating. Use the advice below to see what qualities to look for in a lawyer.

Always obtain some background on an attorney before hiring him. A lawyer may have his or her own practice, but this does not always equal success. You must learn the record of the lawyer you’re looking at hiring.

A good criteria in choosing a lawyer is how accessible he is on a normal day. Not being able to reach their lawyer is a very common complaint that people have. You aren’t going to want to be worrying about your case while your attorney is having fun on a week long golfing vacation.

While it’s true that you are the employer in a client-lawyer relationship, you must also have faith in your lawyer’s insight. If you do not feel comfortable with something they tell you, it is okay to speak up. Your attorney is one your side. However, you are but one of the many cases they handle.

Speak with your friends and family prior to conducting lots of research. Your relatives, friends and neighbors might have dealt with a stellar lawyer in the past and pass along his name. This will significantly benefit you and reduce the amount of work you have to put into researching on your own.

When searching for a lawyer who specializes in business, try getting recommendations from businesses. These companies provide services to some top legal players, so that may help you locate some good lawyers. An estate broker might be a good place to look if you have an interest in small business law. Those who stay in contact with lawyers often can give better recommendations.

Don’t give your lawyer lots of money up front to accept your case.` If they are given a retainer, you have to make sure any unused amount is returned to you. Try to find lawyers who offer a small retainer, so that you do not have to break the bank with your legal counsel.

Only hire a lawyer you can trust. This is the most important thing, especially if it is a long-term lawyer. Some lawyers request the signing of blank checks and retainer fees. You must be able to trust them with your wallet. Stay protected.

Always communicate clearly with your lawyer. If you have deadlines with regards to your case, you need to supply your lawyer with all the necessary information that is needed. You will only help out your case if you communicate well with them.

The Internet can help you find a lawyer, and you may find that using a service is the right choice for you. Background research will also be required before you hire any particular lawyer.

You should always show up prepared when meeting a lawyer. They’re paid hourly. Therefore, you are charged when you have to look for paperwork, call back for advice or talk about questions you have. That means if you’re prepared, you’ll pay less.

There are worker’s compensation lawyers. Legally, a lawyer may be able to help a person get worker’s compensation claims settled. This goes for family members as well. It can be hard to make sense of someone else’s financial records and insurance policies. Bring all of your information to a lawyer to get the highest level of clarity.

While your case may be your main concern, the lawyer won’t see your case the same. In fact, your attorney may have other cases that are more pressing than yours. Remember that your urgency will not be shared, so give him some slack.

It is difficult and time consuming to find a good lawyer. However, once you learn from the information above, you will have a much easier time. You’ll find a great lawyer who will dedicate themselves to your case.

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