How Does Probate Apply to Me?

Protecting your family and your property are our primary concerns at Dewitt Law Firm. We will guide you through the probate process with personal care and attention to your quality of life, and will answer your questions about:

  • Who gets the home? – Adult children, a charity or extended family?
  • Beneficiaries and Trustees – Who decides how your estate is distributed and who benefits from it?
  • Revocable and Irrevocable Trusts – Keeping assets under your control or locking them away for the family.
  • Vehicle titles – Assign who will receive them now.
  • Survivor responsibilities – Who do you want taking care of the home, property?
  • Children under 18 and Guardianships – Who cares for your children and who makes parenting decisions?
  • State entitlements – The state can make claims against your property unless planning happens now.
  • Court Costs – Legal and court fees can be staggering and can exhaust the assets quickly.
  • Insurance payments – Life insurance payments and how they are used to settle final debts and disbursements.
  • Estate taxes – Final and unexpected taxes can be levied against property and assets.

by DeWitt Law Firm, PLLC

When Choosing a Wrong Lawyer

There would be a huge amount of consequences if you choose a wrong lawyer. From an innocent defender, you were judged to be guilty. The person you blame on is the lawyer that you hired. This kind of staff happens not uncommon as might be thought. Just by telling all the details to a lawyer of low skill and competetence, the lawyer could even betray you! If you’re smart about whom you choose, however, you can avoid these pitfalls. There are 5 warning signs to be aware of to avoid the same situation should you need to go to court to prove your innocence.


Let’s begin by looking at the first red flag when selecting a lawyer to represent you: they don’t seem to listen or write much down. If you’re smart, you’ve already compiled the details of your case on paper or through a recording of some kind. Your lawyer should be an excellent communicator which means that they not only ask the right questions, they listen. As the old adage goes, “listen first, and then speak”. Your attorney should be not only telling you what you can expect as the phases in the trial progress, they should be collecting your notes, listening thoroughly to your details, and asking questions that prove they have been listening.


Next, look out for attorneys who can never meet with you to work on your case. Sure, lawyers have court dates almost daily, but will your lawyer make time for you in, say, the next week to discuss their strategy with you and keep you informed? Too many victims of poor legal representation go for weeks or months without hearing from their lawyers and they simply assume they are busy and are “working on it”. Not true! Don’t settle for anything less than face-to-face meetings in a timely manner. After all, you’re paying THEM!


The third sign of caution is a lawyer who forgets to file paperwork on time or doesn’t file it at all. I had a lawyer once who forgot to file some kind of special appeal for me and as a result, we missed the deadline, lost the case, and were denied further appeals. There is nothing more infuriating than dealing with someone who is incompetent. If you see even one court-required document get tossed by the wayside, run for your life and get someone capable who can better represent you.


The last 2 things to look out for are dishonesty and a bad reputation. Ok, let’s start with the dishonesty. This stomach-turning flaw can manifest itself anywhere from billing you incorrectly for time they worked on your court documents to joking about lying or cheating to “break the ice” with you or others. This is not a good way to start a professional relationship where so much is riding on this person’s success with your case. The final red flag is a bad reputation. You can easily find this information online by going to Google. Since I live in the San Diego area, I would search like this: “criminal defense San Diego” or “criminal law attorney San Diego” and then add the word “reputation”, “referral”, or “excellent” to the phrase. This will narrow the search results to actual attorneys in your area who you can read about and who come highly recommended by others.


Remember to choose your attorney wisely and you’ll reap the results of a smooth process along the way, a defense that properly reflects your innocence, and the outcome you deserve!


For more tips and information about criminal defense San Diego, please check out:

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Probate Administration

Probate is the legitimate procedure of managing the estate of a dead person by determining all claims and allocating the dead person’s property under a lawful will. A surrogate court resolves the legitimacy of a testator’s will. A probate reads between the lines the guidelines of the dead, chooses the initiator as the personal representative of the estate, enforces the provisions, prevents malfeasance by executors and judges, the interests of successors and other parties, who may have claims against the estate. Similarly, probate courts provide impartial propagation of the assets of people, who die intestate (without a valid will), such as by granting a grant of administration giving official approval to the personal representative to manage problems of the estate. They also deal with matters, which may comprise conservatorships, guardianships, name changes, marriages, and adoptions, though these issues are allocated by family courts.

In challenging matters, a probate court scrutinizes the authenticity of a will, and thus, decides who is to receive the dead person’s property. In a case of intestacy, the court determines who is to receive the deceased’s property under the law of its authority. The probate court will, then, administer the process of distributing the deceased’s assets to the proper beneficiaries. In some jurisdictions, such courts are also referred to as orphans courts, or courts of ordinary. Not all jurisdictions have probate courts. Thus, they are handled by chancery court or another court of equity. The court has the authority to compel the executor to give an account of his actions.

Since probate administration is a procedure by which a will of a deceased person is proved to be lawful, such that their assets can, be transferred or reassigned, in due course to recipients of the will. As with any legal ensuing, there are procedural aspects to probate administration, wherein the creditors need to be informed, and at the same time, legal notices need to be sent to them. Distribution of assets, in the right mannerism, takes the creditor’s rights into account. Thus, the facilitators of the will need to be channeled. A requisition to appoint a personal representative may need to be filed and Letters of Administration should be obtained. Small holding property must be dealt with discretely from the other assets. There are time dynamics involved in filing and objecting to claims, which go against the estate. There may or may not be a grievance pending over the decedent’s death or the other possibility could be pending suits that are now continuing.

There may be separate procedures required in intense probate cases. Properties or real estate may need to be traded to effect the precise distribution of possessions that are pursuant to the will or merely to pay off debts. Estate taxes, gift taxes or even legacy taxes must be considered, if the estate surpasses certain thresholds. Ordinary taxation, such as income tax on interest and property taxation, will be withheld from possessions in the estate, before there is any distribution by the executors of the will, which are the costs to the management, whereas the other assets may merely need to be transferred from the deceased to his or her beneficiaries as per the will. To arrange certain possessions in the estate, it is vital to sell the illiquid assets as well as real estate. Some of the decedent’s property may never enter probate, because it passes to another person on a contract, such as the death continues of an insurance policy insuring the decedent or bank or retirement account that names a recipient or is owned as payable on death, and property legally held as jointly owned with right of survivorship. Property, which is held in a revocable or irrevocable faith created during the grantor’s tenure, avoids probate. New York’s court can take no action, thus, the property is distributed privately, subject to estate taxes.

For instance, if the decedent died without a will, the estate will be distributed according to the laws of the state from where the decedent lived or was held by the court. If the decedent died with a will, the will usually names an executor, who organizes the decedent’s assets. The probate and administration law court can appoint one for probate administration, if there is no will or no name that has been given. Sometimes, the executor cannot administer the probate, or may wish to have someone else do the same. That’s when another person is named as an administrator. Thus, the respective person may receive compensation for his service.

Paul is a admitted to practice both in New York and Florida, and has many clients with residences in both states. He is also admitted to practice in the United States Tax Court as well as the Southern and Eastern Districts of New York. He is a member of the New York State Bar Association, Westchester County Bar Association and Florida Bar Association. He is an active member of the Estate Planning Counsel and has also served on the Executive Board for the Tax Committee and the Trusts and Estates Committee.

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Choosing A Work Injury Lawyer

Have you been involved in a work accident and are now considering making a claim.  You already know that the best way to go about making a claim is with the help of a lawyer.  But is it easy to find a work injury lawyer who can help you recover the rightful compensation? Your choice of a work injury lawyer is paramount and a bad choice would mean getting very little compensation or no compensation at all.  You may even end up losing a lot of money if you do not make the right choice.  So how can you choose a lawyer who is right for you?

Here are some tips for choosing the right work injury lawyer.

First of all, you must make sure that the lawyer you choose works on a contingency fee basis.  These days, you will find many offering this service, but you must also ensure that there won’t be any hidden surprises for you once your claim is in process.  For example, once your lawyer decides to handle your work accident claim using the risk free no win no fee service, he should be responsible to bear the costs of the legal proceedings.  Basically, you should in no way be required to fund your claim.  A good work injury lawyer will never ask you to pay court filing fees or bear the expenses for independent medical reports.  A genuine no win no fee means no money paid to the lawyer until you win compensation. 

When you visit your lawyer for the initial consultation, he should be keen to listen to the circumstances and facts surrounding your accident.  If he doesn’t show much interest, it means you need to look for someone else.  A good work injury lawyer will work with you closely and try to understand your case as much as possible during the initial consultation.  If he doesn’t take the time to understand your case, he wouldn’t take the time to fight for your rights and help you secure substantial compensation. 

In addition, a good lawyer will listen and then explain everything that you need to know.  He will provide an approximate timeline, an approximate value of your claim and what the claims process will involve.  A good lawyer will not confuse you with legal jargons, but use simple English to help you understand things better.

Lastly, your work injury lawyer must return phone calls and be available to assist you when the need arises.  Someone who doesn’t return your calls or doesn’t have the time to provide assistance when it is needed is definitely not the right choice for you.

Start a work accident claim today. Visit our website and get in touch with a highly experienced work injury lawyer in the UK.

California Estate Planning

You may think California Estate Planning is a bit different from Estate Planning in other parts of the US but one way it is the same as anywhere else is that California Estate Planning helps guarantee that an estate will be divided equitably between beneficiaries. The estate is composed of a person’s possessions accumulated during his life time which may include life insurance proceeds, pensions, retirement funds, bonds, shares of stock, bank accounts, real estate, automobiles, and even furniture and books. The will of an estate owner can be made as a holographic will, a form will, and a “third party” will.

The Estate Planning Law Firm you select must be an expert in the laws governing wills and trust in your state and area. Ask the firm what is the mandatory minimum legal age for creating wills and trust is for your location, which will dictate when you can start estate planning. Regardless of the kind of Estate Planning Law Firm you select, you must prove to them that you are of sound mind and have no mental disabilities that would prevent you from lawfully making a will or trust. If you are unsure about the laws governing estate planning in your situation, you should use the services of an Estate Planning Law Firm.

When searching for an Estate Planning Attorney, you can’t go wrong contacting the American Academy of Estate Planning Attorneys to get a shortlist of names of lawyers that specialize in Estate Planning in your area. The work of an Estate Planning Attorney is no longer limited to the drawing up of wills governing the estate of wealthy folk. Rather, the practice of Estate Planning has grown to include other areas too such as gift, legacy, disability, medical, charitable, business succession, retirement, and financial planning as well. Anyone who has an estate to protect can benefit from the services of an Estate Planning Attorney.

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Choosing a Criminal Lawyer

Choosing a criminal lawyer will help you to get out of legal difficulties and can defend you in court for a vast number of charges. This can give you a great number of advantages in a court case and drastically increase your chances of success, but the advantages go deeper than you may at first realize.

First of all it’s important to recognize that choosing a criminal lawyer will mean that you have someone who is better trained in the law than you. Because they know the law inside out they will be able to better find holes in the prosecutor’s argument and they will be able to know what is more likely to be the outcome. They can advise you on your course of action – whether you should plead guilty or non-guilty and they can help you to at least get a reduced sentence or fee if you can’t get away altogether

Furthermore they are also useful for many other reasons. A criminal lawyer will know the judicial system inside out and this will allow them to tell you what’s likely to happen and to prepare you for your likely fate. This can also help you to feel a lot more comforted knowing what’s going to happen next and the procedure, and can make what’s already a distressing experience a lot less stressful – which is something that many people don’t consider when thinking about criminal lawyers. They can tell you when you have to answer to questions and they can even help advise you on how to deal with the press if it’s relevant.

Finding a good criminal lawyer then is important, and while any lawyer will help you to get through your court case, making sure you get one who is at the top of their game will help you to get the best possible outcome.

First of all you must make sure that the lawyer is going to be as specialized as possible. You want to have a criminal lawyer, not just a ‘lawyer’ as they will have the best idea of the law pertaining to your situation as opposed to a more general but less in depth knowledge. Likewise though you might be able to find a lawyer who deal specifically in your area of the law. If you are in trouble for instance for art theft then you might be able to get an art lawyer, or if you are being sued for copyright you might be able to get a copyright lawyer.

Look at your lawyer’s past experiences too and this will tell you whether they have dealt with similar cases in the past, and whether they have been able to be successful. You may even be able to contact and discuss with their previous clients. If you know someone who has successfully used a criminal lawyer in the past then they will be able to help you.

Finding the lawyers means looking online and you can do this by searching in Google for lawyers in your area, or by looking at comparison websites. From there you can discuss rates, look at testimonials and read more about each potential candidate.


Hopefully you will never have a need for a criminal lawyer, but when I did, I used this criminal lawyers Melbourne based firm. The reason I had to use them was to keep my drivers license, and they have dedicated traffic lawyers in Melbourne suburbs.

Choosing a good investment lawyer

Making a good investment is a nice way to increase your finances. At the same time, it must also be noted that there is a huge risk in nearly every investment that a person makes. The current conditions with regard to investment regulation are extremely complicated and a person cannot understand all of them on his own. The role of an investment lawyer is to help you understand and navigate the muddy waters of modern investment world while minimizing the risk involved.

It is of prime importance that just like you perform the due diligence before making any investment, you should also conduct proper due diligence before you engage the services of an investment lawyer. If you do not hire a properly qualified and experienced investment lawyer, you will end up in more trouble and loss.

First of all you need to check is how well versed the lawyer is with regard to the various investments related legal provisions. Just like you will never visit a heart surgeon for a pain in your teeth, it is important to consider that the investment lawyer is the person to handle your investment related legal problems. Investment Lawyer specializes in such cases. Make sure that you check the appropriate case history of the matters handled by the lawyer.

Second thing that you need to consider about choosing the right investment lawyer for your matters is that the lawyer should be properly licensed to practice in your state as well as the state in which the proceedings will take place should any untoward happening occur and the need for legal remedy arises. Unlicensed lawyer has no locus standing in front of the court of law. It may even lead to problems like mistrial and obstruction of justice all of which will have significant negative impact on your chances to emerge victorious out of the litigation.

Third thing that you need to check is the success history of the investment lawyer. This is important because you do not want to hand over your case to a person who is prone to losing every case that he pleads for! While there is no rule of thumb here and even the best investment lawyer might have an unlucky run of lost cases, you would not want to go for a lawyer whose overall success ratio is 50% or less!

Fourth thing is that you should consider the charge of investment lawyer. Some lawyers might charge you on a per hearing basis whereas some lawyers might want to settle for a lump-sum fee, no matter how long the trial runs. Depending upon your choice, your financial condition and most importantly the condition of your case, you might want to arrive at the best possible charge model.

Finally, whatever decision you make, just share all the material facts with the lawyer and do not hide anything. Unless your investment lawyer knows everything there is to know about the case, he will not be able to help you much.

Mark William is a famous investment Lawyer his knowledge on investment. We are investment Fraud lawyers and we handle investment loss cases that cover everything from Lehman Notes to UBS Structured Notes. If you want to know about Investment Lawyer, Investment Fraud lawyer and Lehman Notes lawyer Visit us:


Choosing The Proper Lawyer

When it comes to hiring a lawyer, it is important that you make the right decision. This is going to be the person who represents you in court and looks out for your best interests.

Choosing a lawyer can be similar to picking the strongest man to represent you in a battle. You do not know exactly how well he is going to perform against the person that your opponent chooses and so you have to pick the best one that you know of.

Finding the best lawyer to represent you among hundreds or even thousands can be very difficult. However, there are several guidelines that you can follow to help make the right decision.

The first thing you need to realize is that not all lawyers are equal and that you have a choice in who you will allow to represent you. Sadly, many people do not realize this and they hire the closest attorney to their home.

Many of these people are not represented as well as they should be because the attorney they chose is not part of the cream of the crop. Be sure to talk to several different attorneys to discover which one is the best.

Ask them hard questions about their experience and education. Thoroughly interview them and talk to them about your case to see if they could help you.

When you talked to all of them, decided on which ones you feel are the most qualified and which one you trust the most. As you begin this process it can be very helpful to get recommendations for attorneys from family members and friends.

The second thing you should do is become goal focused instead of emotionally based. Too many court cases are filled or biased by emotion.

Although this sounds heartless, you need to take a step back and look at the raw facts without emotion. Emotion in court could hurt your case instead of helping it.

In fact, it will not help your case at all unlike other situations in life. Too many people only think about hurting the other person as much as possible as a reaction to their pain, frustration, or anger.

As a result, they do not get as much out of the case as they could have otherwise received. It is important at certain points to remove these feelings of emotion in order to stop and think about where they want to be when all is said and done.

By deciding on what your end goal is your attorney will have much more direction on how he or she should conduct the case. Your end goal may be something such as that you want to have won a certain amount of money.

As you have a focus, the lawyer will be able to do his or her job more effectively and you will save money. Having something to work toward is critical to the success of your case.

The third thing you will want to make sure you do is critically evaluate the customer service of your lawyer the first time that you walk in. There are thousands of lawyers waiting to help you that are qualified and would do a fine job.

As a result, you should not have to end up waiting an extended period of time in a waiting room to meet with your lawyer. If you end up waiting for a long time the first time you go in to meet him or her, this is a very bad sign and you should mark him or her off of your list immediately.

Waiting is a completely normal part of a visit to the doctor’s office because health can be a life or death issue and if something comes up, it usually has to be taken care of. In addition, there are not enough doctors to go around, so it is necessary that you take turns waiting for service.

Now, the lawyer does not have to be promptly on call every time you need him or her, but when you have a scheduled appointment, you should not have to wait an extended period of time to meet with him or her. It is important to discuss with a lawyer how he or she will primarily relay information to you.

Decide whether it is best to always meet in the office, communicate by phone, or send emails. In addition, you should never feel like the lawyer is talking down to you, but that he or she is treating you with the respect you deserve.

Tom Selwick has been working with personal injury law in Arizona for the past 10 years. He has written hundreds of articles dealing with the subject. He recommends this Personal Injury Attorney Phoenix.

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