Probate of Will- Difference Between Notarial and Holographic Will

When a loved one passes away, it is your responsibility to seek a probate attorney to assist you in wrapping the deceased assets. If you are listed as the appointed executor of a will, the court typically appoints an attorney who is paid by the state to act on behalf of the estate. The individual is also required to register with the state as a representative of the estate. If you are not appointed an executor, the court will appoint an “expert” to perform the duties of an executor.

 

probate lawyerIf you are not a member of an estate in a will, you will have to choose a probate law firm. There are many firms to select from and they advertise online and offline. When choosing a probate lawyer, you will want to find one that is experienced in all types of probate laws. Many people feel overwhelmed when it comes to choosing an attorney, and may end up hiring the first lawyer they meet. There is nothing wrong with contacting several lawyers in order to get an affordable price quote.

 

Most people find that hiring an “expert” who is not licensed to practice law is an easy process. There are many websites that list “probate lawyers” along with their contact information. You should also check out your local phone book under “probate lawyers” to find a list of qualified probate lawyers in your area. Once you have narrowed down your list of possible attorneys, you should interview each of them. This will give you a chance to discuss the job responsibilities and the work expectations of each.

 

Interviewing potential lawyers gives you the opportunity to get to know them and find out if they are willing to put in the same amount of time as you will put in to help your loved one. You may want to ask if they have ever handled cases similar to the one you need help with. You may also want to ask them about their success rate. You will also want to find out how long they have been practicing law. A good probate law firm has a minimum practice law and a minimum time frame in which they must serve on a case.

 

The next thing you will want to do when choosing a probate lawyer is find out what type of payment arrangements you can make. Many people hire “transactional” probate lawyers to handle the probate process. These types of lawyers are usually paid by commission. If you need extra help with the financial matters, then you may want to consider choosing an “in person” or “short term” lawyer. If you choose one of the in person probate lawyers, then they will act as your representative during the entire probate process.

One last thing to consider when choosing a probate lawyer from Cass and Ramos law office is the amount of time it will take for them to complete the entire process. It is very important that you make sure your executor is selected quickly. The longer the process goes, the less money your family will receive. Many times the person who is responsible for paying the bills ends up owing more money than the person who is actually living in the home. This is why probate lawyers work quickly!

Rules of Bankruptcy- Filing of Petition to Liquidation

The Federal Rules of Bankruptcy Procedure, also called the Bankruptcy Process, are a group of federal procedural rules prescribed by the Supreme Court of the United States pursuant to the Rules Enabling Act, said bankruptcy and financial lawyers in Florida. They are basically the same as those found in civil processes, with significant differences. They provide for orderly debt collection and distribution of properties owned by a bankrupt person or company.

Because the bankruptcy process is governed by federal rules, most states also have their own variations of local rules for filing bankruptcy. But even within the states, there may be substantial differences in the rules. Therefore, it is a good idea to research the federal bankruptcy process as well as the local rules to see what applies to you, especially if you are not an expert on either the federal rules or the local rules in your state.

 

One of the most common differences is in the authority granted to the trustee. In general, bankruptcy cases are filed in U.S. bankruptcy court. However, some states use the local county process, which is similar to the U.S. bankruptcy process. If you are filing for bankruptcy in a different state, researching the process for the specific jurisdiction is important.

 

Another significant difference between the federal bankruptcy laws and the local ones is in the trustee’s duties. Trustees in most states are prohibited from dealing with debts in any way that does not advance the recovery of the creditors’ principal. This means that a trustee cannot allow a debtor to pay unsecured debts with another lender to avoid payment of the debt owed. A trustee also cannot hold property in trust for debtors who do not intend to repay the debts.

 

Bankruptcy lawyer in FloridaOne of the other major differences is in the means test of bankruptcy. Under the federal code, debtors need to prove that they are unable to pay the debt. The means test, however, is not limited to the inability to pay. It also means that if an adult child is bankrupt and is able to continue living independently, the parent’s assets will not be subject to bankruptcy proceedings. On the other hand, in the united states test for bankruptcy, an adult child is required to prove that he or she is indigent.

 

One final difference between the federal and local bankruptcy codes is in the reorganization plan provisions. While most states require that a debtor establish an account for managing his or her affairs and providing security for creditors, the federal code does not. Instead, the bankruptcy code provides that a debtor may reorganize his or her debts into one debt with one monthly payment, using a regular repayment amount determined by a bankruptcy judge. Although most creditors support the reorganization plan, the courts often prevent them from limiting certain assets of the debtor.