Probate Lawyer – Do I Need One?

Probate lawyers offer their services for the settlement and distribution of your assets after you have passed away. Probate lawyers can be hired in situations where you have a will and also in situations where you haven’t decided on a will. Deciding whether to hire a probate lawyer or not is a decision that keeps a lot of people confused. In this article, we look at certain reasons why choosing the services of a probate attorney might prove to be beneficial for you.

When a loved one passes away, it is already a difficult time for the family and nobody would like to talk about assets or money in such a situation. By hiring a probate lawyer, the process of distribution of assets and settlement of debts can begin quickly, allowing for the to have their fair time for grieving and not have to worry about the delay in the distribution process.

Another big reason to hire a probate attorney is the amount of legal expertise he/she has. When faced with such a situation, you may not be able to know exactly what the laws are regarding the estate distribution and other matters. Hiring a probate lawyer can prove to be beneficial since they can offer you their expertise and make you understand the legal aspect of the whole process. They will settle the matters in such a way that no legal issues will arise later on.

By using a probate lawyers help, a lot of families can stay united at such a hard time rather than have disputes over the contents of the will. It is rare to have a situation in which all the family members agree on the contents of the will and the way in which the assets are distributed following the death of a person. When a probate lawyer is involved, the families do not see the distribution coming from a biased party and hence are more likely to accept the manner in which distribution and settlement will take place.

If there are any debts that are needed to be settled, a probate attorney can help you challenge those debts in a probate court in case there is any kind of manipulation on the part of the creditor.

There are also cases in which people need the help of a probate lawyer in order to change the contents of the will. This happens when people refuse or do not wish to receive what is left for them. This can happen due to many reasons. One could be because of the tax implications that having a particular asset could bring. When this happens, it is better to go to someone with sufficient experience in handling such situations. Changing the contents of the will is something that cannot be executed by any person and hence requires a probate lawyer’s help.

In the end, you could conclude that having a probate lawyer to carry out all the final affairs of the deceased person is a better idea than having possible fights between family members who are left to sort things out on their own during a difficult time.

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All You Need to Know About Family Law

Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law has to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law, it is for the concerned organization. This article will deal in detail with family law. To know more continue reading.

Definition

As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head who has the final say in such matters. A family seeking judgment must make an appeal before the court of law and have to patiently wait for the proceedings to take place.

Some Common Terms Related to Family Law

Marital Property- The property attained by either of the spouses during their marriage. This property becomes the point of division if they want to get divorced.

Emancipation- If the guardian of a minor dies, and if through court proceedings assumes adult responsibilities and becomes self-supporting for his or her own welfare. In this case, the minor does not remain under the care of his or her parents.

Prenuptial Agreement- An agreement, made before the marriage of a man and woman where they give up any future right to one another’s property in case of divorce or death.

Alimony- An allowance given by one spouse to another to support themselves after divorce or legal separation.

Paternity- This means to establish a confirmed identity of a child with his or her biological father.

How Are the Family Matters Solved?

If there is an issue in the family, which the members are not able to solve by themselves they can seek the local court for justice. In the first place, they must approach a lawyer who deals in such types of cases. Discussing the matter with him or her and taking an advice, one can submit their appeal to the court. The court through its several sittings will listen to the case and offer a suitable solution for both the parties.

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Why Should We Hire Family Law Practice

Family law can be defined as a practice that is closely concerned with the legal issues that have to do with family relationships like child custody, divorce and adoption. The lawyers who practice in this area usually deal with divorce, child support and so on. There are those that choose to specialize in emancipation, paternity, and adoption or any matters that relate to divorce. Formal requirements have to be reasonable and that is usually determined by the state. This includes things like legal capacity, age and same sex marriages. The state is also responsible for setting out the procedures and the rules that govern divorce as well as other matters related to family law.

Important terms to family lawyers

Emancipation: this is a process of the court whereby a person or a minor is allowed to be self-supporting. This means that he assumes the responsibilities of an adult for his welfare and won’t be under the parents.

Marital property: this is the kind of property that was acquired by a spouse while they were married and that needs to be divided when they divorce.

Alimony: this is the allowance that is given to a spouse for support when they are legally divorced or separated or when they are awaiting either of the two.

Paternity: the descent or origin from father. Establishing paternity means that you are confirming who the biological father of the child is.

Prenuptial agreement: this is an agreement that is usually made between two parties before they get married. Here, future rights to property are given in case death or divorce occurs.

Why hire a family lawyer?

Many of the family lawyers offer their services during divorce proceedings and other matters that may be related to divorce. Family law is a broad practice however, and it includes areas like reproductive rights and foster care. Some of the reasons as to why you may need a family lawyer include:

Divorce: every partner hires a lawmaker who is responsible for the creation of a settlement plan so as not to go top trail. They are usually people who can be able to divide any marital property, proposing child custody scenarios, and also calculating spousal support.

Child support/ child custody: the court orders and agreements on settlement involve support and custody and can be included in divorce cases that are larger. These can be revisited if any conditions change like the financial standing of a parent.

Paternity: sometimes a mother can file such a case as they try to secure some child support payments from the father. Also, a father can file a paternity case so as to be able to have a kind of relationship with a child. DNA testing is used for the determination.

Adoption: foster care and adoption is both complex. The process can differ and usually factors like where a child is from and state laws can affect the process. A family lawyer can be able to handle all these. A foster parent can sometimes adopt a foster child. The entire foster process sometimes doesn’t require any kind of legal representation.

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Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.

Family lawyers and Divorce Lawyers are an important part of our lives and some stressful situations make it necessary to have one, you should seek professional help as so as the need arises so as to handle all matters in a swift manner.

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What To Consider Before Hiring A Divorce Lawyer

Filing for divorce can be quite a stress for both partners, especially if you have been in a relationship for quite a long time. Memories of those lovely times that you two have had before things went sour come flooding back and it becomes really difficult to hold yourself together. Naturally, most people just want to hurry through the divorce process so that they can get some relief from the emotional pain that keeps surging with every passing day.

As such, the choice of a divorce lawyer, in most cases, is done without much of a thought. People tend to hire just about any lawyer who promises a swift course of action and charges reasonably. But decisions, when taken in a hurry, can lead to disasters. A wrong choice of a divorce attorney can end you up in more pain, not to mention the loss of time and money. So, it to be prudent that you try to keep a clear head while deciding on your divorce lawyer and be spared of the horrors.

Factors to consider before you choose a divorce lawyer

Knowledge- Anyone who practices law is a lawyer, but that doesn’t qualify him/her to be a divorce lawyer. So, when you are looking for a divorce attorney, you have to specifically look for a lawyer who specializes and practices family law, more particular divorce laws. This would ensure that the lawyer has broad knowledge in the domain of divorce law and can handle your case quite efficiently.

Experience – Knowledge of divorce laws isn’t enough. A good divorce attorney would one who not only has knowledge in the domain but experience as well. An experienced lawyer will be able to successfully handle even the most complicated divorce cases and help you get the proper judgment and other benefits like alimony, child jurisdiction, etc. He/she will be your friend and guide throughout the entire procedure.

Reliability – Another important factor that you must consider before hiring your attorney is how reliable he/she actually is. A lawyer may be knowledgeable and experienced as well, but he/she may not always be the right choice for you. It has often been seen that popular divorce attorneys who are in high demand often tend to neglect very simple cases where they have very less profits and hand over such cases to a junior or assistant or procrastinate the case until he/she is ‘free’. This can be quite a headache for you. So, it would be wise to choose someone who is actually interested in fighting your case promptly.

Communication – Your divorce attorney isn’t just another lawyer in the courtroom. He/she should be your guide and help you understand every single step of the divorce procedure very clearly. The lawyer must be able to communicate with you in simple layman terms and make you understand what you are going to face, what you need to do, how you should take care of your personal affairs till the divorce is granted and much more. Naturally, a lawyer who is haughty or uncommunicative isn’t going to do you any good. You will never be at ease unless you clearly understand that your case is proceeding in the right direction.

Testimonies – The number of frauds and gimmicks in the legal world is huge and to ensure that you aren’t ripped off or scammed, it would also be wise to check on the personal testimonies of real people who have opted for a particular lawyer’s services at some point in time. If their testimonies speak highly of the divorce lawyer that you have zeroed in on, then you can easily proceed with your decision.

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4 Tips to Hire a Divorce Lawyer

Getting a divorce may be an expensive process. However, you can make the process less expensive by following the right tips to hire the best lawyer. As a matter of fact, the lawyer will help you make sure that the divorce will happen faster. Before you hire a divorce lawyer, do follow the tips given below.

1. Divorce lawyer And a mediator

First of all, you should keep in mind that divorce can happen in two ways: meditation method and the conventional litigation method. Let’s shed some light on both.

In case of the traditional litigation, we suggest that you start off by selecting a family lawyer from a list approved by the court of law. As a matter fact, experts in the field suggest that looking for the biographical information of the lawyers is a good idea. This includes the lawyer’s experience, specialties and the associated law firms.

As far as mediation goes, the process goes through a legal settlement that happens out of the court. On the internet, you can find a host of mediation referral service provides. You can check them out if you want to.

2. Get recommendations

Whether your matter goes to the court or not, you may want to make sure that your lawyer has the required experience and knowledge in order to handle the court matters. You may have problems if he can’t handle your case in the court.

So, how can you get the right divorce lawyer? Actually, the best way is to ask your friends or colleagues for recommendations. They may recommend a good lawyer based on their experience.

Aside from this, you can check out websites offering the services of local lawyers.

3. Interview potential lawyers

The majority of family lawyers offer consultation free of charge. If you have a few questions, you may put the questions before the lawyer prior to hiring them. The question should be related to the experience and specialties’ of the lawyer. This is very important. Make sure you don’t ask irrelevant questions during the meeting.

Also, make sure you consider any red flags. It means that the lawyer should give you straight answers to your questions. If they are unable to give you good answers, know that the lawyer is not worth a shot.

4. Supportive and respectful

Ideally, you may want to go with a professional who is both respectful and supportive. He should have admirable ethics of work as well as the ability to communicate well. Moreover, the lawyer should not create obstacles or unreasonable demands. They should be easy to work with.

The style of negotiation of the lawyer should make sure that the proceedings of divorce would be handled with respect for the involved parties. This will ensure that the process will be free of stress.

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Why No Marriage Is Legal in God’s Eyes

The disgusting, prolonged, and stressful debate on gay marriage in Australia is causing some in the government to oppose its own policies. The argument centres around the legality of marriage between a man and a woman as opposed to that of same sex couples. What most don’t realise is the role of religious convictions behind the refusal of some to justify the union. The Catholic Church figures largely in the current situation.

The former Prime Minister, Tony Abbot, had once belonged to a Catholic Seminary where he was training to be a priest. His ties with the then Archbishop of Sydney, George Pell, was an obvious influence in his position of not allowing same sex marriage. Ironically the latter is facing charges of paedophilia and is on leave from his role as number 3 in the Vatican.

Marriage was never a consideration of the Universal Spirit, the real God. Following my reincarnation, it led me back to Babylon to understand where marriage originated. The shock is that the Mother God of that city was ‘Mary’, the sun. Stylised into a woman men could ‘marry’ Mary by dying on crosses at dawn and rising with the sun.

Crucifixion was started there and carried forward in the Catholic religion after Constantine, an Islamite and descendant of its people, established the Catholic Church based on the same principles. Marriage is forbidden for priests who are deemed married to Mary.

As sex is an essential part of life such men who are struggling with hormonal needs are turning to easily acquired victims to satisfy them. Recently a tribunal in Australia has heard from hundreds of adults who were sexually abused as children by such priests and others.

Sexual partners are provided by God and throughout the animal kingdom there are examples of same sex mating. It has been recorded from insects to whales and everything in between. As humans are part of the animal kingdom the question is why should it be that human mating is any different or that chosen partners have to be of the same sex?

Formal marriage is a religious requirement and has never been addressed by God in any prophecy or in the bible. Much of the Old Testament is corrupted by men for religious reasons while the New Testament is a Catholic produced document initiated by Jerome.

So while the debate over gay marriage gets many riled up and the majority of Australians calling for it surely the time has come to ignore religious requirements and go for it. With people like Pell now out of the circle of influence there is no excuse for the current Prime Minister to hold up laws allowing it, especially as the pressure to do so is great.

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