Rockland County Real Estate Case Study

According to probate law, most of your assets will have to be processed by the court before your descendants can inherit them. This includes anything with a title or deed that will have to be legally transferred into the beneficiaries name, like real estate or automobiles. Other items, such as personal possessions, valuables, and even those that only have emotional value for your family members, are also considered part of your estate and must be distributed by the executor of the will.

If you die without having a will created the estate assets become frozen and the court manages it. No thought is put into the deceased family. A living will is a document that talks about if a person become extremely ill they do not have to be kept alive by medical machines if they don’t want to be. Everyone should obtain life insurance so when they die there living family members will be provided enough money for a standard life. Between your living estate and insurance you must have enough money to cover all debt, future obligations, and supporting your

On a living will, an individual can express if they would prefer not to be resuscitated or if they don’t want to be living artificially on life-support. Additionally, living wills establish a written declaration of a power of attorney, establishing a person who may legally speak on behalf of a patient who is unable to do so. Living wills are crucial pieces of documentation that are necessary for the dignity and wishes of a person who may fall unexpectedly into a life-threatening condition. If a person does not wish to live artificially on life support, a living will may be the only documentation that can secure their right to die with what they choose to be a dignified death. Unfortunately, living wills are not too common, resulting in countless Americans whose lives are extended long after they wish to live. In order to get a living will, one can either hire an attorney and have the attorney draft a living will or there are templates available that can be filled out and submitted for notarization.

Sadly, this isn't the case, as every estate goes through the process, as it must be determined who gets his or her assets. Debts must be paid, assets distributed and the final wishes of the deceased respected, when possible. There are laws governing the process, and they tend to be complex.

You should meet with a solicitor as soon as possible to set up a Will containing a testamentary trust. You should also appoint a Power of Attorney as soon as possible.

Thankfully, there are ways to minimize the amount of probate your family and friends will have to go through. Work with an estate lawyer to find alternate ways to divide your

A Change In Your Family: These changes include fathering, giving birth to, or adopting a child or children; getting a divorce; or the death of a family member. In these instances, consulting a family law, wills, or probate lawyer is a key step you should take.

If you want to understand your legal rights and responsibilities, turning to the Law Office Of Michael A. Laux for the guidance of an estate planning attorney may give you the information you need. We can show you how estate planning is something you can do for your family and make things simpler for them.

When two people own property together as joint tenants, there is a right of survivorship after death. For example, if a father and daughter purchased a car together, both would each own a one-half interest in the car and would each have the right to use the vehicle during their lifetimes. After one person dies, their one-half interest automatically transfers to the other person, without needing to go through the probate court.

Wrongful Death claims can be pursued by the decedent’s surviving spouse, domestic partner, children , and issue of deceased children, or if there is no surviving issue of the decedent, the persons including the surviving spouse or domestic partner who would be entitled to the property of the decedent by intestate succession. There are other potential claimants under certain circumstances so its best to contact an experienced personal injury attorney for further analysis .

Sometimes the state may limit or prohibit an inheritance. This would be done for public policy reasons. For instance, two or more potential heirs die at the same time (perhaps in the same event of accident). The difficulty of providing which of the two potential heirs died first, second, third, etc. will often result in the state’s adoption of the Uniform Simultaneous Death Act. Under this Act, if one potential heir does not clearly survive the other potential hear by a certain amount of time, both will be treated as having predeceased the other. This results in equal shares of their jointly owned property being distributed to the heirs of both potential heirs. In addition, public policy could limit or prohibit inheritance of a person who was involved in an intentionally killing that left them benefitting from the act, i.e. if the killer would benefit from the victim’s death. In this situation the potential heir or “killer” would be treated as predeceased. Public policy can also block inheritance by an illegal alien unless there is a treaty in place between the United States and the appropriate foreign country that would allow the

Normally, the “Will” validly applies to Alvin’s both personal and real property in creating a testamentary trust which takes effect after his death. Unless otherwise, the state may consider other successor executor such as family members or a disinterested

A probate court judge doesn't care about friendships or personal relationships. He will divvy up assets based on legal and blood relationships, which means your close friends and intimates may receive nothing. Of course, that is not the only reason you need a legally-binding last will and testament.

On January 16, 2009, the Sarasota County Board of County Commission granted approval of a rezoning from Open Use Rural, 1 unit/10 acres (OUR) to Residential Estate, 1 unit/2acres with a binding site plan named Boleyn Lake Estates. The original project was approved for the development of 25 lots consisting of single-family homes. This approved project was designed in accordance with the Sarasota County Conservation Subdivision zoning regulations. As the major objective originally and currently for this Conservation Subdivision is to reduce land impacts while embracing the natural systems for the subject property.

When most people think of probate attorneys, they often think of an attorney that is needed to disperse assets after a family member has died, and it is true that this is one of their functions. But there are many services they provide while an individual is still alive, and the more you can take advantage of these services now, the fewer problems there will be after your death. The following are among the most important services this type of lawyer can provide you.