A probate is an inquiry into the wishes of a deceased individual when it comes to how their estate will be distributed. There are many different reasons why a will probate is a good idea. Generally theses reasons will have to do with ambiguity involved with the process of the transfer of an estate when an individual dies.
Examples of when it's good to perform a will probate include-
No Will
If there was no will at all involved in the estate, then a will probate is definitely necessary. This is because there is a high probability there will be contestation among the various interested parties in the estate, such as children, spouses, and anyone else who can prove the possibility of being intended to receive benefits from a deceased individual.
Usually a will is exactly the document that does this, but in cases where there is no will, a will probate will be necessary to figure out where all of the different parts of the estate should go. In these cases, a will probate lawyer is also a good idea to defend the individual rights of interested parties in the estate.
No Other Names On Property
In many cases, there will be cosigners for property, so they are obvious beneficiaries of becoming sole owners of parts of the estate that they also are named on. But if the deceased individual is the only one who has his or her name on any parts of a property at all, then a will probate is necessary in order to facilitate a transfer of the will to the proper interested parties.
Deceased Beneficiaries
If beneficiaries of a will are already dead, then a will probate is necessary to determine where the estate will go after that particular individual has passed. This is because it won't be immediately obvious where the estate should go if the only people named in the will are already dead.
This is also the case if no beneficiaries are actually named in a will probate.
Joint Ownership Cases
In cases where the deceased is named on a property, a will probate is required in order to take the deceased individual's name off of a particular piece of property or estate since you can't really leave that name on the property title. It will be determine through the will probate where that apart of the ownership should pass.
This can be complicated depending on the estate in particular. It also depends on how much of the property the deceased individual previously owned.
Whenever dealing with legal matters, such as probating a will, speak with an estate probate lawyer.
Visit www.bcestateprobatelawyer.com
Thursday, January 5, 2012
Tuesday, January 3, 2012
Will My Divorce Go To Trial If I Hire A Divorce Attorney?
A divorce attorney can help reduce the chances of a divorce case, I that's something you want to avoid. It can be a painful thing to confront a former spouse in court, especially if they have moved on and have a new significant other in court with them.
It can also be painful if the spouse is trying to push every advantage they have against you. In this case, the divorce may actually make it to court. The key issue about whether a divorce will go to court or not is whether it's contested, and to what degree it's contested.
If you really don't want a divorce to go to court, then the simple way is to get your divorce attorney to come to an agreement with your spouse, probably through their divorce attorney.
Contestation
Any serious kind of contestation, like who should have custody of the kids, or who should own a particular house or piece of land, will likely end up with the case going to court if there is no way to come to an agreement on it.
That said, even if you get an uncontested divorce, it's helpful to consult a divorce attorney.
Spousal support is another area where you and your spouse may come to a contestation. This is because the exact details of alimony and child support can have large and long lasting effects on not just the parties involved, but possibly their children as well.
Formal Versus Informal
Formal hearings require you to go over the details of the case form the very beginning. Informal hearings are simply updating the judge on any new developments in the case.
The number of formal versus informal hearings can determine how much of a hassle a case might be if it does go to trial, for instance.
Divorce Attorneys
The hiring of a divorce attorney is really something you should do especially if you think the case might go to trial. Discussing the possibilities of the case with a divorce attorney might be a good way to determine what the chances are of a trial and subsequent ally whether you'll need a divorce attorney or not.
It's definitely not the case that hiring a divorce attorney will immediately send a case to trial. In most cases, divorce attorneys can help avoid the necessity of a trial by negotiating terms more effectively with each other then you and your spouse were able to do on your own.
Generally, a divorce attorney is a good idea if there is even a hint that the case might end up in trial, since without one you might be quite lost in the legal jumble.
Visit www.bcfamilylawlawyer.com
It can also be painful if the spouse is trying to push every advantage they have against you. In this case, the divorce may actually make it to court. The key issue about whether a divorce will go to court or not is whether it's contested, and to what degree it's contested.
If you really don't want a divorce to go to court, then the simple way is to get your divorce attorney to come to an agreement with your spouse, probably through their divorce attorney.
Contestation
Any serious kind of contestation, like who should have custody of the kids, or who should own a particular house or piece of land, will likely end up with the case going to court if there is no way to come to an agreement on it.
That said, even if you get an uncontested divorce, it's helpful to consult a divorce attorney.
Spousal support is another area where you and your spouse may come to a contestation. This is because the exact details of alimony and child support can have large and long lasting effects on not just the parties involved, but possibly their children as well.
Formal Versus Informal
Formal hearings require you to go over the details of the case form the very beginning. Informal hearings are simply updating the judge on any new developments in the case.
The number of formal versus informal hearings can determine how much of a hassle a case might be if it does go to trial, for instance.
Divorce Attorneys
The hiring of a divorce attorney is really something you should do especially if you think the case might go to trial. Discussing the possibilities of the case with a divorce attorney might be a good way to determine what the chances are of a trial and subsequent ally whether you'll need a divorce attorney or not.
It's definitely not the case that hiring a divorce attorney will immediately send a case to trial. In most cases, divorce attorneys can help avoid the necessity of a trial by negotiating terms more effectively with each other then you and your spouse were able to do on your own.
Generally, a divorce attorney is a good idea if there is even a hint that the case might end up in trial, since without one you might be quite lost in the legal jumble.
Visit www.bcfamilylawlawyer.com
Sunday, December 4, 2011
Is a DIY Divorce a Good Idea in BC?
I find it fascinating to watch how the internet is changing legal services (and of course many other business models). There are some lawyers who provide legal services solely through the internet.
Then there are legal services companies that will process document-based legal services such as incorporations, divorces, Wills, and other similar type of legal services.
Moreover, legal services delivered via the internet is not solely an option in the USA. They're available globally including Canada.
Do-it-Yourself Divorces in BC
The DIY divorce legal service option in BC is growing in popularity. Historically, if people didn't wish to hire a BC divorce lawyer, they would stuck figuring it out entirely on their own. Usually, the sole reason people don't hire a divorce lawyer is the cost. Hiring lawyers can be costly (although not as costly as you might think if the divorce isn't contested).
These days, thanks to the internet, there is a third option, and that is using a divorce service. A divorce service is a service that gathers information from you about the terms of your divorce and then completes the necessary paperwork necessary for your jurisdiction. You still have to file the documents yourself; however, the paperwork is done for you ... usually at a cost much less than hiring a lawyer.
The downside to using divorce services
You don't obtain legal advice. By far the greatest advantage of consulting and hiring a divorce lawyer is that you obtain customized legal advice about your divorce. Therefore, any agreement you enter into, you do so fully informed as to your divorce rights and obligations pertaining to your children and property.
Should you talk to a divorce lawyer?
If you are unsure in any way about your rights and obligations, it's a good idea to at least consult a divorce lawyer. If you reside in BC, then that would be BC divorce lawyer. Moreover, if your divorce is more complex, especially with any substantial property and business interests, it's particularly important to speak with a divorce lawyer.
Keep in mind that once you sign a separation agreement (at least in BC), then you may be bound to those terms. This is why at the very least a divorce lawyer consultation is beneficial. If the divorce lawyer you speak with is of the view the proposed terms are reasonable, then you can use a divorce service to inexpensively complete the forms.
However, it never hurts to ask the lawyer you meet with how much it costs for them to complete the divorce paperwork. You may be pleasantly surprised how reasonable the cost is for solely completing the paperwork under the guidance and supervision of a BC divorce lawyer.
Then there are legal services companies that will process document-based legal services such as incorporations, divorces, Wills, and other similar type of legal services.
Moreover, legal services delivered via the internet is not solely an option in the USA. They're available globally including Canada.
Do-it-Yourself Divorces in BC
The DIY divorce legal service option in BC is growing in popularity. Historically, if people didn't wish to hire a BC divorce lawyer, they would stuck figuring it out entirely on their own. Usually, the sole reason people don't hire a divorce lawyer is the cost. Hiring lawyers can be costly (although not as costly as you might think if the divorce isn't contested).
These days, thanks to the internet, there is a third option, and that is using a divorce service. A divorce service is a service that gathers information from you about the terms of your divorce and then completes the necessary paperwork necessary for your jurisdiction. You still have to file the documents yourself; however, the paperwork is done for you ... usually at a cost much less than hiring a lawyer.
The downside to using divorce services
You don't obtain legal advice. By far the greatest advantage of consulting and hiring a divorce lawyer is that you obtain customized legal advice about your divorce. Therefore, any agreement you enter into, you do so fully informed as to your divorce rights and obligations pertaining to your children and property.
Should you talk to a divorce lawyer?
If you are unsure in any way about your rights and obligations, it's a good idea to at least consult a divorce lawyer. If you reside in BC, then that would be BC divorce lawyer. Moreover, if your divorce is more complex, especially with any substantial property and business interests, it's particularly important to speak with a divorce lawyer.
Keep in mind that once you sign a separation agreement (at least in BC), then you may be bound to those terms. This is why at the very least a divorce lawyer consultation is beneficial. If the divorce lawyer you speak with is of the view the proposed terms are reasonable, then you can use a divorce service to inexpensively complete the forms.
However, it never hurts to ask the lawyer you meet with how much it costs for them to complete the divorce paperwork. You may be pleasantly surprised how reasonable the cost is for solely completing the paperwork under the guidance and supervision of a BC divorce lawyer.
Sunday, November 27, 2011
Estate Litigation in BC: Who Gets Involved?
In the newspapers, more and more estate disputes are being reported on these days. I suspect over the next decade the number of estate litigation cases will continue increasing.
Starting an estate contest isn't terribly easy in most jurisdictions. There are generally several formalities that must be met in order to simply get the matter up and running.
The starting point is filing the necessary documents with the Court that lays basis for the estate litigation claim. This starting document sets out who the parties are. Each jurisdiction has different requirements as to who must be named. Therefore, if you're starting an estate litigation matter, you need to be sure you know who all must be named in the lawsuit.
For example, BC has specific requirements for who must be named parties in an estate litigation matter.
However, the starting document is more than setting out just the names of the parties. It also sets out the basis for the estate dispute ... in other words, the grounds for seeking that an estate be distributed differently than set out in the will or by law (in the case of intestacy).
Fortunately many lawyers throughout the world write some pretty good stuff about estate litigation on their websites (you gotta love the internet). If you're in BC, you can check out the following BC Estate Litigation Lawyer Website at bcestatelitigationlawyer.com.
If you're not in BC, simply search in Google and you'll find some decent estate litigation blogs authored by lawyers.
Starting an estate contest isn't terribly easy in most jurisdictions. There are generally several formalities that must be met in order to simply get the matter up and running.
The starting point is filing the necessary documents with the Court that lays basis for the estate litigation claim. This starting document sets out who the parties are. Each jurisdiction has different requirements as to who must be named. Therefore, if you're starting an estate litigation matter, you need to be sure you know who all must be named in the lawsuit.
For example, BC has specific requirements for who must be named parties in an estate litigation matter.
However, the starting document is more than setting out just the names of the parties. It also sets out the basis for the estate dispute ... in other words, the grounds for seeking that an estate be distributed differently than set out in the will or by law (in the case of intestacy).
Fortunately many lawyers throughout the world write some pretty good stuff about estate litigation on their websites (you gotta love the internet). If you're in BC, you can check out the following BC Estate Litigation Lawyer Website at bcestatelitigationlawyer.com.
If you're not in BC, simply search in Google and you'll find some decent estate litigation blogs authored by lawyers.
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