The 3 Different Types of Wills

Wills and Estates Lawyer

Many people don’t think about writing a will until they’re old and sick. The truth is anyone who is above 18 years and is of sound mind can make a will. Anyone who is worth something should provide a way to distribute their property after death or incapacitation to avoid conflict.

When writing a will, it’s important to seek the counsel of property solicitors in Townsville. They will help you understand all the legal matters involved. Here are some of the types of wills:

Simple Will

A simple will is the most basic type when all that’s needed is directions to distribute simple assets to beneficiaries. This should include the testator’s name and address, marital status, instructions for the property distribution, and the name of the executor. It must be in writing and signed by both the testator and a few witnesses.

Testamentary Trust

If the beneficiaries are too young or deemed financially irresponsible, the testator can place their estate into a trust. The assets will be distributed to the beneficiaries gradually by the trustee, depending on the terms of the testamentary will. The most common type of testamentary trust is a spendthrift trust, and it must also be written, dated, and signed like a simple will.

Joint Will

Couples who want to leave their property to each other in case one of them dies, use a joint will. If both of them die, the property will go to the couple’s chosen beneficiaries who are clearly stated on the will. A joint will is legally binding and cannot be revoked after the first testator dies.

No matter what type of will you choose, it’s essential to work closely with a property solicitor to ensure that the will is legally binding and valid. You must also select and name a trusted executor who will be in charge of making sure that the terms of the will are followed. Leaving a will ensures your desire for your estate is done and saves your family from a lot of stress.

3 Benefits of Hiring Rent Recovery Professionals

Estate Planning Service

Renting out spaces, properties and homes for residential or commercial purposes can mean big business for you. One of the biggest challenges you will face, however, is when someone decides not to pay rent on time.

For many people, a recalcitrant renter is a great challenge because they can be hesitant to be confrontational. Fortunately, rent recovery teams are available to help you. Here are the biggest benefits of hiring a one.

It is legal.

The first big advantage is that everything is legal and on the level. That is critical to being on the right side of the law should your tenant take things to the next level.

Those in this line of business are well-versed in what they can and cannot do when it comes to executing their line of work. It allows them to bank on what’s allowable within the law and ensure that your interests are well protected, and your needs met.

It is secure.

Among the options on offer for effective rent recovery, hiring a professional team can be highly dependable.

The reason behind this is that they are also trained and highly experienced in a range of situations that they could face in their jobs. This includes protecting the property and your interests should a tenant be particularly difficult.

It is dependable.

Finally, you should also hire a professional team because it really is dependable and has a higher chance of success over your going through the whole thing yourself. After all, these teams pride themselves on high success rates.

You can bank and trust on this success to being able to reclaim what is duly yours. Again, there is also the legality to consider where you want the same kind of protection that they can offer.

Do not be caught without a plan when a tenant does not pay. Hire a professional team to reclaim the payment that is yours.

Benefits of Research When Hiring an Accident Injury Attorney

a man talking to two female doctors

Just like doctors, lawyers have their specialties. You have to do your homework to ensure you are getting the right person for the job. For you to win your legal battle, get an auto accident injury attorney from a Denver firm like the Law Offices of John D. Halepaska.

Get the most suitable person for the job. They know how to navigate the legal system and will get you the best deal. Below are tips that will be helpful to you:

The Lawyer’s Experience and Reputation

Go to a law firm which has experience and reputation of a being a bullfighter when it comes to dealing with insurance companies. Such lawyers ensure prompt and full payment of claims.

Chose a Lawyer Who Specializes In Injury and Accidents

A lawyer who is focused and specializes in injury claims is what you need. They know what your claim is worth and the time it takes for the insurance company to pay you.

Go for a Lawyer You Feel Comfortable With

You know how comfortable you are, with the lawyer from the beginning. Their success rate in most cases is a major motivation. Being uncomfortable with a lawyer can lead to biases which may prevent you from hiring the lawyer.

Evaluate the Other Cases the Lawyer Is Handling

Ignore a lawyer whose hands of full of cases. Such lawyers may not give your case priority. As a result, you could end up losing or worst still the case could drag for months.

Should you find yourself in an injury-causing accident, hiring a lawyer for compensation is inevitable. Concentrate on finding a lawyer who handles accident claims since they are more experienced in this area. You will find many auto accident injury attorneys in Denver and its environs.

Hiding Your Assets in Divorce: What You Should Know

Couple at Lawyer's office

Couple at Lawyer's officeWhen you’re thinking about divorce and have a considerable amount of assets and money, you may be tempted to hide those from your spouse. This is especially true if you believe that you have (solely) worked for that money or if you are extremely angry at your spouse. You may have your reasons for doing so, but it can get you in legal trouble.

Can you get away?

While there may be a chance that you can get away with concealing some of your assets, there are always risks if you do so. You have to keep in mind that during the “discovery” process, both spouses are required to submit relevant information to the other party and have to provide testimony about those. Albuquerque divorce attorneys note that if you lied and got caught, you may face perjury charges and monetary fines.

What are the penalties?

If you, however, fail to provide financial information to the other party, the court will order you to submit them. If you disregard the court orders, you may be held in contempt or even be incarcerated. There are serious risks involved in hiding assets, as it can affect not just the property distribution, but also child support and alimony. The consequences of getting caught are also expensive.

What should you do instead?

This is why rather than attempting to hide your assets, you should consult a reliable divorce lawyer. Your attorney can protect your rights, assets, and interest while helping you reach a fair divorce settlement. You shouldn’t also let your emotions rule your financial decisions, as it could harm your purse. You have to pick your battles wisely and only fight for those that are worth it.

Deceiving your spouse by concealing your assets means that you are messing with the law. Other than losing your credibility in court, you could also face monetary sanctions if you get caught. It is best to declare your finances upfront to protect yourself during the settlement.

Categories of Crime Under Criminal Law

Lawyer reviewing a paper

Lawyer reviewing a paperA crime is any act punishable by your state. Civil and criminal law are the two broad categories of law. Civil laws mainly focus on legal controversies and monetary damages. Criminal law, on the other hand, involves serious crimes.

Penalties for breaking criminal law are unlike in the case of civil law, which involve forfeiture of a convict’s rights and imprisonment. With these consequences, it is prudent to hire a criminal defense lawyer in Provo to ensure you get an acquittal when faced with a criminal offense charge.

Here are different categories of criminal law based on their severity.

1. Infractions

At times referred to as petty offenses, an infraction is a violation of municipal code, ordinance, and administrative regulation. Under some jurisdictions, this includes local traffic, and state rules.

These offenses are punishable by fines and no incarceration. When used as a punishment, incarceration is typically for a limited period. Disorderly conduct, DUI, and petty theft are some common types of infractions.

2. Misdemeanors

These crimes are more serious compared with infractions. They are punishable by incarceration at a local county jail or through fines.

Deception, theft, stalking, gross indecency and aggravated assault are common criminal offenses in this category. Experts typically regard misdemeanors as crimes of moral turpitude, unlike infractions. Misdemeanor convictions might hence reduce your chances of getting a good job or a scholarship.

3. Felony

This is the most severe criminal offense. A felony is punishable by a fine and incarceration of more than a year. A felony conviction is also grounds for deportation in the case of immigrants.

Felonies include arson, rape, robbery, terrorism, treason, and kidnapping. Felonies in most states have a three-strike law, which stipulates a life sentence for anyone convicted of a felony thrice.

These classifications of criminal law affect not only the punishment for the crime but also their prosecution. Felony charges, for instance, require an indictment or preliminary hearing, unlike other criminal offenses. Juries are also typically reserved for felonies and serious misdemeanors.

More Americans May Rush Their Divorce Due to Tax Changes

Divorce agreement contract with couple fighting over moneyA spike in divorce cases could occur across the country within the next several months, mostly because they would want to avoid being subject to a new rule on alimony payments.

By 2019, the Tax Cuts and Jobs Act will no longer deduct alimony from a paying spouse’s income. This will repeal a 76-year-old rule that has required the recipient to pay the taxes on alimony.

Divorce rush

If you live in New York, the need for divorce mediation by Long Island lawyers will be more relevant if you want to expedite the process of negotiations. Once the tax changes take effect, however, it may lead to messier court battles just because of disagreement over alimony payments.

Madeline Marzano-Lesnevich, head of the American Academy of Matrimonial Lawyers, believes this will be the scenario. Since men comprise the majority of paying spouses, the tax changes will prompt them to settle on a lower figure. On the other hand, their wives’ lawyers may argue their case for a higher settlement in front a judge, Marzano-Lesnevich said.

State capitals

A possible impact of the new rules on alimony payments could lead to a lower divorce rate in states such as New York. An analysis of the U.S. Census Bureau’s 2016 American Community Survey showed that Hudson ranked as the divorce capital of the state.

The city had a divorce rate of 16.7% in the last two years, while the state’s divorce rate reached 8.7%. Married couples accounted for more than 29% of the state population. The survey based its findings on a study of divorce cases among couples between 15 years old and above.

You should consult with a lawyer and find out how the new alimony system will affect your income. For now, your best course of action would be to hasten the divorce process before Dec. 31.

Skills You Need to be a Criminal Investigator

A law officer working

A law officer workingAs much as we like to believe there’s hope for humanity, the prevalence of crimes cannot be denied. Thankfully, science has advanced to the point that we can test evidence to prove a suspect’s involvement beyond a reasonable doubt. It’s an exciting field, and it’s not surprising if you would like to learn the basics of being an investigator yourself.

To get you started, know the skills you should have:

Diligence

There are online criminal investigation courses, so accessibility of information is not a problem. However, you do need to be diligent to learn the craft. It will not be enough to read through the suggested materials without taking in everything. You should also take the initiative to go beyond what is expected and ask questions when you are confused.

Presence of Mind

You will see details of a crime that are not released publicly, and some of them might be too much if you have a weak stomach. If you want to be in this kind of profession, you need to learn to keep your cool. Presence of mind is also important when you’re looking at an unfolding crime scene, and you need to take in as much of the details as possible. This is something you can start honing early on because it can be handy in real life too.

Attention to Detail

This goes well with having presence of mind because when you have a clear focus, you can see everything more clearly. It’s important to stay objective on the job; otherwise, certain details might trigger you and cause a bias in your perception. You should also be mindful of seeing one case after the other, as you could mix up important information and ruin the case.

It’s interesting that we know more about crime-solving and have handy tools at our disposal. To take full advantage of them, know the basics of criminal investigation.

What to Do when Preparing for Divorce

Divorce agreement paperwork being signedA divorce lawyer will give you proper legal advice and will represent you in court. Unfortunately, the lawyer who served as the mediator during the mediation process cannot represent you or your partner in a divorce trial. You may want to get referrals from family and friends when looking for a divorce attorney. The Burnham Law Firm, P.C. recommends consulting with divorce attorney in Denver.

Do Research

Divorce is common nowadays but many do not understand the process as it is complicated and involves different aspects of family law. It is best to start preparing by doing research on it. You can read articles online or see a divorce attorney. It also helps to take notes on important things such as documents to prepare.

Prepare All Documents

Prepare all the documents you need even before the divorce process takes place. This includes financial records like credit cards and bank accounts statements, retirement records, insurance policies, and pay stubs. You should also make a list of all the assets and debts attained during the marriage, as well as you and your partner’s income and expenses.

Be Financially Ready

Divorce is a long, demanding, and expensive process. You have to be financially ready for it. Make sure you have a steady source of income beforehand.

Be Emotionally Prepared

Divorce is emotionally stressful. Understand the healing process and its five stages – denial, anger, bargaining, depression, and acceptance. It may help talk to a divorce therapist. You can also open up to family members and friends about.

Divorce does not always mean failure. At times, it is the better thing to do than staying together. Regardless, you should prepare yourself for it. You have to know the ins and outs of the process and be financially, physically, and emotionally ready.

Dealing with Unauthorised Traveller Caravans: Exercise your Rights as a Landowner

Aerial view on slum locationHaving squatters on a property is something that every landowner dreads. Managing a vast property and its tenants is difficult enough; contending with trespassers and squatters is an additional headache. Landowners would naturally want to make the most of their property and rent them to paying tenants or develop their land for commercial purposes, after all. The presence of unauthorised traveller caravans hinders these plans.

For this reason, many landowners are apprehensive about squatters in commercial spaces like parking lots and vacant lots.

A Landowner’s Responsibility

Traveller caravans normally stay in place for a short period only, choosing instead to move from one campsite to another. Sometimes, though, authorised campsites are too far away, and travellers have to set-up camp in privately-owned land. If they overstay their welcome, landowners have the right to evict them from the property.

This is the ‘landowner’s responsibility’, the right of the owner to initiate dialogue or action to get squatters off his or her property. Landowners may also file a civil eviction procedure under Part 55: Possession Claims.

The Unorthodox Method: Welcoming Traveller Caravans

Confronting and removing travellers with hostility and force could be dangerous. MS Webb & Co., an established bailiff and consultancy company in Surrey, agrees. Although a swift eviction is desirable, handling the situation with sensitivity is also important.

Therefore, it’s best to be diplomatic and civil when dealing with squatters. In many cases, speaking with a caravan produces good results: they would only stay long enough to prepare for the next leg of their journey. Landowners and travellers just need to work out between themselves how long one party is welcome on the property of the other.

By Way of Court or through Personal Initiative?

If diplomacy and personal initiatives don’t work, however, and travellers begin to show signs that they intend to stay as long-term squatters, landowners can file for Possession Claims or hire a bailiff and security consultancy firm for assistance. Either process can produce the same outcome, only a bailiff company will take most of the work off the landowners’ hands.

After a Dog Attack: Prepare to File a Claim

German Shepherd dog being trained

German Shepherd dog being trainedDogs are man’s best friends. However, no matter how much people love them, they may still attack after being provoked or while trying to defend their territory. Ignoring dangerous dog warning signs can also lead to them turning vicious. Below is a legal overview for seeking legal recourse after being attacked by a dog.

What to do After a Dog Attack

It is very important to seek medical attention after being bitten by a dog. Untreated animal bites can lead to severe infections and even death. Prepare all your medical documents as they may come in handy when you are looking to file a claim. You will also want to consult with a personal injury lawyer such as the Law Office of Paul R. Bennett. They will guide you on how to recover damages and also assist you throughout the court proceedings.

Owner Liability

The first step in establishing liability after a dog attack is finding the owner. Most laws in American states assume that the dog owner is responsible for the animal attack, placing the burden to prove otherwise on the owners. Under this rule, the owner is to be held liable whether or not they are aware that the dog posed any danger. In some states, the animal owner can be held accountable for the attack if they had reason to believe that the dog would go rogue. However, establishing liability on the owner of the animal is not always easy. This is why you need adequate legal assistance in determining whether they are aware that their dog could cause harm.

Potential Defenses

The dog owner may not be held accountable for the attack in some cases.  If the owner put up signs to warn that the animals were dangerous and kept them out of reach, they may not be held liable for the attack. If you climbed over a wall and got attacked by a dog, the jury will not hold the owners responsible. Seeking medical attention after an animal attack is strongly advised.

Sometimes, even the best behaved dogs can turn violent and inflict harm on people. You have to know what to do and be prepared when an animal attacks.