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5 Things You Should Know about Probate Law in Arizona

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Probate law is law under which the assets of deceased persons are transferred to heirs under the supervision of court.. Will play a vital role in this process if the person left a will about assets then the court examines the authentication of will. If it proves valid, all property will be distributed on this basis.

A massive paperwork required for this purpose even a simple case demands a complete huge drafting and paperwork. Only a professional and experienced lawyer can handle this. For this process it must be essential to have knowledge which paper is needed to complete, how the process begins, how to put paper in court etc.

Keypoint to Know about Probate Law

Here we discuss some important factors every lawyer must know about Arizona estate administration and probate.

When you Need to take Action under Probate Law

According to Arizona law, if the person who died possessed more than $100,000 in property investment shares or more than $1.5 billion in private possessions (including material assets and money), a probate action must be taken to transfer the resources to the successors. There are, however, countless exceptions of course. For instance, if an asset is titled “joint tenancy with right of survivorship,” the surviving owner inherits the estate without having to go through probate. Resources labelled in trust name or assets subject to an applicant designation are also exclusions.

If the dead person owned likely includes probate but their value was less than the required amount noted above, the assets could be transferred using simpler sworn statement procedures.

Procedure for Establishing Probate

The initial screening requests that a personal representative be appointed. This individual will be in charge of administering the probate. The probate process starts when an application is filed with the probate court in the dead person’s last county of residential area. The application is accompanied by a slew of other court-mandated forms. Unless voided in the will or by all heirs, the personal representative must post a bond.

The initial goal of the application is to acquire a certified copy of the Letters of Personal Delegate from the probate court. Given the typical meaning of the word “letter,” the term is unusual.

Steps in a Normal Probate

  • Open Probate and designate a Personal Delegate (Submit application with bond or waivers of bond; receive Letters of PR).
  • Inform Heirs, Devisees, and Lenders (Send notices to each heir and devisee; notify known creditors; publish notice)
  • Make an inventory of the estate (Prepare inventory of all estate assets; re-title each asset into name of estate)
  • Manage Claims (Pay valid debts; send disallowance notices as needed).
  • Distribution of the Estate (Determine who the beneficiaries are; transfer assets to beneficiaries)
  • Complete the Estate (Prepare final accounting or waivers of accounting; file closing statement)

Average Cost of Probate

The application form fee for an unofficial probate varies by county, but it is typically between $200 and $250, which includes various court costs and filing fees. Each certified copy of the letters is also charged a fee. In Arizona, an estate attorney will typically agree to manage an unchallenged, informal probate from beginning to end for $2,000 to $5,000. The majority of law firms calculate their fees using hourly rates, but an increasing number are shifting to fixed fee pricing structures. An official probate will be significantly more expensive. Because the amount of legal work involved is difficult to predict at the outset, the fee is calculated using hourly rates.

Will Competitions

Will competitions are more common on television than in real life. Will contests are most common in large estates where a disgruntled heir believes he or she was unfairly left out of the Will or did receive far less than what the legatee (person who wrote the Will) intended.

Will may be challenged on the following grounds:

  • Did not fulfil the criteria for validity, or there was a flaw in the way the Will was agreed to sign or witnessed
  • When the Will was written, the testator was subjected to undue influence.
  • The testator lacked mental and testamentary capacity.
  • The testator had a hallucination that impacted the dispositive provisions.
  • A provision was clearly ambiguous (on the face of the Will, the testator’s intention is unclear)

Final Summary

Small residences can prevent formal probate by using informal or overview probate. For example, under Arizona law, you can transfer up to $75,000 in private possessions and $100,000 in real estate to a single person or recipient by filing an official document. You must wait 30 days after the property owner’s death to sell personal property. The waiting period for real estate is six months.

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Here’s Everything You Need to Know About Determining Liability in a Rideshare Accident

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Ridesharing apps have made it easy for people to travel, which is why there are several users. However, there are chances that drivers and passengers can get into vehicle accidents, as millions of trips happen every day. According to the Phoenix Street Transportation Department, the city’s road network was nearly 4,800 kilometers in 2009 and is expanding. More lanes result in more traffic, which raises the risk of accidents. In 2021, in Phoenix, there were around 40,833 car accidents reported.

If you have faced any unfortunate incident, rideshare accident attorneys in Phoenix will stand by you and ensure you get financial compensation. In Phoenix, one can get the minimum insurance amount of $50,000 per accident, $25,000 for bodily injury, and $15,000 for property damages.

Insurance companies use several tactics to avoid paying compensation; however, the lawyer ensures these companies do not take advantage of the situation. Below are the complete details that you must know about ridesharing accidents.

Who is Liable?

Drivers for Uber and Lyft are categorized as independent contractors. It means they might work under a contract, and the company might not employ them. So, if they are under contract, it is their responsibility to maintain the vehicles, and this does not come under the employer-worker’s compensation scheme. If proven that it is the driver’s fault, the company will eventually pay the driver’s liability through their insurance policy.

In Arizona, Uber and Lyft have insurance plans covering property damage and bodily injuries. However, drivers must ensure their insurance is up to the mark.

There are always three parties involved in rideshare insurance coverage:

  • Rideshare company
  • The driver
  • The passenger

It depends on the accidents, how they took place, and three scenarios that can occur:

  • If the accident occurs when the application is not turned on, it is the responsibility of the driver’s insurance to cover the damages, not the companies.
  • If the accident occurs when the driver operates via application, the company’s commercial insurance will be applied.
  • If the accident is caused due to the passenger’s negligence, then the passenger’s insurance has to cover the damages.

How is Liability Determined?

If one is involved in a ridesharing accident, the liability is determined by confirming the following:

  • If the Uber/Lyft driver is responsible for the collision
  • If the driver was using the ridesharing app when they got involved in the accident
  • If other parties have contributed or are involved in the accident.

How Can an Uber Accident Lawyer Help?

The Uber accident lawyers and the ridesharing attorney help you understand the best course of action. They will help you get the maximum compensation and determine who is responsible for the accident. Since they know the rules and regulations, they provide the best advice.

In an Uber accident, knowing which insurance to work with can be challenging. You might have to file for several claims, so to avoid errors, the lawyer should manage the filings and negotiations.

Conclusion

Being involved in a vehicular accident can be challenging and complicated; however, when it consists of a ridesharing company, it adds another level of complexity. These enormous companies can use several strategies to reduce the compensation or try to avoid paying it. So, it is advised that if anyone is involved in a ridesharing accident and suffers injuries, they must go to an experienced lawyer that can help in making a solid case.

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Shoplifting In Austin: How To Find An Austin Criminal Defense Attorney

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Shoplifting In Austin

Shoplifting is a behavior that can affect almost anyone—kids, superstars, teens, and sleep-deprived new parents alike. It can be easy to forget that you’ve picked something up and then leave the store, only to be asked to follow a security professional to a small room for questioning. Virtually anyone can find themselves facing shoplifting charges for the first time.

If you have recently been accused of shoplifting, it is important not to let the commonplace nature of your situation lull you into a false sense of security. A conviction for shoplifting could affect your reputation, your criminal record, and even your freedom temporarily. This is one situation in which a “do it yourself” approach will not cut it. The time to contact an experienced shoplifting lawyer in Austin is now.

Shoplifting Penalties In Austin, Texas

Whether you were caught shoplifting at The Domain, the 2nd Street District, or your neighborhood convenience store, the potential penalties you’ll face in the event of a conviction are the same. The category of charges by which your alleged wrongdoing will be punishable is determined by the value of the goods that you have been accused of shoplifting.

  • Class C Misdemeanor if the value of the shoplifted property is worth $100 or less – Punishable by a fine up to $500.
  • Class B Misdemeanor if the value of the shoplifted property is more than $100 but less than $750 – Punishable by up to 180 days in jail and a fine of up to $2,000.
  • Class A Misdemeanor if the value of the shoplifted property is $750 or more but less than $2,500 – Punishable by up to 180 days in jail and a fine of up to $4,000.
  • State Jail Felony if the value of the shoplifted property is $2,500 or more but less than $30,000 – Punishable by 180 days to two years in state jail and a fine of up to $10,000.
  • Third Degree Felony if the value of the shoplifted property is $30,000 or more but less than $150,000 – Punishable by two to ten years in prison and a fine of up to $10,000.
  • Second Degree Felony if the value of the shoplifted property is $150,000 or more but less than $300,000 – Punishable by two to 20 years in prison and a fine of up to $10,000.
  • First Degree Felony if the value of the shoplifted property is more than $300,000 – Punishable by five to 99 years in prison or life imprisonment and a fine of up to $10,000.

Because the stakes of a shoplifting conviction risk a term of imprisonment for any crime that involves shoplifting more than $100 worth of property, it is imperative to seek the guidance of an experienced Austin criminal defense attorney as soon as possible after being accused of shoplifting.

How To Find An Austin Criminal Defense Attorney

Whether you’re searching for an Austin misdemeanor lawyer, a secondary shoplifting defense lawyer in Austin, or an Austin felony theft defense lawyer, you’ll need to seek out a law firm that is highly reputable, has a track record of success, and has extensive experience with shoplifting cases specifically.

Not all criminal defense lawyers approach their practices in the same way. Don’t work with a criminal defense mill that is more concerned about representing as many clients as their lawyers can handle than securing each client the most favorable outcome possible under their unique circumstances. The outcome of your case could affect everything from your ability to get schooling, a job, or your ability to remain free from jail. Don’t settle for subpar representation. Research your options and meet with any attorney you’re interested in working with to ensure their approach meets your needs.

Your Shoplifting Case: What To Expect

Every shoplifting case is unique. As a result, your lawyer will need to carefully examine the circumstances of your situation to build the most vigorous possible defense on your behalf. Depending on the severity of your charges, this strategy will begin to play out as soon as your arraignment.

Texas law indicates that only someone who has unlawfully appropriated property with intent to deprive the owner of that property can rightfully be convicted of theft. This means that unless a prosecutor can prove – beyond a reasonable doubt – that you intended to steal the property in question, you can’t properly be convicted of shoplifting. Your lawyer will likely engage in significant negotiations with the prosecution to get your case dismissed or to mitigate the consequences that you would face in the event of a conviction when you did not intend to steal the property that you allegedly shoplifted.

If initial negotiations don’t result in the prosecution dropping the charges against you, your lawyer will explore the possibility of filing pretrial motions to suppress any evidence that may have been collected in violation of your Fourth Amendment rights against unreasonable search and seizure. If relevant evidence can be successfully suppressed, the prosecution may have no choice but to drop or minimize the charges, as they may be unable to make their case successfully without that evidence.

Finally, if these efforts haven’t produced their desired results and taking a plea deal isn’t in your best interests, your attorney will vigorously fight for your rights in court.

Contact A Knowledgeable Austin Criminal Defense Attorney For Personalized Guidance

To learn more about shoplifting laws in Austin, Texas, and how these laws will apply to your case uniquely, schedule a confidential, risk-free case evaluation with Cofer & Connelly, PLLC, by calling 512-991-0576 or contacting the firm online. This reputable law firm is well-known for its knowledgeable legal practitioners and their ability to secure favorable client outcomes. They have more than 65 years of combined experience aggressively defending the rights of Texans like you.

Shoplifting may be a commonplace crime, but that doesn’t mean that the effects of a conviction will manifest in your life in simple, uncomplicated ways. Because your reputation, well-being, and even your freedom could be on the line, the time to seek experienced, professional legal guidance is right now.

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Guide to Dealing with a Car Accident Incident

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Guide to Dealing with a Car Accident Incident (3)

Even for the most seasoned drivers, being involved in a car accident may be terrifying and frightening. Regrettably, there are thousands of incidents involving cars every day on our roadways, and the National Safety Council estimates over 4.5 million automobile accidents annually in the United States alone. Understanding how to react appropriately in case of an automobile accident is crucial. In this article, we’ll walk you through the procedures to take after a vehicle accident.

7 Ways to Deal with Car Accident Incident

Knowing how many car accidents per year occur, emphasize the importance of being prepared to deal with such an incident. Here are some ways you can deal with a car accident:

1.   Stay Calm and Check for Injuries

Be cool and look for injuries as soon as possible after an automobile collision. Make an instant call for medical assistance if someone is hurt. If you’re not injured, check on the other people involved in the accident and see if they need medical assistance.

2.   Move to a Safe Location

If your car is in the way of traffic, turn on your hazard lights and pull over to the side of the road. If the accident is minor and both cars are drivable, move to the side of the road or a nearby parking lot. If the cars are not drivable, do not attempt to move them and wait for the authorities to arrive.

3.   Call the Police

No matter how serious the collision is, you should still call the police. An accident report will be filed by the police, which might be useful when handling insurance claims. Be sure to give the police an accurate account of what happened and avoid admitting fault.

4.   Exchange Information

It is important to exchange information with the other driver involved in the accident. Inquire about their name, contact information, and insurance. It’s also a good idea to get in touch with anyone who could have witnessed the crash.

5.   Document the Accident

Photograph the accident scene and the damage to both vehicles. While handling insurance claims, these images can be helpful. Also, recording any injuries you or the other motorist experienced during the collision is crucial.

6.   Contact Your Insurance Company

Notify your insurance company as soon as possible following the incident. Explain what happened and provide the other driver’s contact information if you have it. You can rely on your insurance provider’s full support throughout the claims filing and repair scheduling processes.

7.   Seek Legal Advice

There may be a need for legal representation if you sustained injuries in the collision or if the other driver accused you of causing the incident. If the matter ends in court, a lawyer can explain your options and argue on your behalf.

Things to Be Careful While Dealing with a Car Accident Incident

The consequences of a car crash can be incredibly demanding and distressing. As well as taking the above-mentioned measures, you should also keep in mind the following details:

  • The first rule of signing anything is ensuring you fully grasp and agree with its contents.
  • Refrain from discussing the incident on social media, as doing so could hurt your case.
  • Retain all accident-related paperwork, such as doctor’s notes, police reports, and insurance policies.

Tips to Get Consultation for This Incident

If you’re unsure of what to do after a car accident or have questions about the legal process, there are several ways to get advice:

●       Talk to a personal injury attorney

Many attorneys offer free consultations, where you can discuss your case and get advice on how to proceed.

●       Talk to a legal aid organization

Some organizations offer free or low-cost legal assistance to individuals who cannot afford an attorney.

●       Research online

Many online resources can provide information on the legal process and what to do after a car accident. However, be sure to verify the credibility of any sources you use.

Conclusion:

Over 4.5 million accidents occur annually in the United States due to automobiles. Maintaining composure and taking the necessary actions after an automobile collision are paramount. Check for injuries, get to safety, report the incident to the authorities, swap information, take pictures, call your insurance company, and consult an attorney. Following the advice in this manual, you may go back on the road as soon as possible after an auto accident and in better condition.

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