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What Happens During the Probate Process?

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What Happens During the Probate Process

Grieving for someone you love can never be easy due to the intense feelings of sadness and hopelessness. But no matter how hard it is, you must move forward and deal with the other important aspects of losing someone to death. These can include administering and distributing of the deceased person’s estate to the respective heirs and beneficiaries. This legal procedure is called probate.

Unfortunately, the probate process isn’t easy, and the process can be emotionally taxing. This is particularly true for loved ones. Knowing what to expect makes the process go smoother and reduces unnecessary stress.

To help you fully understand the probate process, here is everything you need to know.

What Is the Probate Process?

The probate process is the legal process to establish the validity of a will. The executioner of the will is named by the person who writes the will. An executioner is responsible for moving the will through the process.

The beneficiaries are the individuals named in the will who will inherit any assets.

The whole process usually takes several months. If there are disagreements about the terms of the will, it can take much longer. This makes the probate process a lengthy legal proceeding involving a dead person’s estate.

Filing a Petition

The first step in the legal process is to file a petition to the probate court. This petition establishes the beginning of the probate process. The court will officially give the executioner the responsibility to act on behalf of the person who wrote the will.

Part of the legal process involves notifying all beneficiaries of the will that the petition has been filed. Beneficiaries have the right to challenge the will. In cases with significant disagreement, a probate lawsuit can occur.

Even if there isn’t a will, a petition can seek the administration of the estate. The person who files the petition will be the one the court considers as the representative. They will be responsible for the administration of the estate.

On the other hand, it’s essential to know that filing a petition for probate involves specific procedures to follow. Unless you’re an expert in both intestate and estate succession, you probably need an experienced lawyer who specializes in handling probate. They know exactly how this legal process works, so that they can file the petition correctly and without delays. Consequently, you’ll have better chances of getting a desirable outcome from the probate proceeding.

Identifying Assets and Debts

The second step of the process is identifying all assets and debts belonging to the deceased. The executioner must let all creditors know about the passing. They also must disclose any debts to the court like annual credit report to establish their right to recover what the deceased person owed to them against their estate. Otherwise, they may be unable to get what is due to them in a court of law.

Moreover, assets such as vehicles, real estate, intellectual property, and bank accounts should be identified and evaluated. Because of the executioner’s role in the will, they take legal responsibility for these assets until the will is carried out. This means they should ensure the upkeep of these assets to preserve their value until they’re transferred to the designated beneficiaries.

Paying Debts

Using the assets of the estate, the executioner must ensure all debts are paid. Debts can include loans, credit cards, mortgages, taxes, and funeral expenses.

Depending on the financial situation, the executioner can either use cash on hand or sell the assets to pay the debt. After all the payments are settled, the remainder of the estate will be ready for the next step – the distribution and transfer of the assets.

Distributing Assets

The final step in the probate process is to distribute the assets of the estate. The executioner can do a formal ownership transfer to distribute the assets so that the property is in the beneficiary’s title.

Most of the time, the executioner will follow the instructions laid out in the will for how to distribute assets. If you’re looking for additional information, you can hire a probate attorney and find more here.

Now You Know How the Probate Process Works

These are the most important things you should know about the probate process. There are four major steps involved: filing the petition, identifying and distributing assets, and paying debts.

If you’re unsure about taking any of these steps, it always helps to hire a probate lawyer who can walk you through the process as mentioned above. However, looking for the right legal professional can be challenging since there are many options to choose from. Fortunately, by reading reviews and recommendations, you’ll find a lawyer you can trust. You can also ask for word-of-mouth recommendations from the people you trust or perform thorough research to narrow down your choices and pick the appropriate one.

And if you want to learn about more articles like this, be sure to check out the rest of our blog. We have a ton of other material related to legal topics that you’ll love!

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Why Do the Majority of Car Accidents Take Place in Residential Areas?

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One of the biggest killers in America is traffic. Road conditions, driving habits, and traffic volumes contribute to car accidents. These dangers are especially prevalent in residential neighborhoods. In fact, about half of all car accidents that happen in the country take place within a mile of home. This phenomenon is known as the “car crash suburbanization” effect, and it plays a significant role in why so many incidents happen where they do. According to the National Highway Traffic Safety Administration, the percentage of car accidents that happen close to homes is more than 1 in 4. In urban areas, this number can be even higher. This is because drivers are more likely to speed or drive distractedly when they know they are close to their homes.

Let’s explore further what causes car crashes in residential areas and how you can stay safer from these dangers. 

Distracted Driving

The dangers of distracted driving are well-documented. After all, as we discussed above, they make up one-half of all car accidents that happen in the country. This is because distractions like phone use, texting, and eating are common while behind the wheel. 79% of drivers admit to regularly engaging in some form of distracted driving. People are often distracted when they reach their home street, leading to car accidents in residential areas.

Speed and Unsafe Lane Changes

In many cases, excessive speed is also a critical factor in causing car crashes. This is especially true when driving too fast in adverse road conditions. In terms of car accidents outside of residential areas, this issue often occurs in rural areas that lack traffic control. Excess speed also leads to unsafe lane changes. This is due to your decreased reaction time while driving. It’s easy to make a careless lane change when you’re in a hurry or simply not paying attention to the road. This is a significant cause of car accidents in residential areas.

Road Conditions and Weather

Bad road conditions and wet weather are also common factors in car accidents in residential areas. These two factors can cause dangerous car accidents anywhere, not just the residential area. Poor road conditions, for example, can lead to tire blowouts, which endangers you and other people on the road. Wet weather also plays a role in car crashes in residential areas due to the increased risk of hydroplaning. This happens when the tires are not sufficiently hydrophobic to keep them from sliding on wet roads. Bad weather conditions, like heavy rain or black ice, are the leading cause of car accidents in residential areas.

Bad Traffic Behavior

Finally, you should be aware that bad traffic behavior, like aggressive driving and excessive speeding, is also a significant cause of car accidents in residential areas. This is especially true when driving outside of your typical driving patterns.

As you can see, many potential causes of car accidents exist in residential areas. With this in mind, it’s vital to be aware of the dangers and practice defensive driving. This can help you stay safer on the road and limit the likelihood of being involved in a car crash.

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Why Work With Legal Recruiters and How To Find the Best Ones

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Why Work With Legal Recruiters and How To Find the Best Ones

Legal recruiters are an invaluable resource for attorneys, paralegals, and legal assistants. They have the expertise to assist you in finding the right job or the perfect candidate for an open position.

Their industry knowledge can help you find a position to make the most of your skills and experience. Additionally, their connections can get you in front of hiring managers who might have yet to hear of you.

Why work with a legal recruiter?

Working with a legal recruiter offers many benefits if you’re a law firm or organization looking for top-notch candidates. The same is true if you’re a lawyer wanting to be part of a company’s legal team.

Advantages to the Job Hirer

Legal professionals are in high demand, and finding top-tier applicants suited to your company’s needs can be challenging. You need to find the right person fast to move your business forward. However, there’s so much competition for these positions that it could be an uphill battle.

Luckily, there is a solution: hiring with the assistance of a legal recruiter. With this, you’ll be able to focus on your business matters most. You can do this while still getting the best possible candidates. You’ll get access to experienced recruiters helping companies like yours find the perfect fit for their open positions.

Advantages to the Job Searcher

If you are a job searcher, you may need help figuring out where to start looking for new opportunities. You may know what kind of work you’d like to do. However, you may need to find exactly what type of firm or company is suitable for you.

You may need clarifications about the area of the legal profession you want to specialize in. You might also require some ideas on what would be best for your career.

Working with a legal recruiter can help take some guesswork out of this process. You will also have more control over your career path.

How To Find the Best Legal Recruiters

Finding the best legal recruiters can take time and effort, as many options are available. If you’re thinking about working with one, there are several things to remember.

Reach Out to Different Recruiters

You can reach out to different recruiters by using LinkedIn or other social media platforms. You can also ask your colleagues if they know any excellent legal recruiters.

It’s essential to check their credentials before you hire them. You can check their website and look at their testimonials from previous clients. You should consider them one of your top choices if they have many positive reviews.

Go for recruiters who listen intently to your needs, goals, and vision. Ensure that you’re on the same page to avoid misunderstandings and hiring issues along the way.

Consider Local Legal Recruiters

Local recruiters have a strong understanding of the local market. If you’re hiring, they can help you find the best candidates who can better serve your target market. A local lawyer recruiter will be able to tailor their search to your specific location and needs.

Local legal recruiters can also offer more personalized service than larger firms. They have easier access to a wealth of information about the law firm or company you’re interested in working for.

Request for References

Legal recruiters work with people and maintain various relationships. When you ask them for references, you’ll want to know more than just names and numbers.

Ask for clients who have recently worked with your potential recruiting partner. Call those people directly and ask about their experience working with the recruiter.

You’ll also want to talk to the recruiters about the process of finding candidates. Ask them about the length of time it took them to find candidates or whether they were successful in hiring.

Find What You Need With the Help of Legal Recruiters

Working with legal recruiters can save job seekers and hiring law firms time, money, and effort. These recruitment firms have qualified human resources who can fill positions in the hiring organizations.

Apart from that, these firms understand the local market. They know where to search for candidates to fill their applicant pool. With them, you’ll make hiring and selection decisions easier.

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What to Look for in a Toronto Employment Lawyer

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What to Look for in a Toronto Employment Lawyer

If you feel that your rights are being violated by your employer, or there is a recurring issue in the workplace that makes you uncomfortable, or you were recently terminated and was told that you were not entitled to any severance or that you are only legally entitled to what they gave you, you should start looking for the best employment lawyer for you.

It could take time before you feel comfortable with someone you trust but considering what’s at stake, you should not take chances you might regret later on. The lawyer-client relationship in employment law cases can last years, and they must have your full confidence. Here are the important things to look for when meeting with potential employment lawyers.

Experience

Lawyers are generally not shy about sharing their professional accomplishments and experience on their website bio pages. Many will include links to news articles they were quoted in, or that was about one of their cases, clips of their tv appearances, links to their most successful cases, etc.

Read through as much as you can, and look for cases that are similar to your own – keeping in mind that every case is unique, and it’s the small differences that often decide the outcomes. Note how far back those cases go and how recent their latest reported case was to help put their experience into context.

Keep in mind; however, that while experience is certainly important; it should not be the only factor you consider in your decision. If you walk into a consultation with your mind already made up, you might ignore warning signs that they are not the right fit for your case.

Comfort Level

The topics you discuss with your employment lawyer can get personal. People depend on their jobs to support their families, so they are emotionally invested in what happens in the workplace and workplace issues can create understandably emotional situations.

Assessing how comfortable you feel around someone is more instinctual than analytical, so the best guide is how natural the conversation felt, that there was equal give and take, they listened to you and that they remembered what you told them during the conversation and referenced it when it was relevant to do so.

Remember that your comfort level applies to the lawyer’s firm as well. Some people prefer retaining a lawyer who works in a large, busy firm and others feel more comfortable meeting their employment lawyer in a small, quiet office. You may have to meet with your employment lawyer several times a year, so their location is also a factor.

Their Fees

First and foremost, if you meet with a lawyer, their fees should be completely transparent, and actually, the lawyer should make it a point of confirming with you that you understand their fees for service, exactly what you will and won’t be charged for when payments are due and how much – approximately – you might pay in total for various possible outcomes.

If you EVER meet with a lawyer, employment or otherwise, who doesn’t have structured fees or tells you that they don’t invoice clients to save them from paying taxes, do not hire this person and consider reporting them to the Law Society of Ontario.

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