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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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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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