Even If There Is No Will There Can Be Probate

The word ‘probate’ originated from the Latin word ‘provar’ that means to prove. Probate is the process of establishing the authenticity of a will by the court of law. Will is a legal document that explains how a person’s property will be distributed after his/her death. Over the years, probate has taken wider meaning and is administered by the court of law.

The probate courts want to ensure the authenticity, i.e. the will claimed is originally prepared by the decedent without any pressure. It assumes there could be potential challenges to the validity of a will and hence gives proper time to contest for the same. If a decedent owe money to his/her creditors, court provide opportunity to claim for the same and if proven that has to be paid from the mentioned property/properties on the decedent’s will. The probate occurs in appropriate court in the state where the decedent permanently living at the time of death. In some of the states, courts empowered to carry probate process are simply called probate courts. However, some states refer these courts with different names, as in New York it is known as Surrogate court.

There are basically two purposes to have probate courts in the country. One is to transfer the title of decedent’s property to his or her beneficiary. And second is to pay the due taxes, if any.Every will has an executor name whose function is to marshal out the process of probate and to ensure that everything goes in accordance with the will. If the name of executor is not mentioned in the will court can appoint one for the same purpose. And if there is no will court appoints an estate administrator for the purpose.

There is a provision in some states of properties being automatically transferred to the spouse, if any, without the probate process. But the states that do not allow automatic transfer of property requires probate process for the transfer of title, even if there is no valid will.

The Do’s and Don’t of Workplace Injury Claims

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

Finding a Tax Attorney is Easier Than You Think, With These Tips!

In times such as these, it is not uncommon for us to develop tax issues. With such problems arising, it increases the need to hire the services of a tax lawyer. Whichever area of the United States you live in-let’s say, Pennsylvania-you’ll be on the hunt for an attorney. In our example, it might be a Philadelphia tax lawyer.

The first thing you should do is start looking in resources to gather a list of candidates. The Internet is a wonderful place to search, as many professionals keep websites with their portfolio and contact information. Doing a simple search in Google, such as *your state/city* IRS tax attorney will yield plenty of results for you to add to your list.

The main thing is that you sort through the attorneys based on your needs. If you require a criminal tax attorney, you should try to weed through the rest so that you aren’t wasting your time interviewing attorneys who will likely say they can’t help you.

You can also ask around. A member of your family, a friend, or a colleague may have used a specific attorney in the past. Recommendations are helpful. You can easily tell if the potential candidate is a good one.

It is imperative that you meet the attorneys on your list. You may want to begin by calling them on the phone, and that is fine. However, a face to face meeting is always better. You can see how the two of you will get along.

You will also be able to see firsthand how these lawyers answer your questions. To that end, you need to ask a lot of questions. You should not be shy about this.

First of all, you have got to inquire about every lawyer’s qualifications. You want to know what schools they went to and how much experience they have. If any of the lawyers on your list have worked for the IRS, that is a plus. At the very least, the lawyer you ultimately choose should have experience in accounting.

DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

Important Facts About National Impaired Driving Prevention Month

The Purpose of National Impaired Driving Prevention Month

Since December is one the busiest months of the year full of winter holiday celebrations like Christmas and New Year’s Eve, there are a lot more social events and late night get-to-gathers where alcohol is available. Sadly, driving under the influence is quite common during holiday season. Impaired driving puts drivers, passengers, and pedestrians at risk, and each year it claims the lives of thousands of Americans. In December, we observe National Impaired Driving Prevention Month to create more awareness on the issue.

Some Important Facts About This Month

It is reported that every year, around 30 million people drive while intoxicated and around 10 million drivers go behind the wheel after taking illegal drugs.

Nearly 25 people a day were killed in alcohol-impaired driving crashes in 2010. Drinking and driving can be deadly, especially for teens.

Young adults (ages 21-34) are much more likely to die in a car crash after drinking alcohol.

According to the Centers for Disease Control and Prevention (CDC), every day, 28 people in the United States lose their lives in motor vehicle crashes that involve an alcohol-impaired driver.

In 2014, of the 1,070 traffic deaths among children (ages 0-14), nearly 19% involved alcohol-impaired drivers.

Drugs other than alcohol are also a factor for traffic accidents.

Effective Preventive Measures

Prevention starts with our sense of personal responsibility. It is high time that drivers, irrespective of their age, start thinking about how they can practice safe driving and re-evaluate their driving habits.

Conducting school programs and educating teens on how important it is NOT to get in the car with a driver who’s under the influence would be an effective solution.

Electronically monitoring repeat DWI offenders also appears to be effective. Ignition interlocks in cars prevent operation of the vehicle by anyone with a blood alcohol concentration (BAC) above the specified level.

If you come across a possibly drunken driver on the road, immediately contact the police! Your timely action might save someone’s life.

Families play an essential role in putting an end to impaired driving. We should all educate our children about the risks involved in consuming alcohol or illicit drugs and especially how dangerous this is while driving.

If your holiday plans involve drinking liquor, make sure to always plan ahead for a safe ride home.

Every year, a higher volume of vehicles flood the roads. People rush to see their loved ones for the holidays and the odds of getting into a driving accident increase during these periods. While most people are well informed, there are still many other people who are not aware about how this easily avoidable problem could affect their loved ones. It is our personal duty to help people understand how dangerous this habit actually is.

Organize a local awareness campaign to explain the risks involved and how drinking and driving can affect families. Surprise the attendees with customized giveaways. Silicone wristbands are perfect for such campaigns because they are original, durable, long-lasting and inspiring. You can get them in different colors, fonts, sizes and styles. Wristbands carry messages. Choose from “Think and Drive”, “Never Drink and Drive” or come up with something of your own.

Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).

How a Lawyer Could Come in Handy

You need to have a liability lawyer at hand because you don’t know when you might be part of an accident, be faced with a premises suit, or when you might need him for product liability cases. Now whatever may be the case you need to be able to get yourself compensated for these things. Knowing who to choose really depends on what the case is also what the lawyer specializes in.

In Texas, a Dallas product liability lawyer will ensure that your best interests are looked after. There are times when even the best of products may not be properly checked for quality and may result in either death or injury of a loved one. Sometimes people can fall sick from badly labeled products this is why having a good lawyer at hand is required. You should find out just how experienced the lawyer is in product liability cases.

A Dallas premises liability lawyer will come in handy in the event that you ever become injured due to a person or company’s neglect to keep their property maintained. For instance, say you’re walking in the grocery store and trip on a broken tile, thus injuring your knee. This injury could keep you out of work, resulting in loss of wages which could put your home or other property at risk of repossession; all of which could have been avoided had the owner of the store simply fixed the flooring or posted signs cautioning shoppers of the hazard. It might make you feel a bit lecherous to file a suit like this, but you shouldn’t feel guilty when the fault is not your own. Going back to our example, how many other people could trip over that tile if you chose not to have the situation corrected?

In order to file a suit successfully you need to be able to get a hold of a good attorney. There are a number of attorneys you can hire but you must always opt of the best. A lawsuit costs money and you will not want to lose because the attorney was not good enough.

Civil Rights Attorney – Fighting For the Justice You Deserve

The ultimate goal of a civil rights attorney is to make sure that those who are not treated fairly are given justice. In Los Angeles and the rest of the United States, there are laws in place which state that businesses and the government cannot discriminate against citizens over certain factors, such as gender, race, sexual orientation, or age. If you live in Southern California and feel you may be the victim of discrimination, you might need to see a Los Angeles civil rights attorney.

There are tons of Los Angeles civil rights attorneys. If you do a search on Google, you will find an (seemingly) enumerable number of attorney’s to choose from. But, as with many services, it’s often best to talk to people who’ve had good experiences with the attorney’s service. You can’t get a list of former clients, but what you can do is talk to people and ask for recommendations of attorneys with which they’ve had great experience with.

You should also meet with the attorney and have a serious consultation. Ask them any questions you have and tell them your story fully and truthfully (without getting too emotional). Make sure you understand how they charge and what you might expect to pay. Finally, understand that you are not required to accept services from any attorney, although you may be charged a fee from some law firms for the consultation.

Other questions you might find useful to ask are inquiries about their background, including where they went to school, which states they have practiced law in, and how long they have been practicing law in California. You want to make sure that whomever you choose as your lawyer, that they have particular experience dealing with your type of case. If you’re dealing with a firm, make sure that the person you have a consultation with is the person who will be handling your case, as many firms have several lawyers who handle the workload. This will ensure that you are given the best chance possible of winning your case.

After you’ve decided upon a good Los Angeles lawyer, you will likely feel much more secure in your situation with the support of a professional who understands your situation and is willing to fight for your rights.

DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

Driving Safety Near a School or School Bus

Driving near a school or a school bus can be dangerous if motorists don’t take proper precautions to ensure not just their own safety, but the safety of children in the vicinity. Here’s a guide to help you understand the right protocol to follow as a motorist in a school zone, or near a school bus.

Picking up or dropping off children at school:

  • Every school has a system to pick up and drop off children. Make sure you educate yourself on the rules of the school and adhere to them
  • Don’t double park because it reduces visibility for other drivers, and can endanger students
  • Park in the allotted areas (these have been designed keeping in mind the safety of students), and take permitted turns while navigating the school grounds. Avoid making U-turns and three-point turns.
  • While driving, watch out closely for children on bikes coming onto the roadway from between parked cars. Also keep a safe distance of at least 3ft between your vehicle and the motorcycle, and always check your side-view mirror before exiting your car
  • As a rule, ensure that your child is safely buckled in with the seat belt or in an age-appropriate child car seat before starting the car. Also, make sure your child enters or exits the car only via the ‘safety door’ which is the rear door on the kerb-side

Driving in a school zone:

  • Don’t exceed the 25mph speed limit imposed while driving in school zones. Most often this speed limit is imposed in school zones between 8 a.m. and 9.30 a.m., and 2.30 p.m. to 4 p.m. Motorists must adhere to this speed limit even if there are no children in sight
  • Slow down when approaching a school crossing
  • Do not proceed past the school crossing until the crossing supervisor’s hand-held sign is no longer displayed, or until he/she indicates that you can continue
  • If there is no crossing supervisor, but ‘CHILDREN CROSSING’ flags are displayed, the motorist must stop and wait until all the pedestrians have crossed the road
  • While driving through a school zone, avoid honking as it might scare children and cause them to stumble or fall in the way of oncoming traffic

Driving in the vicinity of a school bus:

  • Learn to understand the flashing light system on school buses.
  • If the overhead lights on the bus are flashing yellow, then prepare to stop. These lights indicate that the bus driver is planning to bring the vehicle to a halt to load or unload children.
  • If the overhead lights are flashing red, and the stop sign extended, it means that the bus has stopped and that children are getting on or off the bus. At this time all motorists, regardless of the direction in which they are moving, must come to a halt until the red lights stop flashing, the extended stop sign pulled back, and the bus resumes motion. In all 50 states of the U.S., it is mandatory for all vehicles on both sides of the road to come to a halt during this process. However, if a median divides the road, this may not be required.
  • If you are passing a school bus, make sure that there is plenty of visibility and space in the next lane. It is illegal in the U.S. to pass a bus on the right side, as this is where the loading and unloading of children occurs. Therefore, vehicles may pass the school bus on the left side on multiple lane roadways
  • Remember, though buses have large mirrors to assist the driver in his/her navigation, these vehicles also have huge blind spots. Stay cognizant of this, and pull back and slow down if you see a bus flash its blinkers, and allow it to move into the next lane.
  • Be especially vigilant near bus stops. Children may be playing at the bus stop to kill some time, or might be arriving late for their school bus and may inadvertently dart into oncoming traffic.
  • Bear in mind that buses stop frequently, so maintain at least 3ft distance between your car and the bus, to allow yourself enough time to come to a halt too
  • Do not park at or near a bus stop. In fact, maintain enough distance between your vehicle and the bus stop to allow children to enter and exit the bus with ease
  • Always remember that children can behave in an unpredictable, often rash, manner. In their haste or enthusiasm, they may not remember the safety concerns associated with walking on the road or picking up something they’ve dropped on the road. Therefore, it’s important to look very carefully to make sure the way is clear before navigating traffic behind a school bus.

These tips will help you drive in a safe, responsible manner while driving in a school zone, or near a school bus. If you would like to share your thoughts or suggestions of your own, we’d love to hear from you. Leave us a comment below!