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Grounds for Contesting a Will

Posted by on Feb 2, 2015 in Probate and Trust | 0 comments

Wills are fascinating legal documents because in them you will be able to deduce quite a few things about a person’s life and family dynamics. By and large, however, the terms of a will are difficult to challenge. Most states prefer to strictly follow the written document in the disposition of a decedent’s estate, and 99% of wills pass through probate with little trouble. The presumption is that the testator had made the will as a free agent.

Of course, interested parties may challenge a will within 6 months after the will has been admitted into probate. Typically, a will can be challenged most successfully when it is the spouse of the testator that poses it and on the grounds that there was undue influence or the testator lacked the mental capacity at the time the will was made. It is important to note that a successfully challenged will can be voided in its entirety, and in the absence of a previous will, the state intestacy laws will apply in the disposition of the estate. It is as if the testator never made a will at all.

Testamentary Capacity

The testator has to be 18 years old or above to make a will. Some states provide exceptions for an emancipated minor who is married or a minor serving in the military. There are no such exceptions provided for under Illinois law, so if you are a minor in Chicago your will can be successfully challenged just because of your age.

In large part, however, testamentary capacity refers to the mental capacity of the testator when the will was made. If the testator suffers from insanity, dementia, or under the influence of a drug at the time of making the will, it can be said that the testator did not understand what he or she was doing. According to the website of Peck Ritchey, LLC, the testator “must possess the mental capacity to understand the consequences” in order for a will to be considered valid.

Undue Influence and Fraud

Some people can be tricked, coerced or persuaded by a third party into making a will that is not a reflection of the true intent of the testator. They all essentially presume that the testator was not a free agent at the time the will was made. In some instances, the signature of the testator was forged, which is perhaps the easiest to prove.

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Should You Call for Probate Litigation?

Posted by on Jan 6, 2015 in Probate and Trust | 0 comments

It is the natural consequence for all those who live to, eventually, die. For people of this day and age, the aftermath of any one person’s passing can be quite messy, especially when there is discord within the family – and let’s face it, what family doesn’t argue? There’s always that one family member who wants more – or that one family member who didn’t get anything at all. Sometimes, the contents of a dead relative’s will are contested or the will’s validity itself is taken into question or the influence under which the deceased formed the will in the first place. To learn more about undue influence and nursing home abuse from Houston attorneys, click here.

There are many reasons as to why the contents of a will could be contested and the process is almost never straightforward. Given the sensitive nature of the case, many complications can arise during the duration of the investigation while the case proceeds. Having a team of lawyers who are practiced and professional in this field is of the utmost importance as cases like this demand a dedicated group of people. Probate will allow for things for flow more smoothly for all family members and heirs involved, as well as looking out for the betterment of the deceased’s estate and wealth left behind.

A will being contested already deals with the aftermath of a loved one’s passing, the case is evidently quite emotionally charged with all parties involved – possibly, for an array of reasons – thus ensuring the necessity of a probate litigation for it makes the complicated matter just a bit clearer, what with learned professionals come into the case with an objective eye, though a still sympathetic heart.

Sometimes, litigation isn’t necessary but when the estate and contents of the will are of a substantial amount – the case will have to be viewed and advised by legal experts on what the next move should be. After all, family members and loved ones, as emotionally influenced individuals without the legal know how, cannot exactly be counted upon to make the most rational of their available choices. Decisions like this are difficult to deal with as it is and, sometimes, it is not just the weary heads of the dead who deserve a bit of a rest after the ordeal. Let an expert show you the best path to take.

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Criminal Charges and Child Custody

Posted by on Jan 4, 2015 in Child Custody, Criminal Law | 0 comments

To err is to be human and some of us make worse off choices in our earlier years than some. Some of these earlier mistakes can lead to criminal charges that, though repented and paid for fairly by the conditions of the law, will continue to follow you throughout all the rest of your days. You can pay the fees and serve the time given to you but that charge will rival your shadow from that moment forward. It will affect how you are perceived professionally and all the more if you have to deal with more complicated legal matters – like, say, a divorce.

According to the website of Mark Lassiter, Attorney at Law, “good people sometimes find themselves in a difficult situation.” Like children, one mistake should not define your entire life, especially when you have atoned for it in every possible way. Sometimes, all you need is the chance but even an accusation can tarnish your reputation and give any opposing party power against you.

A family affair, divorce is complicated enough as it is and ever more so when the subject of child custody comes into play. A criminal record can definitely affect a child custody battle for it will depict a negative light on you, as a person and can be used as a means to deem you an unfit parent.

According to the website of the lawyers at Holmes, Diggs & Sadler, with regard to child custody during a divorce case scenario, it is the child’s best interest that must be taken into consideration. Complicated enough as it is, the existence of a criminal record from any party is liable to greatly affect your plea in court. A crime committed and properly paid for should not be the reason you lose custody of your child – talking to the right kind of people who can properly and fairly represent your case can make all the difference.

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The Cost of Medical Mistakes

Posted by on Jan 3, 2015 in Dangerous Medical Products, Health and Beauty | 0 comments

Sometimes, it is the things meant to help that end up hurting. Isn’t there an adage old saying that says, “The road to hell is paved with good intention”? Well, there is certainly a lot of hell to pay when something goes wrong, especially in the field of medicine. There have been many mistakes made in the medical practice that has caused extreme discomfort or even, in the worst cases of them all, death.

Take the hip replacements from DePuy, for example; according to the website of Williams Kherker, there were hip implants in 2003 that were recalled after an onslaught of complaints after the surgery took place. In this case, the implant itself was the one that was apparently defective and those who were victims of its impairments were given ample compensation for their troubles. These have quite evident complications that are immediately treatable, since the symptoms are pretty obvious. The same cannot always be said for faulty medical solutions.

Some medicine, especially the ones that are taken orally or intravenously, can have harmful side effects that are not always so easily spotted. Such is the case of Benicar, a drug that supposed to lower a person’s blood pressure, therefore mitigating the risk of cardiac arrest or other heart related health conditions. However, the product has been linked to have harmful side effects that might do more damage than the good it is intended for, such as weight loss or chronic diarrhea. A lawyer would argue that it was not your consumption of this product that caused the pain; it was, rather, the faulty production of the drug, therefore making you legible for the right to be treated fairly, with regard to the wrong done to you.

If you think yourself to be suffering from any pain or inconvenience as a result of flawed pharmaceutical products, there is a wide array of options available for you to receive compensation and proper treatment for whatever the harm done to you. With the right case presented with the proper evidence, you could regain everything you have lost and you are most certainly owed better recompense.

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Factors Considered in Deciding Child Custody Cases

Posted by on Jan 3, 2015 in Child Custody | 0 comments

The factors considered by states in determining divorce-related issues, especially child custody and visitation rights, often differ from each other. With regard to the issues mentioned, however, there is one unifying basis of decision in all states: the best interest of the child.

As some Cedar Rapids divorce lawyers may tell you, the factors that may actually be conceived as ensuring and promoting “the best interests of the child” can be subjected to debate, though. This is obviously the reason why one factor is considered in one state, while in another, it is not. Nevertheless, the following are what states believe as important bases in making a decision:

  • The amount of involvement each parent has given and can give the child in his/her activities
  • The level of relationship between the child and his/her parents
  • The parents’ individual lifestyle, health and financial stability
  • Factors that can affect a child’s academic performance, such as parental care, availability of parent
  • Whenever the child would need his/her time and attention
  • The age and gender of the child
  • The possible physical, emotional and health risks in the environment where each parent lives

For many centuries up until the latter part of the 20th century, two practices became prevalent where child custody was the issue: the Tender Years doctrine and the Maternal Preference doctrine. In both practices custody of the child was always awarded by judges to mothers as judges believed that mothers were naturally more capable of providing all the love and attention that children need (it was only through proving that the mother was unfit for the father to be given custodial rights). These doctrines have been abolished, though, and began to be replaced by the “the best interest of the child” doctrine during the last quarter of the 20th century due to the belief that the old practices violated the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Despite the doctrine being abolished and their perceived violation of the equal protection clause, many judges still end up favoring mothers and, so, award to them custody, especially of young children.

Many courts, as much as possible, decide to award custody to both parents in consideration of the new doctrine and the belief that it is very important that a child develops a strong bond with both of his/her parents. However, there is no certainty that joint custody will be the decision a court will make, unless it sees both parents as fit, will contribute well in the child’s development and that the decision will be in the child’s best interests. Seeking the help of a lawyer whose knowledge and experience in child custody law and proceedings, respectively, is exceptional, will definitely help the parent attain the sole of joint custody that he/she wants.

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Take the Time to Treat Yourself Better

Posted by on Jan 1, 2015 in Health and Beauty | 0 comments

There has been rampant discussion nowadays all over social media about body image, what with men and women alike getting pitted against each other based on their body type. There has been a strike back against the idea that you must be slender and slim to be beautiful, yes, and though this is not at all true, there is such a thing as a difference between being curvy and being obese. The line isn’t fine; it is relatively defined. And there is nothing healthy about obesity.

The main call of social justice aficionados on social media is that everyone should love their own body. Loving your body does not mean that you can just stuff yourself with whatever makes you happy. There are a lot of unhealthy meals and diets, by which many Americans adhere to, which are the root causes of many health impairments such as heart failure, diabetes, kidney problems, obesity, et cetera. Loving your body entails to taking caring for your well-being and your health.

It is no easy task to take care of yourself when the other option looks so tantalizingly tempting and easy. According to the website of the medical team at Bergman Folkers Plastic Surgery, the process of taking care of yourself takes a lifetime and it involves a wide variety of activities to keep yourself both healthy and happy. Imagine the road to wellness as a race that everyone must go through and there are different obstacles for everyone along the way. Weight loss is no different to that and the goal is always the same.

It takes time and a lot of effort to practice a healthy lifestyle. Good things are hardly ever without hard commitment. But, unlike the instant gratification that some of the unhealthier options provide, a little bit of change can make all the difference to better the years to come. In the end of it all, it isn’t about looking good or whatever the now-society dictates as mandate for an attractive body image – it’s about feeling good on a deeper level. Instead of just treating yourself, try treating yourself better. Your body will return the favor soon enough.

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Stand Up to Rollover Accidents

Posted by on Dec 30, 2014 in Accidents | 0 comments

Human error has been blamed for many bad things whilst artificial intelligence has been praised in this technological age where most people assume for these things to be almost infallible, to the point that these machines are trusted with actual, proper lives. Even though human reliability doesn’t have the best reputation, as can be inferred by the mere existence of the car insurance industry, it isn’t entirely unheard of for these innovations to bear the blame for accidents.

And when times such as those do arise, it can be a daunting task to hold big names and companies accountable for their defective machinery that has caused injury in the accident. You don’t have to just roll over, though; as a consumer of their product, it is well within your rights to demand compensation when their product causes you harm according to Habush Habush & Rottier S.C.®.

A rollover accident is a prime example of situations where the manufacturers are usually the ones to blame. Sports Utility Vehicles or Suburban Utility Vehicles, more commonly known as SUVs, are more often associated with accidents of this nature, according to the website of Habush Habush & Rottiers S.C. ®, the fact that these vehicles have a “higher center of gravity,” makes them more susceptible to rollover accidents due to malfunctioning hardware. SUV rollover accidents occur with a frequency that is shocking.

These accidents are never pretty – often, you would be called lucky for getting out with a few broken bones and a bruise here and there. There are reports of victims from rollover accidents who have had to become amputees or have suffered incontrovertible spinal damage or, at the very worst of them all, death. And for faults that rest not within the innocent users, there is no glitch in the system; you deserve recompense for what you have been made to suffer.

If you have been hurt or have been in any way inconvenienced via a rollover accident as a result of mechanical failure, there are options available to you where you can hold accountable those who are actually at fault. When you know yourself to be in the right, even when everything else tells you to step down, you always stand up.

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Who is at Fault in a Car Accident

Posted by on Dec 28, 2014 in Accidents | 0 comments

Accidents choose no one person in particular. It has nothing to do with pride or prejudice; it can literally happen to any one person at any given time. There is no precedence for it; that’s why it’s called an accident. This is not to say that these things happen without fault as, to be perfectly frank, there is usually someone to blame.

There is a phrase that has been repeatedly uttered during particularly bad days, “Anything that can go wrong will go wrong.” It is more commonly referred to as Murphy’s Law but, sometimes, that isn’t the only law that comes into play when accidents happen.

One of the most common accidents that occur in the United States of America are vehicle-related accidents. This can range to little things like a scratched paint job or a few bumps and bruises; or it could very well be the more serious things like fatal injuries. Accidents of this nature are of an immeasurably large variety and are, therefore, a complicated matter in the aftermath. There are some states, like Michigan, that practice the ‘no-fault law’, with regard to accidents of this nature. According to the website of Ravid & Associates, P.C., this law states that anyone can file a claim with their insurance provider, regardless with whomever the fault rests.

Car accidents are, by nature, quite costly as a natural consequence – as are most accidents that cause injury – and yet, the process by which compensation for damages caused is a daunting task. There is the claim to file, the case to plead; and, in some cases, there is the trauma from which either side must now recover. In 2013, there were 947 fatalities recorded in Michigan alone, the National Highway Traffic Safety Administration said. A Detroit personal injury lawyer can tell you that the no-fault law has helped immeasurably with people who have had to deal with the aftermath of any vehicular accident.

Accidents choose no one person in particular but the choice of how to deal with the consequences dealt to you can be addressed. Found yourself in a tight spot after a car accident? Explore your legal options. There are ways you can get compensation for an accident you didn’t ask for – if you talk to the right kind of people. Just because anything can go wrong doesn’t mean that everything has to.

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