Tag: Estate Planning

Guardianship of a Minor or Disabled Person

Guardianship AttorneyWhen a family member becomes incapacitated due to illness, injury, or old age, guardianship can be an effective way to ensure their legal and physical interests are protected. In the absence of a power of attorney or similar document, guardianship can be required to obtain access to medical care, enroll a minor in school, and make other vital decisions on behalf of someone who can no longer do so for themselves. It is important to have an experienced Chicago Guardianship Attorney in Illinois to help guide you through the process of obtaining guardianship of a minor or disabled person.

A guardian ad litem, or GAL, is an independent professional who is appointed by the court to investigate and represent the best interests of a child in a legal matter where one or both parents are unfit to parent the child or do not want custody. GAL qualifications and duties vary by state. Generally, they are social workers with experience in children’s law.

In most cases, a guardianship of a child becomes necessary when the parents are deceased, unfit to care for the child, or unwilling to take custody of the child. Often, other family members will seek guardianship to provide for the child’s long-term needs. The same is true for adults who are incapable of caring for themselves on a long-term basis due to illness, injury, or incapacitation.

Guardianship of an Incapacity

A judge will decide whether to grant a legal guardianship based on an individual’s need for assistance with personal care or property management. The court will look at evidence such as written statements from physicians who have examined the individual, an affidavit listing assets and debts, and other documentation. An experienced Chicago Guardianship Attorney can expedite the process of establishing guardianship and ensure all legal requirements are met.

Disputed Guardianships

If the proposed guardianship is not in the individual’s best interest or there are other alternative ways to address their needs, an experienced attorney can guide you through the process of objecting to a guardianship. The court may then choose to appoint another individual to the position of guardian or deny the application.

If you have a friend or loved one that has recently become incapacitated, it is important to put the proper documents in place to protect their interests and avoid a lengthy and expensive guardianship proceeding. A skilled lawyer can also assist you in contesting a proposed guardianship or defending against misconduct claims made by a current guardian. The legal team at Kevin M. Rosner is here to provide trusted and reliable counsel at every juncture of the process. Call us today to schedule your free consultation! We proudly serve clients in the surrounding areas of Cook County, including Waukegan, Crystal Lake, Joliet, and Barrington. We also represent clients in matters involving Probate and Trusts. Our office is conveniently located in downtown Chicago. We offer evening and weekend appointments to accommodate clients with busy schedules. We speak English, Polish, and Russian.

Categories: Probate Law

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Probate Law- How to Claim from an Estate of a Deceased Person

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills. Wills records prepared by state officials for the testator who dies. In general, will procedures are applicable in all states that use the same testator rules. In addition, probate of wills often involves the involvement of representatives of the decedent’s heirs, including creditors and estate planners.

In general terms, wills are recorded in duplicate in the county where the testator resided prior to his death and recorded in the same county where the decedent died. However, the probate court in each jurisdiction has its own procedures for recording and executing the same. Some jurisdictions also allow for will exchanges in which one testator signs an instrument with another or states that the testator has fully paid his/her debts to others. It is necessary to record the testator’s name under the appropriate heading as part of the will. While the use of names other than the testator’s, especially in the case of initials or nicknames, is common in many probate jurisdictions, it is not necessary to use legal titles.

 

In legal terms, “testimony” refers to any oral statement, whether oral or written, concerning the testator’s affairs which may be used as evidence at any later stage in the probate of wills proceedings. Testimonials may be based on information learned from others, hearsay and even dreams. While a few states recognize a will as having been executed in state court if there is no probate action, the majority of states recognize a will as a legally binding document and require an oath of the parties to a testator’s act. Generally, a legal representative of the decedent’s estate presents the sworn statement at the testator’s expense to a probate court, whether or not the testator is present.

 

There are also some states that allow the testator or his estate to appoint an agent to control certain aspects of the estate during the administration of the will. Such an agent may have the responsibility for distributing the assets to beneficiaries and for the collection of monies owed to them. This aspect is important in limited liability situations because the testator may be personally liable for the actions of the agent or his estate. This is not the case in all jurisdictions however and is a question that must be considered on a case by case basis, said probate and guardianship lawyer in Miami.

 

Estate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan. In order to successfully revokes a will, a testator must be in financial difficulty, there must be a substantial uncertainty about the future of the testator’s estate and the testator must be in compliance with applicable estate tax laws. Some jurisdictions refer to a will as a “power of attorney” and others to a “writing of trust.” The term will does not imply that the document itself is invalidated by the federal law, it simply provides for the existence of a prior written document that was not properly executed under the provisions of the law.

 

If you would like to learn more about Probate of Wills and how it affects the process of wills in the United States or other countries, please contact a qualified lawyer. An experienced estate law attorney can assist in completing your state required documentation and can assist you in discussing your particular probate needs. A qualified probate lawyer should be willing to meet with you and discuss the details of your situation and provide insight into probate matters. An experienced probate lawyer should be available for an initial consultation and/or a free legal consultation. Click here to learn more about probate.

Categories: Probate Law

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What to Do If You Are a Victim of Domestic Violence?

The effects of domestic violence can be far reaching, affecting not only the individuals that have been victimized, but those around them as well. The consequences of domestic violence depend on the specific acts committed and whether or not they constitute misdemeanors or felonies. There are various classifications of both misdemeanors and felonies, and you’ll want to discuss these with your Seattle domestic violence attorney prior to your free consultation. Your Seattle criminal defense lawyer will tell you how the laws apply in your specific state and recommend the best course of action when it comes to combating domestic violence charges brought against you.

 

Even if your state does not require a showing of actual malice or punitive damages in order to successfully defend against a domestic violence charge, most states still require some type of prove of actual negligence or damage. In many cases, this evidence is turned over to the prosecuting attorney, who has the burden of proving “beyond a reasonable doubt” that the defendant knew of the alleged incident beyond a reasonable doubt. This subjective element is extremely important, as it helps to ensure that the accused does not get a pass with a defense based on ignorance. Having an experienced Seattle domestic violence attorney on your side can significantly increase your chances of avoiding jail time and getting a fair trial.

 

There are three different types of criminal charges faced by those accused of domestic violence, as listed above. Those types are misdemeanor charges, felony charges, and grand theft charges. Each of these carries different penalties and jail time requirements. For example, in Washington state, simply punching a person can result in a misdemeanor charge, while knowingly causing death or physical harm to a person can result in a felony charge. Even those accused of misdemeanors can still face jail time if they are found guilty.

 

To fight for justice, many victims turn to hiring a Seattle criminal defense attorney, particularly if they believe they may be the victim of a crime such as assault, burglary, abuse, child abuse, sex crimes, or domestic violence. The first step a Seattle domestic violence attorney will take is making contact with law enforcement authorities. This means speaking with the local police, prosecutor’s office, or any other agency responsible for taking action in the area. The goal is to gather as much information as possible to present in your defense. Your attorney will also make contact with any witnesses to help build your case.

 

A Seattle criminal defense attorney will also make contact with the alleged victim, in order to gather additional information that will be used in court. Your attorney will seek to verify whether the victim actually saw the attack occur, what details the victim can remember about the event, and what type of injuries the victim endured. The entire interaction between the victim and law enforcement will be recorded to aid the defense in building its case against the defendant.

 

In cases where the alleged perpetrator is in Washington state, contacting the victim’s home or place of employment can also prove to be invaluable to your defense. In instances where the alleged abuser is a Seattle resident, you will want to find out exactly where he or she works or goes to school. This is not only important for the sake of safety, but also to provide information to help build your case. Your domestic violence attorney will do all he or she can to get information from the alleged victim or other witnesses to use as part of your defense.

Categories: Family Law

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