Probate Attorney – What You Should Know

This is the attorney that you would hire to administer the last will and testament of a deceased person. They will also help to guide the heirs through the probate process in court, which is when a person files a petition for probate. This is the process to determine if the will the deceased left behind is valid. In the probate process the assets that the deceased left behind are distributed to pay any bills and what is left is divided among the heirs as the will states. The probate attorney will assist the heirs during the legal process, including filing any necessary pleadings and motions. If the will is contested by the heirs they will make arguments to the court as to why it is being contested. It the court has any questions about the will’s validity he will answer their questions.

Although this is not required for them to do so sometimes they will be the executor of the will, especially if the deceased has named them as the executor of their estate. When they are the executor of the will they will manage the distribution of any assets the deceased has left behind. Some of his duties can be helping to change the title on some property. It can also be helping to move assets into the person’s name who inherited the items. The probate attorney is also responsible to make sure that all of the funds are accounted for along with the taxation aspect of the will and estate. When the probate attorney is the executor of a will they are generally paid a nominal fee, which could be a percentage based on a percentage of the estate or a flat fee. It is a fee that is separate from the one for preparing the will.

To become a probate attorney you will first have to have a bachelor’s degree and graduate from law school, which can take up to ten years. Before you can apply to take the bar exam you will have to have acquired a specific number of hours work experience for a law firm. Each state has a specific number of hours. Once you have met this requirement you can take the bar exam.

As an added bonus you should have good interview skills. When discussing any requests to change a will or when creating a will having persuasion and oral communication skills can be very helpful. When starting work as a probate attorney many will work as a junior attorney for a law firm that deals with probate work. They will be the ones that review wills, doing paperwork that involves the execution of an estate, and fulfilling change requests. They will also learn how surrogate court works.

Evolution of Military Law in the United States

While in service I visited the United States as a guest of the US Air Force. As I was sometimes a presiding officer of Court Martial in India (being legally qualified), I was interested how the US military law functions. One significant difference is that in the US, there is at the moment one Unified Military Code which is applicable to all the 4 service arms namely the army, airforce, navy and coast guard, while in India we have a separate military code for each service.

The Unified Military code is a comparatively recent occurrence and was signed into law by President Truman only in 1951. Prior to this the code was amorphous and had very fewer checks and balances. The US military law took almost 175 years to evolve to the present Unified Military Code.

The US was a colony of England till 1776, till a war of Independence by the settlers against the English army led to the creation of the American state.As the American state emerged, a set of laws to regulate the army were considered essential. to start with the new state adopted the British codes for the US armed force. The US army now adopted what is known as the Articles of War 1775. These were derived from the British law and consisted of 69 sections. the American military code is credited to John Adams, who was a lawyer at that time. Later he became the President of the United States. The Articles of War found wide acceptance and at the Conference of the Continental Army, they were ratified.

The Articles of War were an exact copy of the British law, underwent a change and some amendments were incorporated in 1806. A team of military experts and lawyers studied codes of many nations including the French and raised the sections from 69 to 101. The code provided for summary execution and in some cases the Commanding Officer of Unit at the time of battle if convinced, could order execution of a combatant. There was no appeal. The code was effective and it instilled discipline in the US army. it was widely used in the US civil war from 1861-65.

The beauty of this code was that it continued for almost 150 years, without any questions being raised. The first time the code was questioned was in the period of the First World War when 13 black soldiers were summarily hanged for ” mutiny”. Later it came to notice that the punishment was excessive and as there was no appeal the sentence was carried out immediately. It was also mentioned that the bigger crime of the soldiers was that they were black.

To avoid a dip in morale the Secretary of defense Newton D Barker intervened. He ordered that henceforth no executions could be carried out without referring the matter to Washington. Thus a major change was effected in the military code.

After the end of the Second World War, the three Chiefs of Staff appointed a committee to streamline US military law. The committee came up with the Unified Military Code which became law from 1951. One significant change was that a series of checks and balances was introduced and the code made more humane. Death was made an exception and not a rule. This code is now in vogue in the USA. In India also experts are working on a Unified code for all 3 services.

The Top Business Lawyers Mean Business

The law also protects consumers from business monopolies, malpractices, price fixing, and other issues.

As a business owner, you need to know about the laws regarding your business type, whether it is a small venture, a franchise, a partnership, or a corporation. There exist several legal considerations. The choices you make while setting up a business influence your business management, operations, finances, taxes, profits, and liabilities in the long run.

The importance of hiring business lawyers

Business lawyers know business laws inside out. They can help you right from the day you have a “blueprint” of your business plan to the day your business roars in the market… and even afterwards.

They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law

A competent business attorney helps you give a picture of business law which would be clear as a crystal. He or she will explain the tax implications, business responsibility, and benefits of each kind of entity. This aids you in setting up an entity that benefits you, your employees, shareholders, and consumers.

Business lawyers harbor meaningful connections with important sources in the business community. Their objective is to promote a healthy business community that features continuous growth.

Of course, you can set up a business on your own, but you still need a lawyer. Only lawyers can give you legal advice. They are authorized and capable of doing so.

A partially-trained lawyer or a layman who claims to know the law may give you poor advice. They are not as acclimatized with legal situations as competent lawyers are. Qualified business lawyers are recognized by the Court of Appeals, which is the highest court of the state. They abide by a code of conduct and display sheer professionalism when handling cases. They are always updated about the changes in laws.

A reputable business lawyer has the legal expertise to interpret law for their clients and represent their interests in the courtroom and outside. You can benefit a lot from hiring such a lawyer. In other words, he or she can make things easier for you in the legal world.

Thanks to reputable law firms going online, it is easy to contact the best lawyer in town. You can schedule an initial consultation with him or her. You can discuss with them about your dream venture. It is time to put your idea on legal papers and out in the market.