Sunday, May 31, 2015
How To Find Reliable Legal Advice For Your Needs
When hiring a lawyer, you should ensure you are able to easily reach them when you need them. A common complaint among people is that their lawyer is hard to reach. If you lawyer is out of pocket, you could be left in a quandary.
A good tip to remember if you're thinking about hiring a lawyer is to take your time and make your search thorough. You shouldn't impulsively hire a lawyer just because you need one right away. There are so many lawyers out there, that you need to be selective to get the best one for you.
Imagine taking on a lawyer who is about to enter court for the first time. That's what will happen if you take a general lawyer into a case where a specializing lawyer is a better bet. Ask any lawyer you know for their recommendations, and you'll be pleased with the outcome.
When you are describing the situation that you are in to your lawyer, refrain from lying. You should be telling them the truth at all times, as this could backfire if you are questioned on the stand and your lawyer does not have all information available. Honesty is the best policy, especially in regards to legal issues.
When looking for a good lawyer, make sure to obtain personal references. Talking to the local community that have experienced issues similar to you. For instance, if you're a victim of sexual harassment, speak with a women's group. Ask them about the lawyers they had and what their experiences were like.
Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.
Make sure you know how much you are going to spend before you hire a lawyer. Lawyers can be very expensive. Their hourly rates can break your budget before they even begin to help you. Make sure you know the costs upfront and if you cannot afford a particular lawyer, search for one that you can afford.
If you feel like your lawyer is not being up front with you about all of the fees involved, do not think twice about hiring someone else. Usually when lawyers are shifty about financial details it means that they have something to hide. Make it easier on yourself and ask this question right away.
Instead of becoming a victim who must pay high bills for little quality service, do your homework and find a reliable lawyer. You can easily find someone that will help you in the courtroom. Remember these tips next time you find yourself in a sticky situation, so you can come out on top!
Saturday, May 30, 2015
SHOPLIFTING
NJ CRIMINAL STATUTES - NJ Criminal Attorney
Friday, May 29, 2015
NEW JERSEY INDICTABLE OFFENSES - NJ Criminal Attorney
What to do if the Executor is Not Properly Administrating the Estate
As you may be aware, every Last Will & Testament contains a clause which appoints an Executor or Executrix to administer the Estate of a decedent. In a perfect world, the Executor would timely administer the Estate, would entirely fulfill their duties, and the Estate would be swiftly and economically administered. Unfortunately, this is not always the case and often times a beneficiary may be faced with an Executor who is not properly or timely administering the Estate. In such circumstances, the beneficiary may have a few different options they may resort to.
The first option would be to send a formal demand letter requesting that the Executor or Executrix timely and economically administer the Estate. Sometimes, the mere push by one or more beneficiaries of the Estate will compel the Executor to properly finish administration. Unfortunately, sometimes more action needs to be taken. The next logical step would be to retain an attorney to send a formal demand letter requesting that the Executor properly and timely administer the Estate. If the Executor does not heed the warning of the attorney, then the only remaining option would be to file suit to remove the Executor from their role in the Estate.
When an action is filed to remove an Executor of an Estate, the party filing the action may seek to appoint themselves as the replacement Executor, seek an Independent Executor, or seek to have the Successor Executor named in the Will appointed as the new Executor of the Estate. Such an action would be filed with the county Surrogate and would be heard by the Chancery Judge within that county. The complexity and the duration of the matter depends upon the scope of the improper conduct of the Executor, and whether there was unlawful conduct aside from a mere failure to take action.
During the course of this action, it is not uncommon for the Court to appoint an Independent Executor to finish the administration of the Estate. In the alternative, the Court could set a very detailed schedule by which the current Executor must abide by or forfeit their appointment. Whether or not the Court appoints an Independent Executor depends upon the nature of the relationship between the adversaries in the Action, the value of the Estate, and whether there is any previous evidence of malfeasance by the current Executor. Regardless, at the conclusion of such a matter, the party seeking to remove the Executor may often seek counsel fees from the Estate provided the Action was filed in good faith.
The above is merely an outline as to a beneficiary’s right to bring an Action to remove an Executor. It is suggested that a beneficiary consult with an attorney to review the merits of such claims. The important message is, however, that a beneficiary need not sit idly by and let an Estate waste away without taking legal action.
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