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Bay Leaf Ritual for the New Year
HI would like to share with you a ritual I do every New Year's that is quite involved and requires a lot of thought and meditation time. It is derived from an ancient Greek ritual for prosperity and fertility. As you may recall, ancient...
Deliberate Attraction
Learn how to put the Law of Attraction to work for you. Learn how to let the cosmic waitress deliver exactly what you order!
Deliberate Attraction I’ve known about the law of attraction ever since I said to my kids, “Don’t spill your milk,”...
Eight Key Nutrients To Help Prevent Breast Cancer -- And Where To Find Them
Breast cancer is the most common cancer among women in the United States, accounting for one in three of all women cancer cases diagnosed. In 2005 alone, more than 211,000 women will be diagnosed with the disease, according to the American Cancer...
There's More to Preparedness than Food!
Would you be prepared to walk out the door with all the information you would need in an emergency? Most people aren't.
You may use this article as long as the byline remains intact with active links. Please send a copy of your publication...
Warning For Parents: Your Children May Be Having Lead For Lunch!
The Center of Environmental Health California (CEHCA) recently released a report finding very high levels of lead in children's soft vinyl lunchboxes.
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Try to Avoid Probate
Below is a discussion of how to handle probate.
First of all, what is probate? We’ve heard various things about probate and we are pretty sure that it deals with court matters that involve our property. We generally know that probate is something that happens after we die and it’s a negative experience because it is expensive and it takes a lot of time. True, the two main problems with probate are that it can take up to a year to accomplish its own goals (not ours) and it is an expensive purchase of attorney advice and court costs when it may not be necessary at all.
In fact, it usually serves no real purpose except that the attorneys who defend it claim that it controls fraud in dividing up property owned by a deceased person and that it handles the claims of creditors fairly. Consider though, that in the usual case, there will probably be no major creditor claims and the property will go to a small group of family members.
This is what happens in probate. The attorney may make a couple of court appearances but most probably the case will be handled by mail. Your attorney will charge you a fee for taking care of this (as high as 5% of the estate), even though most probate cases do not require any special lawyerly skills like drafting of documents, the ability to resolve conflicts or fight for you in court, or perform any extensive legal research, since usually there is no fight going on and thus no need for a court appearance. What is necessary is the filling out of forms and filing them at the right time, a job usually performed by the attorney’s
secretary.
The attorney may charge what the court approves as appropriate and reasonable, or his fee may be based on a percentage of the estate. Even though the assets may be the home of the deceased or other personal property, the lawyer’s fees and attendant court costs and appraiser’s fees may require you to make an out-of-pocket payment of 5%. So, if your estate is even only $500,000, you could owe your attorney as much as $25,000. Although you cannot legally hold an attorney to this arrangement, you could try to get an attorney to agree to help you at a lower than average fee.
Note that the power to select the attorney normally resides with your executor.
To help reduce the cost of probate, it is possible to study the extensive volume of educational materials found in public law libraries regarding the probate system in order to do much of the work yourself or require the executor to attempt this. Your executor can complete and file most of the forms completed by the attorney’s secretary.
The best idea, however, is to avoid probate altogether. Look at the Revocable Living Trust - http://www.legalhelpmate.com/living-trust-online.aspx
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.
Website: Legal helper Corp.
Email: jeffreyb@legalhelper.ws
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